ZN-241G Technical Reference
2000- 2006 Cirronet
Inc
25
M-2400-0006 Rev A
9. Warranty
Seller warrants solely to Buyer that the goods delivered hereunder shall be free from
defects in materials and workmanship, when given normal, proper and intended
usage, for twelve (12) months from the date of delivery to Buyer. Seller agrees to
repair or replace at its option and without cost to Buyer all defective goods sold
hereunder, provided that Buyer has given Seller written notice of such warranty claim
within such warranty period. All goods returned to Seller for repair or replacement
must be sent freight prepaid to Seller’s plant, provided that Buyer first obtain from
Seller a Return Goods Authorization before any such return. Seller shall have no
obligation to make repairs or replacements which are required by normal wear and
tear, or which result, in whole or in part, from catastrophe, fault or negligence of
Buyer, or from improper or unauthorized use of the goods, or use of the goods in a
manner for which they are not designed, or by causes external to the goods such as,
but not limited to, power failure. No suit or action shall be brought against Seller
more than twelve (12) months after the related cause of action has occurred. Buyer
has not relied and shall not rely on any oral representation regarding the goods sold
hereunder, and any oral representation shall not bind Seller and shall not be a part of
any warranty.
THE PROVISIONS OF THE FOREGOING WARRANTY ARE IN LIEU OF
ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN
OR ORAL (INCLUDING ANY WARRANTY OR MERCHANT ABILITY OR
FITNESS FOR A PARTICULAR PURPOSE). SELLER’S LIABILITY
ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE
GOODS OR THEIR USE OR DISPOSITION, WHETHER BASED UPON
WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED
THE ACTUAL PURCHASE PRICE PAID BY BUYER FOR THE GOODS. IN
NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER
PERSON OR ENTITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,
LOSS OF DATA OR LOSS OF USE DAMAGES ARISING OUT OF THE
MANUFACTURE, SALE OR SUPPLYING OF THE GOODS. THE
FOREGOING WARRANTY EXTENDS TO BUYER ONLY AND SHALL NOT
BE APPLICABLE TO ANY OTHER PERSON OR ENTITY INCLUDING,
WITHOUT LIMITATION, CUSTOMERS OF BUYERS