172-65132MA-07 (JX Series) 16 Feb 2022
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WRITING WITHIN THE WARRANTY PERIOD, INCLUDING A DETAILED WRITTEN
DESCRIPTION OF THE CLAIMED DEFECT AND HOW AND WHEN THE CLAIMED
DEFECTIVE PRODUCT WAS USED; AND (b) THE CLAIMED DEFECTIVE PRODUCT AND A
COPY OF THE PURCHASE INVOICE IS RETURNED TO THE SELLER, FREIGHT AND
TRANSPORTATION COSTS PREPAID, UNDER A RETURN MATERIAL AUTHORIZATION AND
TRACKING NUMBER ISSUED BY THE SELLER. 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. THE SELLER 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 THE SELLER
’S
REASONABLE DISCRETION, THAT THE CLAIMED DEFECT IS NOT COVERED BY THIS
WARRANTY, THE PARTY ASSERTING THIS WARRANTY SHALL PAY THE SELLER 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 ITS TLV
GROUP COMPANIES 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 BU
YER’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.
