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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.
