Warranty Terms

Warranty Period

A. Seller warrants that the product will, for a period of one year from the manufactured date of such products, be free from defects in material and workmanship and will conform to the specifications set forth or incorporated by reference into this agreement, in each case under normal use, conditions and service. Seller agrees to repair or replace without charge for labor or materials, all defective Product which is returned for inspection to said center within the applicable warranty period, provided that buyer obtains a Return Material Authorization (RMA) number before returning any Product under warranty claim and Buyer prepays freight costs, and further that such inspection discloses that the Product has not been altered or repaired other than with written authorization from Seller and by its approved procedures, not been subject to misuse, improper maintenance, negligence, improper handling, inadequate packaging or accident, damaged by excessive current otherwise had its serial number or any part altered, defaced or removed. All defective items or parts replaced hereunder shall become the property of the Seller. SELLER HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED (EXCEPT THOSE EXPRESSLY SET FORTH IN THIS ARTICLE 6) AS TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR 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 6. BUYER HEREBY WAIVES ALL CLAIMS FOR GENERAL, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES AND AGREES THAT SELLER’S LIABILITY, 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. The warranty set forth herein may not be extended, altered, or modified except by written amendment to this Agreement.

B. Seller reserves the right, at its option, to inspect and/or repair Product under warranty claim at Buyer’s plant.