16. WARRANTY
Arizona Instrument LLC (seller) warrants to buyer that Jerome products delivered pursuant to this agreement shall, at the time of delivery, and for a period of one (1) year. Thereafter (the Internal Battery Pack, where applicable, is warranted for a period of ninety [90] days only), to be free from defects in material or workmanship and shall conform to seller's specifications or such other specifications as seller has agreed to in writing. Seller's obligations with respect to claims under this warranty shall be limited, at seller's option, either to the replacement of defective or non- conforming product or to an appropriate credit for the purchase price thereof subject to the provisions of seller's Warranty Policy as amended from time to time, said Policy being incorporated herein by reference.
Returned products under warranty claims will be shipped to seller’s plant by buyer at buyer's expense and shall be accompanied by a statement of the reason for the return and an approved Return Material Authorization Number issued by seller. Buyer remains responsible for payment for products not accepted for warranty adjustment, handling costs, and freight costs associated therewith.
Notwithstanding the foregoing, no warranty shall be enforceable in the event that product has been subjected to environmental or stress testing by buyer or any third party without written approval of seller prior to such testing. Further, no warranty shall be enforceable if the alleged defect is found to have occurred because of misuse, neglect, improper installation, repair, alteration, accident, or improper return handling procedure by buyer.
Discontinued product is warranted only for a credit or replacement at seller's option.
THE EXPRESS WARRANTIES GRANTED ABOVE SHALL EXTEND DIRECTLY TO BUYER AND NOT TO BUYER'S CUSTOMERS, AGENTS, OR REPRESENTATIVES AND, EXCEPT FOR WARRANTY OF TITLE, IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, SUCH OTHER WARRANTIES BEING SPECIFICALLY DISCLAIMED BY SELLER. IN NO EVENT SHALL EITHER PARTY'S LIABILITY FOR ANY BREACH OR ALLEGED BREACH OF THIS AGREEMENT EXCEED THE TOTAL EXTENDED PRICE OR PRICES SHOWN ON UNFILLED ORDERS, NOR SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OR ALLEGED BREACH.
Notwithstanding the foregoing, if any product covered by order(s) placed hereunder is designated as “developmental,” “prototype” or “experimental,” no warranty whatsoever except a warranty of title to component materials, will be applicable thereto and buyer shall indemnify seller for any claims for liability asserted seller in connection therewith.
The foregoing state the entire liability of seller in connection with products supplied hereunder.
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