172-65143M-04 (BB1N·BBF1N) 7 Oct 2021
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DESCRIPTION OF THE CLAIMED DEFECT AND HOW AND WHEN THE CLAIMED DEFECTIVE
PRODUCT WAS USED; AND (b) THE CLAIMED DEFECTIVE PRODUCT AND A COPY OF THE
PURCHASE 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.
