Common use of Standard Warranties Clause in Contracts

Standard Warranties. (A) If Buyer markets Program Products, Services and/or Deliverables (collectively, the "Products") to the Customer under Supplier's brand, then Buyer may pass Supplier's standard warranty for such Products through to the Customer. The Customer may deal directly with Supplier under such warranty, and, if Supplier's standard warranty for Program Products is more favorable than the warranties in this Agreement, Supplier's standard warranty for Program Products will apply to such Products. (B) If Buyer markets Products to the Customer under Buyer's or its Affiliate's brand, then: (i) Supplier's warranty is to the Buyer only, (ii) Buyer may not pass Supplier's standard warranty for Program Products through to the Customer, (iii) Customer shall have no warranty claim or recourse against Supplier, and (iv) Buyer shall be responsible for all warranty claims or services. (C) THE WARRANTIES SET FORTH IN SECTION 7.1 AND 7.2 ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, Form Title: Software; Services Engagement Agreement Form Release: 05/01 Form Owner: Global Procurement Revisions: 3/04 STATUTORY OR OTHERWISE,INCLUDING THOSE WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Standard Warranties. (A) If Buyer markets Program Products, Services and/or Deliverables (collectively, the "Products") to the Customer under Supplier's brand, then Buyer may pass Supplier's standard warranty for such Products through to the Customer. The Customer may deal directly with Supplier under such warranty, and, if Supplier's standard warranty for Program Products is more favorable than the warranties in this Agreement, Supplier's standard warranty for Program Products will apply to such Products. (B) If Buyer markets Products to the Customer under Buyer's or its Affiliate's brand, then: (i) Supplier's warranty is to the Buyer only, (ii) Buyer may not pass Supplier's standard warranty for Program Products through to the Customer, (iii) Customer shall have no warranty claim or recourse against Supplier, and (iv) Buyer shall be responsible for all warranty claims or services. (C) THE WARRANTIES SET FORTH IN SECTION 7.1 AND 7.2 ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, Form Title: Software; Software and Services Engagement Agreement Form Release: 05/01 Form Owner: Global Procurement Revisions: 3/04 STATUTORY OR OTHERWISE,INCLUDING THOSE WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.