172-65450MA-06 (JH5SL-P/JH5SH-P) 8 Nov 2021
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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 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.
