Limited Warranty
RAD warrants to DISTRIBUTOR that the hardware in the MBE Family (LAN RANger Series) to be delivered hereunder shall be free of defects in material and workmanship under normal use and service for a period of twelve (12) months following the date of shipment to DISTRIBUTOR.
If, during the warranty period, any component part of the equipment becomes defective by reason of material or workmanship, and DISTRIBUTOR immediately notifies RAD of such defect, RAD shall have the option to choose the appropriate corrective action: a) supply a replacement part, or b) request return of equipment to its plant for repair, or c) perform necessary repair at the equipment's location. In the event that RAD requests the return of equipment, each party shall pay
RAD shall be released from all obligations under its warranty in the event that the equipment has been subjected to misuse, neglect, accident or improper installation, or if repairs or modifications were made by persons other than RAD's own authorized service personnel, unless such repairs by others were made with the written consent of RAD.
The above warranty is in lieu of all other warranties, expressed or implied. There are no warranties which extend beyond the face hereof, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and in no event shall RAD be liable for consequential damages.
RAD shall not be liable to any person for any special or indirect damages, including, but not limited to, lost profits from any cause whatsoever arising from or in any way connected with the manufacture, sale, handling, repair, maintenance or use of the MBE Family (LAN RANger Series), and in no event shall RAD's liability exceed the purchase price of the MBE Family (LAN RANger Series).
DISTRIBUTOR shall be responsible to its customers for any and all warranties which it makes relating to MBE Family (LAN RANger Series) and for ensuring that replacements and other adjustments required in connection with the said warranties are satisfactory.
Software components in the MBE Family (LAN RANger Series) are provided "as is" and without warranty of any kind. RAD disclaims all warranties including the implied warranties of merchantability and fitness for a particular purpose. RAD shall not be liable for any loss of use, interruption of business or indirect, special, incidental or consequential damages of any kind. In spite of the above RAD shall do its best to provide
RAD's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement and the MBE Family (LAN RANger Series) shall not exceed the sum paid to RAD for the purchase of the MBE Family (LAN RANger Series). In no event shall RAD be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if RAD has been advised of the possibility of such damages.
This Agreement shall be construed and governed in accordance with the laws of the State of Israel.
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