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Warranty and Returns1. Warranty. (a) For a period of one (1) year, Seller warrants that all Goods manufactured by Seller meet Purchaser's specifications and are free from defects in materials and workmanship. This warranty does not cover any combination or assembly of the Goods or any defects, damage or malfunctions resulting from (i) use of the Goods in other than their normal and customary use; (ii) misuse, accident, neglect, improper storage or environment; (iii) unauthorized alterations or repairs, use of unapproved products with or parts in the Goods or servicing of the Goods by unauthorised personnel; (iv) an event of "Force Majeure". For the purpose of these Terms and Conditions, "Force Majeure" shall mean acts which are beyond Seller's control or occur without fault or negligence of Seller. (b) THE WARRANTY MADE IN PARAGRAPH (a) ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTIBILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. (c) SELLER'S EXCLUSIVE OBLIGATION IN THE EVENT OF BREACH OF THE WARRANTY PROVIDED HEREIN IS TO, AT SELLER'S SOLE OPTION, REPAIR OR REPLACE THE DEFECTIVE GOODS OR TO REFUND TO PURCHASER THE PURCHASE PRICE PAID FOR THE DEFECTIVE GOODS. (d) The warranty provided herein is effective conditional upon Purchaser giving Seller immediate notice of any defect and prompt access to the allegedly defective Goods and Purchaser's relevant records and data, and Seller determining from its inspection that Purchaser's claim is valid under the terms of the warranty provided herein. (e) Seller will not accept any returns of allegedly defective Goods unless accompanied by Seller's Return Material Authorization (RMA), and Purchaser shall not be entitled to reimbursement for any labor or freight charges incurred thereby in connection with repair or replacement of any allegedly defective Goods unless such charges are approved by Seller in advance. 2. Returns and Restocking. All returns must be accompanied by Seller's RMA. Unauthorized returns will not be accepted. Requests to return Goods must be directed to Seller within fifteen (15) days of receipt of shipment. Any items returned are subject to a restocking charge. 3. Limitation of Liability. Claims arising from or in connection with the purchase and sale of Goods are covered exclusively by these Terms and Conditions. Claims not expressly mentioned for damages, including but not limited to, loss of production, loss of use, loss of orders, loss of revenue or profit, and other direct or indirect or consequential damages, are excluded. Purchaser's sole remedy for breach shall be compensation for costs of repairing or replacing defective Goods, and Seller's liability for any Goods sold shall in no event exceed its contract price. |
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