CLAIMED TO BE DEFECTIVE BEFORE ISSUING A RETURN MATERIAL AUTHORIZATION.
SHOULD SUCH INSPECTION REVEAL, IN TLV’S REASONABLE DISCRETION, THAT THE
CLAIMED DEFECT IS NOT COVERED BY THIS WARRANTY, THE PARTY ASSERTING THIS
WARRANTY SHALL PAY TLV 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 TLVJ 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.
13901 South Lakes Drive, Charlotte, NC 28273-6790,
U.S.A.
Tel: [1]-704-597-9070 Fax: [1]-704-583-1610
Printed on recycled paper.
Rev. 7/2019 (M)
PAC-65337-a
