172-65237A-01 (J10) 11 Mar 2021
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PRODUCT WAS USED; AND (b) THE CLAIMED DEFECTIVE PRODUCT AND A COPY OF THE
PURCHASE INVOICE IS RETURNED TO TLV, FREIGHT AND 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
RESERVE
S 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
