Defect

Defect

The following exemplar contains a definition of a product defect (including exclusions) and basic procedural and substantive remedial rights afforded to the purchaser:

Exemplar C23-1

A “Defect” is any material reproducible and demonstrable malfunction or failure to meet or nonconformity with the Product Documentation. A Defect shall not be any condition attributable in whole or in part to (1) Customer’s modification or misuse of the Product; (2) Customer’s failure to use corrections or enhancements made available by Company; (3) Customer’s use of the Product in combination with any third party product or software; the quality or integrity of data from other automated or manual systems with which the Product interfaces; (4) equipment, hardware, systems software, application software, or telecommunications equipment not a part of the Product which is inadequate to allow proper operation of the Product or which is not operating in accordance with the manufacturer’s specifications; or (5) operation or utilization of the Product in a manner not contemplated by this Agreement. Services provided with respect to a given Product Defect will be provided only after the Company has received a written request from Customer. The Company’s obligations are limited, at the option of Company, to one of the following with respect to any such Defect (A) correction of the Defect and forwarding a corrected version of the Product to Customer; (B) providing an alternative method to circumvent the Defect; or (C) correction of the Defect in a subsequent release of the Product.