Standard Warranty

Seller warrants to the first purchaser of the Products that such Products will be free from material defects in workmanship and materials under normal use and service for a period of one year from Seller’s delivery hereunder. The warranty period on a repaired unit is 30 days from the date of repair for workmanship, and 12 months from the date of repair for replacement parts. There is NO WARRANTY for any part, product or component installed, serviced, or replaced at any location other than as designated by Seller in writing. There is NO WARRANTY if the Product is opened, altered, or repaired by anyone other than Seller personnel. Product designs do not offer user serviceable parts. There is NO WARRANTY in cases of damage in transit, negligence, abuse, abnormal usage, neglect, alteration, misuse, accidents, normal wear and tear, damage, or deterioration due to environmental or natural elements, failure to follow Seller’s instructions or improper or inadequate installation, storage, repair or maintenance. There is NO WARRANTY for any Engineering Samples, Prototypes, Pre-Production units, etc. (as designated by the use of suffixes ES, PP, etc. with the Part Number). This warranty does not cover parts furnished but not produced or manufactured by Seller, and Seller’s sole obligation with respect to such parts shall be limited to assigning or transferring to Buyer any written warranty extended to Seller by the manufacturer of such parts to the extent such warranty may reasonably be assigned or transferred. However, Seller does not adopt, guarantee, or represent that the manufacturer will comply with any of the terms of the warranty of such manufacturer.

Remedy: Seller’s sole and exclusive obligation under this warranty (and Buyer’s sole and exclusive remedy) shall be, upon prompt written notice by Buyer during the warranty period and immediately upon Buyer’s discovery of any breach, to either, at Seller’s option, repair or replace without charge, F.O.B. Seller’s Facility, any defective Product or part thereof expressly warranted herein by Seller against defects and found by Seller in its sole discretion to be defective and covered by this warranty or, solely at Seller’s option, credit Buyer for the purchase price paid for such Product or part. For customized parts, Seller shall not typically offer credit for the purchase price paid as a warranty remedy. Seller shall be given the right to inspect and test Products claimed to be defective. Seller will provide Buyer with written instructions regarding return of any Products to Seller for inspection and testing or for replacement or repair. Buyer shall not return Products to Seller without Seller’s written authorization and instructions. Repair or replacement of a Product shall not extend the warranty term. Warranty returns must have a prior authorization in the form of an RMA number and are handled on a first received, first served basis. Neither incoming nor outgoing freight is included in warranty coverage or repair prices. Seller does not accept unauthorized debit memos. Debits issued against Seller without authorization or for any Product that is determined by Seller not to be covered by Seller’s limited warranty will be immediately posted to Buyer’s past due balance. Seller’s standard inspection and test charges shall apply to all Products returned and found by Seller to be functioning within the approved specifications for that Product and not in breach of the above limited warranty. Buyer shall promptly pay Seller’s invoice in connection with such charges. SELLER SHALL NOT BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER’S ACTS OR OMISSIONS OR OTHERWISE. This warranty covers only replacement or repair of defective Products or parts thereof at Seller’s main facility and does not include the cost of field service travel and living expenses, labor, inspection, removal or installation of new Products or parts or normal maintenance.

LIMITATION ON DAMAGES: IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER’S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT AND THIS CONTRACT SHALL BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT.

Any assistance Seller provides to or procures for Buyer outside the terms, limitations or exclusions of this warranty will not constitute a waiver of the terms, limitations or exclusions of this limited warranty, nor will such assistance extend or revive the warranty.

Seller will not reimburse Buyer for any expenses incurred by Buyer in repairing, correcting or replacing any defective Products, except for those incurred with Seller’s prior written permission.