172-65174MA-11 (COSR Pressure Reducing Valve) 16 Feb 2022
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THE SELLER IN WRITING WITHIN THE WARRANTY PERIOD, INCLUDING A DETAILED
WRITTEN 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.
