Limited Warranty
Seller warrants that the Goods shall be free from defects in materials and workmanship arising from the manufacture of the Goods (“Manufacturing Defects“) under normal use and service for a period of twelve (12) months (“Warranty Period“) from the date of shipment (“Limited Warranty“). The Limited Warranty applies to Manufacturing Defects only. Without limiting the foregoing, the Limited Warranty does not apply to: (a) Goods that have been subjected to any negligence, abuse, abnormal physical stress or environmental conditions, or improper testing, installation, storage, handling, repair, or maintenance; (b) defects in paint, coatings, or any replaceable cover of the Goods (in each case including any scratches or abrasions) resulting in any way from normal wear and tear, or any use, misuse, or abuse; (c) Goods that have been altered or repaired other than by Seller or an authorized service provider of Seller; (d) Goods used in a manner for which such Goods were not designed or intended; (e) Goods used with any third-party product or other product not previously approved in writing by Seller; or (f) any defect, nonconformity, or failure arising from or attributable to the design or specifications of the Goods, or to any designs, specifications, materials, or instructions supplied or required by Buyer. In addition, the Limited Warranty does not apply where Buyer fails to comply with the maintenance checklist provided by Seller or Seller instructions regarding required maintenance provided by Seller, as applicable.
EXCEPT FOR THE WARRANTY SET FORTH HEREIN, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in or incorporated into, or attached to, or packaged together with, the Goods. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
During the Warranty Period, Buyer shall notify Seller in writing of any alleged claim under the Limited Warranty within ten (10) days after discovery (but in any event before the expiration of the Warranty Period). As soon as reasonably possible (but in any event before the expiration of the Warranty Period), if requested by Seller, Buyer shall make the relevant Goods available for inspection and testing by Seller. If Seller’s inspection and testing reveals, in Seller’s sole discretion, that such Goods do not conform with the Limited Warranty, Seller shall, at its option, either repair or replace such Goods or credit or refund the purchase price for such Goods. THIS CLAUSE SETS FORTH BUYER’S SOLE AND EXCLUSIVE REMEDY, AND SELLER’S ENTIRE LIABILITY, FOR ANY BREACH OF THE LIMITED WARRANTY. If Buyer fails to notify Seller of a warranty claim during the Warranty Period, then Buyer shall be automatically deemed to have waived such claim in full.