1.5. Safety Precautions and Limited Warranty Information:
Fujitsu’s Products are not designed for use in medical or life support appliances, devices, or systems where malfunction of a Product can reasonably be expected to result in a personal injury. The Product is designed, developed and manufactured as contemplated for general use, including, general office use, personal use, household use, and ordinary industrial use, but is not for use for high risks or dangers that could reasonably be expected to result in personal injury, or other loss including without limitation, nuclear application, aircraft flight control, air traffic control, mass transport control, medical life support system, or missile launch control in weapon system (“High Safety Required Use”). You should not use this Product without securing sufficient safety required for such High Safety Required Use. Purchaser and its customers using or selling Products for use in such applications do so at their own risk and agree to fully indemnify Fujitsu for any damages resulting in such improper use or sale.
Fujitsu Component Limited or its affiliates (“Fujitsu”) warrants all Product against defects in materials and workmanship for a limited period not to exceed three (3) year from the date of delivery to Fujitsu authorized distributor or authorized system integrator (“Authorized Company”). Check with Fujitsu for such Authorized Company. Fujitsu’s liability under this warranty is limited, at Fujitsu’s sole discretion, to repairing, or replacing any component with new or like new components or parts, or replacing with a refurbished or alternative product, or issuing credit for the purchase price, if paid, for such Product that was defective at the time delivered to Purchaser, provided that Fujitsu will not be liable under this warranty unless: (i) Fujitsu is promptly notified in writing upon the discovery of defects by Purchaser; (ii) the defective unit is returned to Authorized Company, transportation charges prepaid by Purchaser; (iii) the defective unit is received for adjustment no later than one year following the date on which such Products were delivered by Fujitsu to Authorized Company; and (iv) Fujitsu’s examination of such units shall disclose, to its satisfaction, that such defects have not been caused by misuse, neglect, improper installation, repair, alteration, accident, improper storage or other action or inaction beyond reasonable practice for such Product. This warranty shall be administered and returned to the party from whom Purchaser purchased Product which is an Authorized Company.
THE WARRANTY SET FORTH IN THIS SECTION IS IN LIEU OF, AND EXCLUDES, AND EACH PARTY HEREBY WAIVES, ANY OTHER REPRESENTATIONS, GUARANTEES AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FUJITSU BE LIABLE TO PURCHASER FOR LOSS OF PROFITS, LOSS OF USE, COST OF SUBSTITUTE GOODS, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND BASED UPON A CLAIM FOR BREACH OF WARRANTY OR OTHERWISE. FUJITSU'S WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OR GROW OUT OF, SELLER'S RENDERING OF TECHNICAL ADVICE OR SERVICE IN CONNECTION WITH BUYER'S ORDER OR THE PRODUCTS FURNISHED HEREUNDER.
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