Common use of Deliverable Warranty Clause in Contracts

Deliverable Warranty. ‌ 15.4.1 The Supplier warrants that for 150 days beginning with Acceptance of a Deliverable, the Deliverable will (a) be free from Non-Conformities and errors in materials, design, workmanship, operation and performance; (b) function in accordance with the applicable Documentation; and (c) conform to its corresponding specifications (unless a different warranty period is agreed and as otherwise set forth herein). For any Deliverable that is subject to a Conditional Event (defined in Section 10.3 (Review and Acceptance of Deliverables)), the warranty period will continue for 150 days after the occurrence of the Conditional Event. In the case of use with another Deliverable, the 150-day period will begin upon Acceptance of the other Deliverable. 15.4.2 The Supplier agrees to correct any Deliverable not in compliance with the Deliverable Warranty brought to its attention by VITA. Such correction shall be at no charge to VITA, and shall be completed within a reasonable period of time under the circumstances, but no more than thirty (30) calendar Days or as otherwise expressly agreed in writing by the Parties. The warranty period will be extended on a day-for-day basis for any time between (i) VITA’s notifying the Supplier of a failure and (ii) the Supplier delivering a compliant Deliverable back to VITA (plus a reasonable period of time to re-implement the Deliverable in VITA’s environment). For clarity, the warranties described herein are applicable during any Transition Out Assistance Period. 15.4.3 If the Supplier does not correct a Deliverable within the required time period, then VITA may, in its sole discretion and in addition to any other rights and remedies available to VITA, (a) require the Supplier to continue working to correct the Deliverable, (b) hire a third party to correct the Deliverable, in which case the Supplier will be responsible to reimburse VITA for the costs for such services (and any related costs or expenses incurred by VITA), or (c) require the Supplier to provide an equitable credit as a partial refund for such Deliverable.

Deliverable Warranty. ‌ 15.4.1 The Supplier warrants that for 150 days beginning with Acceptance of a Deliverable, the Deliverable will (a) be free from Non-Conformities and errors in materials, design, workmanship, operation and performance; (b) function in accordance with the applicable Documentation; and (c) conform to its corresponding specifications (unless a different warranty period is agreed and as otherwise set forth herein). For any Deliverable that is subject to a Conditional Event (defined in Section 10.3 (Review and Acceptance of Deliverables)), the warranty period will continue for 150 days after the occurrence of the Conditional Event. In the case of use with another Deliverable, the 150-day period will begin upon Acceptance of the other Deliverable. 15.4.2 The Supplier agrees to correct any Deliverable not in compliance with the Deliverable Warranty brought to its attention by VITA. Such correction shall be at no charge to VITA, and shall be completed within a reasonable period of time under the circumstances, but no more than thirty (30) calendar Days or as otherwise expressly agreed in writing by the Parties. The warranty period will be extended on a day-for-day basis for any time between (i) VITA’s notifying the Supplier of a failure and (ii) the Supplier delivering a compliant Deliverable back to VITA (plus a reasonable period of time to re-implement the Deliverable in VITA’s environment). For clarity, the warranties described herein are applicable during any Transition Out Assistance Period. 15.4.3 If the Supplier does not correct a Deliverable within the required time period, then VITA may, in its sole discretion and in addition to any other rights and remedies available to VITA, (a) require the Supplier to continue working to correct the Deliverable, (b) hire a third party to correct the Deliverable, in which case the Supplier will be responsible to reimburse VITA for the costs for such services (and any related costs or expenses incurred by VITA), or (c) require the Supplier to provide an equitable credit as a partial refund for such Deliverable.