WARRANTY
Except as otherwise stated herein or in an order acknowledgment delivered to Buyer, Seller warrants to Buyer that the Product shall be free of defects in materials and workmanship. The warranty for the touchmonitors and components of the product is regional; please contact your regional office.
Seller makes no warranty regarding the model life of components. Seller’s suppliers may at any time and from time to time make changes in the components delivered as Products or components.
Buyer shall notify Seller in writing promptly (and in no case later than thirty (30) days after discovery) of the failure of any Product to conform to the warranty set forth above; shall describe in commercially reasonable detail in such notice the symptoms associated with such failure; and shall provide to Seller the opportunity to inspect such Products as installed, if possible. The notice must be
received by Seller during the Warranty Period for such product, unless otherwise directed in writing by the Seller. Within thirty (30) days after submitting such notice, Buyer shall package the allegedly defective Product in its origi- nal shipping carton(s) or a functional equivalent and shall ship to Seller at Buyer’s expense and risk.
Within a reasonable time after receipt of the allegedly defective Product and verification by Seller that the Product fails to meet the warranty set forth above, Seller shall correct such
failure by, at Seller’s options, either (i) modifying or repairing the Product or (ii) replacing the Product. Such modification, repair, or replacement and the return shipment of the Product with minimum insurance to Buyer shall be at Seller’s expense. Buyer shall bear the risk of loss or damage in transit, and may insure the Product. Buyer shall reimburse Seller for transportation cost incurred for Product returned but not found by Seller to be defective. Modi- fication or repair, of Products may, at Seller’s option, take place either at Seller’s facilities or at Buyer’s premises. If Seller is unable to modify, repair, or replace a Product to conform to the warranty set forth above, then Seller shall, at Seller’s option, either refund to Buyer or credit to Buyer’s account the purchase price of the Product less deprecia- tion calculated on a
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EX- CEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANYPURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIRNONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODS OTHER THANTHE WARRANTYSET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTALDAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability relating to (i) assessing the suitability for Buyer’s intended use of the Products and of any system design or drawing and (ii) deter- mining the compliance of Buyer’s use of the Products with applicable laws, regulations, codes, and standards. Buyer retains and accepts full responsibility for all warranty and other claims relating to or arising from Buyer’s products, which include or incorporate Products or components manufactured or supplied by Seller. Buyer is solely responsible for any and all representations and warranties regarding the Products made or authorized by Buyer. Buyer will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost, or expenses (including reasonable attorney’s fees) attributable to Buyer’s products or representations or warranties concerning same.
