Seller warrants its products to be free from defects in material and workmanship under normal use, care, and maintenance for a period of one (1) year from the date of shipment.
A. Warranty and Exclusions. Seller warrants to Buyer that all Goods furnished by Seller pursuant to Buyer’s purchase orders: (i) at the time of shipment shall be compliant with Seller’s specifications or designs in effect at the time of manufacture, and (ii) for a period of twelve (12) months from the date of shipment under normal handling, storage and use, shall be free from defects in design, materials and workmanship. Excluded from Seller’s warranty are prototype or similar Goods and Goods that have been: (i) subject to abuse, misuse, neglect, accident, improper installation, or a use
contrary to Seller’s written instructions, (ii) altered or repaired by a person other than one expressly authorized by Seller in writing, or (iii) obtained from a non-Seller authorized source. For the avoidance of doubt, Goods that are not manufactured by or for Seller (e.g.: Counterfeit Goods) are excluded from Seller’s warranty. Goods expressly warranted by Seller and reasonably determined by Seller not to conform to the warranty provisions of this Subsection A are referred to as Non-Conforming Goods.
B. Claim Procedure. Buyer shall notify Seller reasonably promptly after discovery of any Non-Conforming Goods. Buyer shall not return any Goods to Seller without the prior written authorization of Seller. Upon receipt of Seller’s authorization and written instructions, Buyer shall return the Goods to Seller in accordance with such written instructions. Seller shall examine the Goods returned by Buyer. If Seller reasonably verifies that the returned Goods are Non-Conforming Goods, Seller shall provide Buyer with one (1) of the remedies set forth in Subsection C below.
C. Remedies. Seller, at its option, shall repair or replace, or refund the purchase price of, Non-Conforming Goods, or, if mutually agreed by Seller and Buyer, the purchase price of the Non-Conforming Goods shall be reduced by a mutually agreed amount. Seller’s obligations and Buyer’s remedies with respect to Non-Conforming Goods are solely as set forth in this Subsection C.
D. Limitations. Seller’s express warranty set forth in Subsection A is the only warranty with respect to Goods furnished pursuant to Buyer’s purchase order(s). SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN OR STATUTORY, OR EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS. Seller’s total liability for Non-Conforming Goods shall not exceed the cost of the remedy selected by Seller at its option pursuant to Subsection C above.