For a period of one (1) year from the date of shipment, Seller warrants to Buyer that products delivered hereunder shall comply with the applicable Seller’s Data Sheet or the mutually agreed upon specifications and shall be free from defects in material and workmanship under normal use and service. All other products, including but not limited to products which are “loaners”, “products shipped on consignment”, and/or “prototypes” are sold “AS IS”, “WITH ALL FAULTS”, and with no warranty whatsoever.
If, during the applicable warranty period, (i)Seller is notified promptly in writing upon discovery of any defect in the products, including a detailed description of such defect; (ii) such products are returned to Seller and Buyer prepays freight cost, accompanied by Seller’s Returned Material Authorization form; and (iii) Seller’s examination of such products discloses to Seller’s satisfaction that such products are defective and such defects are not caused by accident, abuse, alteration, misuse, neglect, improper installation, repair, improper testing, improper maintenance, negligence, improper handling, inadequate packaging, damage by excessive voltage or current or otherwise had its serial number or any other part altered, defaced, or removed or use contrary to any instructions, issued by Seller, Seller shall, at its sole option, either repair or replace such products. No products may be returned to Seller without Seller’s Returned Material Authorization form. All defective items replaced hereunder shall become the property of the Seller. Any modifications, changes, or alterations to the products by the Distributor or end customer, voids the warranty. The warranty set forth herein cannot be extended, altered, or modified except by written amendment to this Agreement. Seller reserves the right at Seller's option to inspect and/or repair product under warranty claim at Buyer or distributor’s location of business.
SELLER HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED (EXCEPT THOSE EXPRESSLY SET FORTH IN THIS ARTICLE 7 AS TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. SELLER WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS COST, OR EXPENSE OR BREACH OF WARRANTY EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH IN THIS ARTICLE 7.
BUYER HEREBY WAIVES ALL CLAIMS FOR GENERAL, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES AND AGREES THAT SELLER’S LIABILITY TO BUYER AND BUYER’S EXCLUSIVE REMEDY ARE EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT OF MATERIALS PURSUANT TO THE WARRANTY SET FORTH HEREIN AND SUCH LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE FOR SUCH PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR TRANSPORTATION, LABOR, OR OTHER CHARGES FOR ADJUSTMENTS, REPAIRS, REPLACEMENT OF PARTS, INSTALLATION, OR OTHER WORK WHICH MAY BE DONE UPON OR IN CONNECTION WITH SUCH PRODUCTS BY BUYER OR OTHERS.