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LIMITED WARRANTY
Giga-Tms warrants that the products sold pursuant to this Agreement will perform in accordance
with Giga-Tms’s published specifications. This warranty shall be provided only for a period of one
year from the date of the shipment of the product from Giga-Tms (the “Warranty Period”). This
warranty shall apply only to the “Buyer” (the original purchaser, unless that entity resells the
product as authorized by Giga-Tms, in which event this warranty shall apply only to the first
re-purchaser).
During the Warranty Period, should this product fail to conform to Giga-Tms’s specifications,
Giga-Tms will, at its option, repair or replace this product at no additional charge except as set forth
below. Repair parts and replacement products will be furnished on an exchange basis and will be
either reconditioned or new. All replaced parts and products become the property of Giga-Tms. This
limited warranty does not include service to repair damage to the product resulting from accident,
disaster, unreasonable use, misuse, abuse, negligence, or modification of the product not authorized
by Giga-Tms. Giga-Tms reserves the right to examine the alleged defective goods to determine
whether the warranty is applicable.
Without limiting the generality of the foregoing, Giga-Tms specifically disclaims any liability or
warranty for goods resold in other than Giga-Tms’s original packages, and for goods modified,
altered, or treated without authorization by Giga-Tms.
Service may be obtained by delivering the product during the warranty period to Giga-Tms (8F No.
31 Lane 169, Kang Ning Street, Hsi Chih Dist New Taipei City, Taiwan). If this product is
delivered by mail or by an equivalent shipping carrier, the customer agrees to insure the product or
assume the risk of loss or damage in transit, to prepay shipping charges to the warranty service
location, and to use the original shipping container or equivalent. Giga-Tms will return the product,
prepaid, via a three (3) day shipping service. A Return Material Authorization (“RMA”) number
must accompany all returns. Buyers may obtain an RMA number by contacting with
[email protected]
EACH BUYER UNDERSTANDS THAT THIS GIGA-TMS PRODUCT IS OFFERED AS IS.
GIGA-TMS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND
GIGA-TMS DISCLAIMS ANY WARRANTY OF ANY OTHER KIND, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF THIS PRODUCT DOES NOT CONFORM TO GIGA-TMS’S SPECIFICATIONS, THE SOLE
REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. GIGA-TMS’S
LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO
GIGA-TMS UNDER THIS AGREEMENT. IN NO EVENT WILL GIGA-TMS BE LIABLE TO
THE BUYER FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF, OR INABILITY TO USE, SUCH PRODUCT, EVEN IF GIGA-TMS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO GIGA-TMS’S LIMITED
WARRANTY, GIGA-TMS’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE
CONTRACT PRICE OF THIS PRODUCT.
GIGA-TMS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT,
EXPRESSED OR IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT, AND
