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TRANSPORTATION COSTS PREPAID, UNDER A RETURN MATERIAL AUTHORIZATION
AND TRACKING NUMBER ISSUED BY TLV. ALL LABOR COSTS, SHIPPING COSTS, AND
TRANSPORTATION COSTS ASSOCIATED WITH THE RETURN OR REPLACEMENT OF
THE CLAIMED DEFECTIVE PRODUCT ARE SOLELY THE RESPONSIBILITY OF BUYER OR
THE FIRST END USER. TLV RESERVES THE RIGHT TO INSPECT ON THE FIRST END
USER’S SITE ANY PRODUCTS CLAIMED TO BE DEFECTIVE BEFORE ISSUING A RETURN
MATERIAL AUTHORIZATION. SHOULD SUCH INSPECTION REVEAL, IN
TLV’S
REASONABLE DISCRETION, THAT THE CLAIMED DEFECT IS NOT COVERED BY THIS
WARRANTY, THE PARTY ASSERTING THIS WARRANTY SHALL PAY TLV FOR THE TIME
AND EXPENSES RELATED TO SUCH ON-SITE INSPECTION.
Exclusion Of Consequential And Incidental Damages
IT IS SPECIFICALLY ACKNOWLEDGED THAT THIS WARRANTY, ANY OTHER EXPRESS
WARRANTY NOT NEGATED HEREBY, AND ANY IMPLIED WARRANTY NOT NEGATED
HEREBY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, DO NOT COVER, AND NEITHER TLV, TII NOR TLVJ WILL
IN ANY EVENT BE LIABLE FOR, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO LOST PROFITS, THE COST OF DISASSEMBLY AND
SHIPMENT OF THE DEFECTIVE PRODUCT, INJURY TO OTHER PROPERTY, DAMAGE TO
BUYER’S OR THE FIRST END USER’S PRODUCT, DAMAGE TO BUYER’S OR THE FIRST
END USER
’S PROCESSES, LOSS OF USE, OR OTHER COMMERCIAL LOSSES. WHERE,
DUE TO OPERATION OF LAW, CONSEQUENTIAL AND INCIDENTAL DAMAGES UNDER
THIS WARRANTY, UNDER ANY OTHER EXPRESS WARRANTY NOT NEGATED HEREBY
OR UNDER ANY IMPLIED WARRANTY NOT NEGATED HEREBY (INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE) CANNOT BE EXCLUDED, SUCH DAMAGES ARE EXPRESSLY LIMITED IN
AMOUNT TO THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. THIS EXCLUSION
OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, AND THE PROVISION OF THIS
WARRANTY LIMITING REMEDIES HEREUNDER TO REPLACEMENT, ARE INDEPENDENT
PROVISIONS, AND ANY DETERMINATION THAT THE LIMITATION OF REMEDIES FAILS
OF ITS ESSENTIAL PURPOSE OR ANY OTHER DETERMINATION THAT EITHER OF THE
ABOVE REMEDIES IS UNENFORCEABLE, SHALL NOT BE CONSTRUED TO MAKE THE
OTHER PROVISIONS UNENFORCEABLE.
Exclusion Of Other Warranties
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND
ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED.
Severability
Any provision of this warranty which is invalid, prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity,
prohibition or unenforceability without invalidating the remaining provisions hereof,
and any such invalidity, prohibition or unenforceability in any such jurisdiction shall not
invalidate or render unenforceable such provision in any other jurisdiction.
13901 South Lakes Drive, Charlotte, NC 28273-6790, U.S.A.
Tel: [1]-704-597-9070
Fax: [1]-704-583-1610
