20 of 44
Limited Warranty
Express Warranty:
ENCISION hereby warrants to Buyer that products purchased
hereunder shall be free from defects in material and workmanship under normal
use and service, as specifi ed in ENCISION’s Instructions for Use provided with
product, or until the labeled use by date.
Disclaimer:
The express warranties set forth in this agreement are in lieu of,
and buyer hereby expressly waives, all other guarantees and warranties of
any kind, whether express, implied or statutory including, without limitation,
merchantability, fi tness for particular purpose, non-infringement or by sample, and
all such other warranties are hereby disclaimed and excluded by ENCISION. The
sole and exclusive remedy for breach of ENCISION’s warranty of the products shall
be as stated herein.
Exclusions:
The express warranty set forth above specifi cally excludes and does
not apply to defects (i) caused through no fault of ENCISION during shipment to
or from Buyer, (ii) caused by modifi cations or alterations made to the products
by Buyer or any third party (iii) caused by unauthorized repair or maintenance
performed on the products by Buyer or any third party, (iv) caused by the failure of
Buyer to comply with any of the return procedures specifi ed below, or (v) damaged
by excessive current, temperature, physical stress or other deviation from the
applicable environmental specifi cations.
Limitation of Remedies:
ENCISION’s sole obligation and Buyer’s exclusive remedy
for any breach of warranty is limited to the repair or replacement, at Encision’s
option, of any warranted product that is returned to ENCISION in its standard
shipping container or properly packed in accordance with ENCISION’s packing
procedures, freight prepaid, where ENCISION’s examination shows the product
to have failed under normal use. If ENCISION’s examination discloses that the
returned product is not defective within the terms of this warranty, Buyer shall
be subject to a $200.00 charge per individual product for testing expenses
incurred by ENCISION and the product will be returned to Buyer, freight collect.
Such repair or replacement and reshipment at ENCISION’s expense will be
Buyer’s sole and exclusive remedy for such defect. ENCISION will pay shipping
charges for the repaired or replaced from ENCISION’s factory to Buyer’s location.
If, notwithstanding the foregoing, Buyer ships any product to ENCISION’s factory
freight collect, then ENCISION shall ship the repaired or replaced product freight
collect.
Warranty Procedures:
Buyer shall request authorization from ENCISION prior to
the return of each defective product for repair or replacement by ENCISION. Upon
such request, ENCISION shall provide the address of the facility to which such
product must be returned, together with Return Material Authorization (RMA)
tracer number. ENCISION may, at its sole option, employ new or used parts for
products to make such repair or replacement.
Stored Data:
ENCISION shall not be liable for any loss or damage to any data
stored in any product, including, without limitation, any data loss or damage
resulting from any malfunction or defect or any loss or damage resulting from
any inspection, repair, refurbishment, reconditioning or testing of the product
or incurred in connection with transportation of the product to ENCISION or
ENCISION’s authorized repair center.
