Common use of DSSs and GCE Clause in Contracts

DSSs and GCE. Contractor warrants that the DSSs and GCE delivered under this Contract shall be manufactured in conformity with the applicable requirements of Exhibits, E, F, G and H (as modified by any waiver and/or deviation pursuant to Article 11.5) and will be free from defects in materials and workmanship during the period commencing on the respective dates of Acceptance of such DSSs and GCE pursuant to Article 11 and ending on the first anniversary thereof for the DSS and the second anniversary thereof for the GCE. The computer hardware warranty of the DSSs and GCE shall be transferred to the corresponding manufacturer in Mexico, if applicable. During the warranty period specified above, as Purchaser’s sole and exclusive remedy for any non-conformance or defect in such DSSs or GCE which Purchaser notifies to Contractor in writing, such non-conformance or defect shall be remedied by Contractor at Contractor’s expense by repair or replacement of the defective component (at Contractor’s election). For any such non-conformance, Contractor shall determine if repair or replacement is required to be performed at Contractor’s plant. If required, Purchaser shall ship the DSSs and/or GCE, as applicable, to Contractor’s designated facility. Contractor shall be responsible for the cost of shipment (including transportation, transit insurance, taxes and/or duties), and the cost of return shipment (including transportation, transit insurance, taxes and duties) to Purchaser at the location designated in Article 3.1 or any other location in Mexico as may be designated in writing by Purchaser. Risk of loss for the DSSs and/or GCE, as applicable, shall transfer to Contractor upon delivery of the DSSs and/or GCE, as applicable, to the shipping carrier by Purchaser, and risk of loss to the DSSs and/or GCE, as applicable, shall transfer again to Purchaser once such DSSs and/or GCE, as applicable, is repaired or replaced pursuant to this Article 15.1.2 and accepted in accordance with Article 11.3, upon receipt thereof by Purchaser at the location designated therefor in Article 3.1.