Appendix B
Warranty
LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
Ophir warrants that the Goods sold hereunder
shall be free from material defects in workmanship or materials and conform in all material respects to Ophir
specifications, which are available upon request, or Purchaser’s supplied and accepted specifications, for the
following Warranty Period: Two (2) years from the original date of shipment from Ophir for Laser Beam
Diagnostic products; and one (1) year from the original date of shipment from Ophir with respect to laser
power meters, laser energy meters, laser measurement tools and spectral analysis instruments. This warranty
does not cover: (i) Purchaser-furnished materials; and (ii) damage to sensor.
All warranty claims must be submitted in writing to Ophir within the applicable warranty period and all
nonconforming Goods must be returned to Ophir, at purchaser’s cost and expense, before Ophir replaces the
same or refunds the purchase price to the Purchaser as set forth below. No Goods shall be returned to Ophir
without obtaining a Return Material Authorization (RMA) number first which must be clearly marked on the
outside of the shipping container. The warranty for products repaired after the expiration date of the new
products warranty, as stated above, is limited to the repaired portion and is valid for ninety (90) days from the
date of reshipment.
Ophir’s liability for breach of warranty shall be limited to, in Ophir’s sole discretion, (i) repairing or replacing
Goods that Ophir determines do not conform to the foregoing warranty, or (ii) refunding the sales price
received by Ophir in respect of the non-conforming Goods. This remedy shall be the Purchaser’s sole and
exclusive remedy for any defect or nonconformity in the Goods. This warranty extends only to the immediate
purchaser from Ophir and does not extend, expressly or impliedly, to any other party.
In no event shall Ophir incur any obligation to repair or replace Goods which are determined by Ophir, at its
sole discretion, to be defective due to (i) installation, maintenance, operation, modification, alteration,
accident, neglect or use in any way other than in strict compliance with Ophir’s published specifications for the
Goods, (ii) the failure to maintain appropriate environmental conditions, as communicated by Seller, (iii) as the
result of the use of unauthorized parts or repairs, or unauthorized modifications, (iv) any repair work on the
product that is performed by the Purchaser or any third party on behalf of the Purchaser (other than Ophir), or
(v) modification or alteration of the Goods such that Ophir is unable to verify the defect with its standard test
equipment.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED HEREIN, THE GOODS ARE SUPPLIED ON
AN “AS IS” BASIS AND PURCHASER’S USE OF THE GOODS IS AT PURCHASER’S RISK. OPHIR
DOES NOT MAKE AND HEREBY DISCLAIMS ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES
WITH RESPECT TO THE GOODS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF
NONINFRINGEMENT AND TITLE.
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