9.  Limited Warranty

9.1 Warranty

Manufacturer warrants that the products delivered hereunder shall be free from defects in material and workmanship for a period of 90 days after the date of delivery. The foregoing warranty shall not be valid if the Product or component parts have been subjected to abuse, misuse, accident, alteration, neglect, unauthorized repair or installation. Manufacturer shall make final determination as to the existence or cause of any alleged defect. The foregoing warranty is also contingent upon the proper use of the product and expires immediately upon the modification, or enhancement of the product including any of the hardware, software, subsystems or components by anyone without the express written consent of the Manufacturer.

9.2 Notice and Return

Upon discovery of any defect in material or workmanship, Customer shall notify Manufacturer within 10 days of Purchaser's discovery of such defect and the defective Product shall be returned to Manufacturer no more than 10 days after the expiration of the Warranty Period.

9.3 Repair or Replacement

Manufacturer shall include serial number and or date stamps as designated by Purchaser on each Product to facilitate warranty tracking. Purchaser shall forward defective Product to Manufacturer freight prepaid, and Manufacturer will use its best efforts to return the repaired or replaced Product freight prepaid by Manufacturer to Purchaser within 10 days from the date Manufacturer receives the defective Product.

9.4 Manufacturer Inspection and Testing

Manufacturer shall make final determination as to the existence or cause of any alleged defect.

9.5 Limitation of Liability

THE ABOVE LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY MANUFACTURER. MANUFACTURER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE REMEDY SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS. MANUFACTURER SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES SUFFERED BY PURCHASER OR ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURIES OR LOSS OF PROFITS, OR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF MANUFACTURER HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

 

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