REPORTED TO 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.
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