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TM951334-5
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 GIGA-TMS DISCLAIMS ANY IMPLIED WARRANTY,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
GIGA-TMS SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO
PERSONS OR PROPERTY. GIGA-TMS FURTHER LIMITS ITS LIABILITY OF ANY KIND WITH RESPECT TO THE
PRODUCT, INCLUDING ANY NEGLIGENCE ON ITS PART, TO THE CONTRACT PRICE FOR THE GOODS.
GIGA-TMS’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE STATED IN THIS SECTION AND IN THE
SECTION RELATING TO GIGA-TMS’S LIMITED WARRANTY.
