Terms and Conditions of Sale
The warranty obligations of Seller for the products are limited to the terms expressly set forthherein. This limitedwarranty covers only defects in materials and workmanship in the products AS DELIVERED TO YOU. Without limiting the generality of the foregoing, this limited warranty doesnot cover:
(a) any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure toexcess moisture, fire, improper packing and shipping (suchclaims must be presented to the carrier), or other acts of nature;
(b) any damage, deterioration or malfunction resulting from any unauthorized tampering with the product, any repairs attempted by anyone unauthorized by Seller to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of the product; and/or
(c) cartons, equipment enclosures, or accessories used in conjunction with the product.
This limited warranty lasts for ten (10) days from the date of original shipment of the product. Only the original purchaser of the product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of the product.
If Seller determines that any product is defective in materials or workmanship and provided that the complaint of defect is received by Seller with ten (10) days of original shipment of the product, Seller will, at its sole option, provide one (1) of the following two (2) remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
(i) replace the product with a direct replacement or with similar product deemed by Seller to perform substantially the same functionas the original product; or
(ii) issue a credit of the original purchase price of the product.
No materials returned by Buyer without written consent of Seller shall be accepted. No materials shall be deemed defective or not in accordance with order if such materials conform to previously accepted materials.
If the product is returned to Seller, the product must be insured during shipment, with the insurance andshipping charges prepaid by Buyer. If the product is returned uninsured, Buyer assumes all risks of loss or damage during shipment.
Buyer is responsible for determining whether the product is fit for a particular purpose and suitable for the method of use or application to which Buyer intends to use the product. Given the variety of factors that can affect the use and application of the product, some of which are uniquely within Buyer's knowledge and control, it is essential that Buyer evaluate the product to determine whether it is fit for a particular purpose and suitable for the method of use or application.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY AND THE REMEDIES EXPRESSLY SET FORTH ABOVE ARE THE ONLY WARRANTY AND REMEDIES IN RESPECT OF THE PRODUCTS AND ARE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, EXCEPT AS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT, COURSE OF PERFORMANCE AND USAGE OF TRADE.