Appendix
27
8.6
Warranty
HIPOTRONICS, INC. warrants to the original purchaser of any new merchandise that the merchandise is free from defects in materials
and workmanship under normal use and service for a period of one (1) year from the date of shipment. The obligation of Hipotronics,
Inc. under this warranty is limited, in its exclusive option, to repair, replace or issue credit for parts or materials which prove to be
defective, and is subject to Purchaser's compliance with the Hipotronics, Inc. Warranty Claim Procedure as set forth below. The
happening of any one or more of the following events will serve to void this warranty and any defect or damage resulting therefrom is
specifically excluded from Warranty coverage:
(a)
defects due to accident, negligence, alteration, modification, faulty installation, abuse or misuse by Purchaser or Purchaser
’s agents or
employees.
(b)
attempted or actual dismantling, disassembling, service or repair by any person, firm or corporation not specifically authorized in writing
by Hipotronics, Inc.
(c)
defects caused by or due to handling by carrier or incurred during shipment, transshipment or other move.
This Warranty covers only those parts and/or materials deemed by Hipotronics, Inc. to be defective within the meaning of this Warranty.
The liability of Hipotronics, Inc. shall be limited to the repair, replacement or issuance of credit for parts deemed defective within the
meaning of this Warranty. Costs incurred by purchaser for labor or other expenses incidental to the inspection, repair, replacement or
issuance of credit for such parts and/or materials shall be the sole responsibility of purchaser. This Warranty shall not apply to any
accessories, parts or materials not manufactured or supplied by Hipotronics, Inc. and if, in the sole discretion of Hipotronics, Inc.,
Purchaser's claim relates to any materials of a component part, or of the manufacturer of a device of which the defective part is a
component, Hipotronics, Inc. reserves the right to disclaim liability under this Warranty and to direct that the Purchaser deal directly with
such supplier or manufacturer. Hipotronics, Inc. agrees to assist the purchaser in processing or settling any such claim without
prejudicing its position as to liability purchaser in processing or settling any such claim without prejudicing its position as to liability.
Warranty Claim Procedure
Compliance with the following Warranty Claim Procedure is a condition precedent to the obligation of Hipotronics, Inc. under this
Warranty.
(a)
Purchaser must notify Hipotronics, Inc. in writing by certified or registered mail, of the defect claimed within twelve (12) months after the
date of original shipment. Said notice shall describe in detail the defect, the defective part and the alleged cause of the defect.
(b)
At the exclusive option of Hipotronics, Inc., Purchaser shall dismantle or disassemble at Purchaser's cost and expense and shall ship
the defective part or material, prepaid, to Hipotronics, Inc., Brewster, New York 10509, for inspection, or permit an authorized service
representative of Hipotronics, Inc. to inspect the defective part or material at the Purchaser's premises. Purchaser shall provide facilities
for, and at Purchaser's cost and expense, dismantle, disassemble, or otherwise make accessible the subject part or material whether or
not same is a component of, or installed in, a device other than that manufactured or supplied by Hipotronics, Inc. If disclosure shows
that the defect is not one for which Hipotronics, Inc. is liable, the Purchaser agrees to reimburse Hipotronics, Inc. for all expense
incurred.
(c)
Upon receipt of the defective part or material, or after access to same, Hipotronics, Inc. shall inspect the part or material to determine the
validity of Purchaser's claim.
The validity of any Warranty Claim, Purchaser's compliance with Hipotronics, Inc. Warranty Claim Procedure, the obligation to either
repair, replace or issue credit, or direct the purchaser to deal directly with a manufacturer or supplier are to be determined solely and
exclusively by Hipotronics, Inc. any determination so made shall be final and binding.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED ON THE PART OF
HIPOTRONICS, INC., INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND CONSEQUENTIAL
DAMAGES ARISING FROM ANY BREACH THEREOF AND HIPOTRONICS, INC. NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON, FIRM OR CORPORATION TO ASSUME ANY LIABILITY OR OBLIGATION IN CONNECTION WITH THIS SALE ON ITS
BEHALF AND PURCHASER ACKNOWLEDGES THAT NO REPRESENTATIONS EXCEPT THOSE MADE HEREIN HAVE BEEN MADE
TO PURCHASER.
