Maintenance
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be extended. All repairs or replacements performed by Seller pursuant to these
Warranty Provisions shall be performed at one of the Seller’s facility in
Allentown, Pennsylvania, U.S.A. or at the facility of an authorized representative
of Seller, which location shall be determined by Seller in its sole discretion;
provided, however, that Seller may, in its sole discretion perform such repairs or
replacements at Buyer’s facility in which case Buyer shall pay Seller’s travel,
living and related expenses incurred by Seller in performing the repairs or
replacements at Buyer’s facility. As a condition precedent to Seller’s obligation
to repair or replace a product part under the Initial Warranty, Buyer shall
(i)promptly notify Seller in writing of any such defect; (ii) shall have returned the
product’s record of purchase to Seller or to Seller’s authorized representatives
within thirty (30) days of the date the product is shipped by the seller; and (iii)
assist Seller in all respects in its attempts to determine the legitimacy and basis
of any claims made by or on behalf of Buyer including but not limited to
providing Seller with access to the product to check operating conditions. If
Buyer does not provide such written notice to Seller within the Initial Warranty
period or fails to return the product’s record of purchase as set forth above,
Seller shall have no further liability or obligation to Buyer therefor. In no event
shall Seller’s liability under the Initial Warranty exceed the original purchase
price of the product which is the subject of the alleged defect.
THE REMEDIES PROVIDED IN THE INITIAL WARRANTY ARE THE SOLE AND
EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND EVEN IF THE SOLE
AND EXCLUSIVE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE FOR ANY
REASON WHATSOEVER, IN NO EVENT SHALL SELLER BE LIABLE FOR BUYER’S
MANUFACTURING COSTS, LOST PROFITS, GOODWILL, OR ANY OTHER SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO BUYER
OR ANY THIRD PARTY AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED.
Assignment
Buyer shall not assign any of its rights or obligations hereunder without the
prior written approval of Seller; provided, however, that if Buyer is a distributor
of Seller, the rights and obligations of Buyer under these Warranty Provisions
shall inure to the benefit of and be binding upon Buyer’s customers who provide
the product’s proof of purchase to Seller pursuant to the terms set forth herein.
Seller may assign any or all of its rights or obligations hereunder without Buyer’s
prior consent.
Governing Law
The Warranty Provisions and all questions relating to their validity,
interpretation, performance, and enforcement shall be construed in accordance
with, and shall be governed by, the substantive laws of the Commonwealth of
Pennsylvania without regard to its principles of conflicts of law.
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