LIMITED WARRANTY
1. Unless otherwise specifically agreed by Seller
and Purchaser in writing, ADVANTEST will warrant to
the
Purchaser that during the Warranty Period this Product
(other than consumables included in the Product) will
be
free from defects in material and workmanship and shall conform to the specifications set forth in this
Operation Manual.
2. The warranty period for the Product (the "Warranty Period") will be a period of one year commencing on the
delivery date of the Product.
3. I f the Product is found to be defective during the Warranty Period, ADVANTEST will, at its option and in its
sole and absolute discretion, either (a) repair the defective Product or part or component thereof or (b) replace
the defective Product or part or component thereof, in either case at ADVANTEST's sole cost and expense.
4. This limited warranty will not apply to defects or damage to the Product or any part or component thereof
resulting from any of the following:
(a) any modifications, maintenance or repairs other than modifications, maintenance or repairs (i) performed
by
ADVANTEST or (ii) specifically recommended or authorized by ADVANTEST and performed in
accordance with ADVANTEST's instructions;
(b) any improper or inadequate handling, carriage or
storage of the Product by
the Purchaser or any third
party (other than ADVANTEST or its agents);
(c) use of the Product under operating conditions or environments different than those specified in the
Operation Manual or recommended by ADVANTEST, including, without limitation, (i) instances where
the Product has been subjected to physical stress or electrical voltage exceeding the permissible range and
(ii) instances where the corrosion of electrical circuits or other deterioration was accelerated by exposure
to corrosive gases or dusty environments;
(d) use of the Product in connection with software, interfaces, products or parts other than software,
interfaces, products or parts supplied or recommended by ADVANTEST;
(e) the occurrence of an event of force majeure, including, without limitation, fire, explosion, geological
change, storm, flood, earthquake, tidal wave, lightning or act of war; or
(f) any negligent act or omission of the Purchaser or any third party other than ADVANTEST.
5. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN, ADVANTEST HEREBY EXPRESSLY
DISCLAIMS, AND THF. PURCHASER HEREBY WAIVES, ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, (A) ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND (B) ANY
WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE, EFFECTIVENESS OR
USEFULNESS OF ANY TECHNOLOGY OR ANY INVENTION.
6. THE REMEDY SFT FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF
THE PURCHASER FOR BREACH OF WARRANTY WITH RESPECT TO THE PRODUCT.
7. ADVANTEST WILL NOT HAVE ANY LIABILITY TO THE PURCHASER FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS OR REVENUES, IN ANY AND
ALL CIRCUMSTANCES, EVEN IF ADVANTEST HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND WHETHER ARISING O U T OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING, WITHOUT L I M I TAT I O N , NEGLIGENCE), STRICT
LIABILITY, INDEMNITY, CONTRIBUTION OR OTHERWISE.
