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11.0 Warranty
Seller warrants solely to Buyer that the goods delivered hereunder shall be free from defects in materials and workman-
ship, 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 im-
proper 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 rep-
resentation 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 EX-
PRESS 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 SUP-
PLYING 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 SPE-
CIAL, 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.
©2012 by Murata Electronics N.A., Inc.
DNT90M Integration Guide (2012/09/17)
Page 74 of 74
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