WARRANTY & RETURNS

Because Seller’s supply chain involves international shipping, the only returns permitted will be for warranty returns as described in Sections 12 and 13, and returns resulting from shipping errors that are determined to be the fault of Seller. In both circumstances, appropriate documentation detailing the warranty defect (as indicated in Sections 12 and 13) or the shipping error must be provided to the Seller in order for a Return Goods Authorization (“RGA”) number to be issued. No Product may be returned directly to Seller without first obtaining an RGA number. Upon issuance of an RGA number, you will be provided instructions for product return. Freight associated with an authorized return will be paid by Seller. Buyer is required to include a copy of the purchase receipt and invoice inside the original carton showing lot numbers to receive replacement product under warranty or credit due to Seller’s shipping error. All returns will be subject to Seller’s count of product returned by Buyer. An unauthorized return, i.e. one for which an RGA number has not been issued, will be returned to Buyer at Buyer’s expense.

Products are warranted against defects in workmanship and materials under normal use and regular service and maintenance for 1 Year from the date of purchase. This limited warranty does not apply to any product that has been subject to misuse, misapplication, neglect (including without limitation, inadequate maintenance), accident, improper installation, modification, adjustment, or repair. THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT TO ITS PRODUCTS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF USE OR REVENUE, COST OF CAPITAL OR LOSS OR DAMAGE TO PROPERTY OR EQUIPMENT. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence, unauthorized modification or alteration, use beyond rated capacity, or improper installation, maintenance or application. No employee, agent, dealer, authorized distributor or other person is authorized to give warranties on behalf of Seller or to assume for Seller any other liability in connection with its products. If within thirty (30) days after your discovery of any warranty defects within the warranty period, you notify Seller thereof in writing, Seller shall, at customer’s option, repair, correct, replace, or refund the purchase price for that portion of the product found by Seller to be defective. Your failure to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of your claim for such defects. Seller’s products repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the original warranty period. At Seller’s request, defective products shall be returned, freight collect, to Seller’s designated repair center. You assume all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of the products, either alone or in combination with other products/components. This limited warranty applies to any entity or person who may buy, acquire or use the products, including any entity or person who obtains the products from you. You agree to provide such subsequent transferee conspicuous, written notice of the provisions of this “Limited Warranty”.