Common use of Hardware Warranty Clause in Contracts

Hardware Warranty. A. Mercury warrants to the original Buyer only that Hardware will, at the time of delivery, conform to ▇▇▇▇▇▇▇'s then current documentation supplied with the Hardware. Mercury further warrants to Buyer that Hardware will be free from defects in material and workmanship for the period of one (1) year (unless otherwise expressly stated on the applicable Mercury quotation) from the date of shipment of Hardware (the "Warranty Period"). The Warranty Period shall commence upon delivery to carrier as stated in Section 1 above. Mercury provides a lifetime warranty under the same warranty provisions stated above for the Mercury Rugged Edge Server (modular blade and RES rackmount) products initially released after July 1, 2021, excluding all BuiltSECURE products. B. Mercury will, at its sole option, repair or replace any Hardware found by Mercury to be defective if notified, in writing within the Warranty Period, and the defective Hardware is returned to Mercury prepaid. Buyer must first obtain shipping instructions from Mercury prior to returning any defective Hardware under this warranty. All repaired/replaced Hardware is warranted for ninety (90) days or the remaining unexpired term of the original warranty, whichever is longer. C. The above warranty is a limited warranty and will not apply if Mercury determines in good faith that (i) the Hardware has been altered/modified, other than by Mercury; (ii) the Hardware has been improperly used or installed; (iii) the Hardware has been used in a manner other than as specified by Mercury; (iv) the defect or non-conformance of the Hardware is caused by external factors such as, but not limited to, failure of electrical power; or (v) the Hardware or a component of the Hardware is designated end of life (EOL) by either Mercury or the Original Equipment Manufacturer (OEM). D. DISCLAIMER OF WARRANTY E. Increased and/or additional Technical Support Service programs can be added before the end of the warranty/service period by Buyer purchasing the appropriate level of service from Mercury. If there is any gap in service coverage, (a) Mercury reserves the right to verify operational status and condition of the Hardware at Buyer’s expense prior to commencement of a new Technical Support Service agreement, or

Appears in 4 contracts

Sources: Terms & Conditions of Sale, Terms & Conditions of Sale, Terms & Conditions of Sale

Hardware Warranty. A. Mercury warrants to the original Buyer only that Hardware will, at the time of delivery, conform to ▇▇▇▇▇▇▇'s then current documentation supplied with the Hardware. Mercury further warrants to Buyer that Hardware will be free from defects in material and workmanship for the period of one (1) year (unless otherwise expressly stated on the applicable Mercury quotation) from the date of shipment of Hardware (the "Warranty Period"). The Warranty Period shall commence upon delivery to carrier as stated in Section 1 above. Mercury provides a lifetime warranty under the same warranty provisions stated above for the Mercury Rugged Edge Server (modular blade and RES rackmount) products initially released after July 1, 2021, excluding all BuiltSECURE products. B. Mercury will, at its sole option, repair or replace any Hardware found by Mercury to be defective if notified, in writing within the Warranty Period, and the defective Hardware is returned to Mercury prepaid. Buyer must first obtain shipping instructions from Mercury prior to returning any defective Hardware under this warranty. All repaired/replaced Hardware is warranted for ninety (90) days or the remaining unexpired term of the original warranty, whichever is longer. C. The above warranty is a limited warranty and will not apply if Mercury determines in good faith that (i) the Hardware has been altered/modified, other than by Mercury; (ii) the Hardware has been improperly used or installed; (iii) the Hardware has been used in a manner other than as specified by Mercury; (iv) the defect or non-conformance of the Hardware is caused by external factors such as, but not limited to, failure of electrical power; or (v) the Hardware or a component of the Hardware is designated end of life (EOL) by either Mercury or the Original Equipment Manufacturer (OEM). D. DISCLAIMER OF WARRANTY E. Increased and/or additional Technical Support Service programs can be added before the end of the warranty/service period by Buyer purchasing the appropriate level of service from Mercury. If there is any gap in service coverage, (a) Mercury reserves the right to verify operational status and condition of the Hardware at Buyer’s expense prior to commencement of a new Technical Support Service agreement, or

Appears in 2 contracts

Sources: Terms & Conditions of Sale, Terms & Conditions of Sale

Hardware Warranty. A. Mercury warrants to the original Buyer only that Hardware will, at the time of delivery, conform to ▇▇▇▇▇▇▇'s then current documentation supplied with the Hardware. Mercury further warrants to Buyer that Hardware will be free from defects in material and workmanship for the period of one (1) year (unless otherwise expressly stated on the applicable Mercury quotation) from the date of shipment of Hardware (the "Warranty Period"). The Warranty Period shall commence upon delivery to carrier as stated in Section 1 above. Mercury provides a lifetime warranty under the same warranty provisions stated above for the Mercury Rugged Edge Server (modular blade and RES rackmount) products initially released after July 1, 2021, excluding all BuiltSECURE products. B. Mercury will, at its sole option, repair or replace any Hardware found by Mercury to be defective if notified, in writing within the Warranty Period, and the defective Hardware is returned to Mercury prepaid. Buyer must first obtain shipping instructions from Mercury prior to returning any defective Hardware under this warranty. All repaired/replaced Hardware is warranted for ninety (90) days or the remaining unexpired term of the original warranty, whichever is longer. C. The above warranty is a limited warranty and will not apply only if Mercury determines in good faith determines that the Hardware has not been: (i) the Hardware has been altered/modified, other than by Mercury; (ii) the Hardware has been improperly used or installed; (iii) the Hardware has been used in a manner other than as specified by Mercury; ▇▇▇▇▇▇▇;(iv) the defect or non-conformance of the Hardware is caused by external factors such as, but not limited to, failure of electrical power; or (v) the Hardware or a component of the Hardware is designated end of life (EOL) by either Mercury the OEM (product or component) and is reasonably procurable in the Original Equipment Manufacturer (OEM)market place. D. DISCLAIMER OF WARRANTY E. Increased and/or additional Technical Support Service programs can be added before the end of the warranty/service period by Buyer purchasing the appropriate level of service from Mercury. If there is any gap in service coverage, (a) Mercury reserves the right to verify operational status and condition of the Hardware at Buyer’s expense prior to commencement of a new Technical Support Service agreement, or

Appears in 1 contract

Sources: Terms & Conditions of Sale