172-65272M-04 (MBS33M) 12 Oct 2021
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.
