Common use of Warranties and Return Clause in Contracts

Warranties and Return. (a) Linvatec shall warrant the Products in accordance with Linvatec's standard worldwide warranty in effect from time to time; provided, however, that Linvatec shall not change the terms of the Product warranties in effect at the date hereof with respect to Products sold in any Market if such change would render Zimm▇▇ ▇▇▇ble to sell Products in such Market in accordance with applicable law or regulation or commercial custom. Zimm▇▇ ▇▇▇l deliver to Linvatec not later than the last day of each month a statement setting forth the types and quantities of Products sold by it in each Market during the preceding month and showing the serial numbers of the Products, if any, and all other information required in order to permit Linvatec's warranty to be honored. (c) Zimm▇▇ ▇▇▇ll not have any reimbursement obligation for Products (whether sold before, on or after the date hereof) which are returned pursuant to a Product warranty or guarantee. If a Product returned pursuant to a Product warranty or guarantee results in a credit against an accounts receivable maintained by Zimm▇▇ ▇▇▇h respect to a Product sold by Zimm▇▇ ▇▇▇or to the date hereof, Linvatec shall reimburse Zimm▇▇ ▇▇▇ the price paid by Zimm▇▇ ▇▇ Linvatec for such Product. (d) During the applicable Term, in the event Products sold by Zimm▇▇ ▇▇▇ returned by a customer directly to Linvatec, Linvatec shall notify Zimm▇▇ ▇▇ such return within 5 calendar days. After the applicable Term, Zimm▇▇ ▇▇▇ll continue to be responsible for all refunds or the costs of any exchange of Products sold by it prior to the date hereof that are not covered by a warranty or guarantee of Linvatec or otherwise expressly required to be paid by Linvatec under this Agreement.

Warranties and Return. (a) Linvatec shall warrant the Products in accordance with Linvatec's standard worldwide warranty in effect from time to time; provided, however, that Linvatec shall not change the terms of the Product warranties in effect at the date hereof Closing Date with respect to Products sold in any Market if such change would render Zimm▇▇ ▇▇▇ble to sell Products in such Market in accordance with applicable law or regulation or commercial custom. Zimm▇▇ ▇▇▇l deliver deliver, consistent with past practice, to Linvatec not later than the last day of each month a statement setting forth the types and quantities of Products sold by it in each Market during the preceding month and showing the serial numbers of the Products, if any, and all other information required in order to permit Linvatec's warranty to be honored. (b) Linvatec shall accept all returns of defective Products that are returned in a reasonable amount of time and credit Zimm▇▇ ▇▇▇ such returns. Linvatec shall pay all costs and expenses associated with such return, including shipping, freight, insurance, transfer taxes, duty and customs expenses. (c) Zimm▇▇ ▇▇▇ll not have any reimbursement obligation for Products (whether sold before, on or after the date hereofClosing Date) which are returned pursuant to a Product warranty or guarantee. If a Product returned pursuant to a Product warranty or guarantee results in a credit against an accounts receivable maintained by Zimm▇▇ ▇▇▇h respect to a Product sold by Zimm▇▇ ▇▇▇or to the date hereofClosing Date, Linvatec shall reimburse Zimm▇▇ ▇▇▇ the price paid by Zimm▇▇ ▇▇ Linvatec for such Product. (d) During the applicable Term, in the event Products sold by Zimm▇▇ ▇▇▇ returned by a customer directly to Linvatec, Linvatec shall notify Zimm▇▇ ▇▇ such return within 5 calendar days. After the applicable Term, Zimm▇▇ ▇▇▇ll continue to be responsible for all refunds or the costs of any exchange of Products sold by it prior to the date hereof that are not covered by a warranty or guarantee of Linvatec or otherwise expressly required to be paid by Linvatec under this Agreement.