172-65142M-04 (TC8) 11 Oct 2021
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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.