172-65627M-09 (SQ10) 18 Oct 2021
72
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.
