HN-591
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.
©
2000- 2004 Cirronet
™
Inc
45
M-910-0012
Rev
A
