(a) Effective November 9, 2010, Company warrants to customer that each product will be free from defects in materials and workmanship for a period of 90 (ninety) days from the date such product is delivered to customer ("Warranty Period"). Products purchased prior to November 9, 2010 will continue to be covered for a period of 30 (thirty) days from the date such product is delivered to customer ("Warranty Period").
Company’s sole liability and Customer’s exclusive remedy for products that
fail to conform to this limited warranty ("Nonconforming Products")
is limited to repair or replacement of such Nonconforming Products, at
Company’s sole option and election. The warranty for the repaired
or replaced Product is limited to the scope and remaining duration of the
original warranty for the Nonconforming Product. This warranty is contingent
upon proper use of the Product in the application for which it was intended
and does not apply to any Product that is (i) used in conjunction with
any product for which it was not designed or used other than as set forth
in the accompanying documentation; or (ii) subjected to unusual physical
or electrical stress, misuse, neglect, negligence, damage during shipping,
improper testing or storage, or unauthorized repair, modification or alteration.
(b) The above warranty is for Customer’s benefit only, and is non-transferable.
OTHER THAN AS EXPRESSLY SET FORTH IN SECTION (a) ABOVE, COMPANY MAKES NO WARRANTIES,
EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c)Return of Nonconforming Products must be made according to Company’s
then-current return and RMA policies.
HIGH RISK ACTIVITIES.
The Products are
not fault-tolerant and are not designed or intended for use in hazardous
environments requiring fail-safe performance,
including without limitation, in the operation of nuclear facilities,
navigation or communication systems, air traffic control, weapons
systems, medical devices, direct life-support machines, or any other
in which the failure of the Product could lead directly to death,
personal injury, or severe physical or property damage (collectively, "High
Risk Activities"). The Company expressly disclaims any express
or implied warranty of fitness for High Risk Activities.
LIMITATION OF LIABILITY
COMPANY’S LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO ANY PRODUCT
SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO COMPANY
FOR SUCH PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE FOR LOST USE,
PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY
SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THE
FOREGOING LIMITA-TIONS SHALL APPLY REGARDLESS OF WHETHER COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.