Warranty Statement – Custom Cable Assemblies
WARRANTY – Seller warrants to Buyer that products of its manufacture will be on the date of shipment of the product, free from defects in material and workmanship and will substantially conform to seller’s written specifications provided to Buyer or to the specifications specifying performance for a period of time. If any defect in material or workmanship or failure to meet said published specifications (a “defect”) appears in the product, Seller will, at its option, either repair or replace the defective product without charge at Seller’s manufacturing facility or credit or refund the purchase price of the defective product provided: (i) the defect appears within ninety (90) days from the date of shipment of the product, (ii) Buyer notifies Seller in writing of the claimed defect within thirty (30) days after Buyer knows or reasonable should know of claimed defect, and (iii) Seller’s examination of the product discloses that the claimed defect actually exists.
Buyer shall follow Seller’s instructions regarding return of defective product, and no product will be accepted for repair, replacement, credit or refund without written authorization of and in accordance with Seller’s instructions. Replaced products shall become Seller’s property, in no event shall Seller be responsible for deinstallation or reinstallation of defective products or for the expenses thereof. If Seller determines that the returned product(s) are not defective, the Buyer shall pay the Seller all costs of handling, inspection, repairs and transportation at Seller’s then prevailing rates. Repairs and replacements covered by the above warranty are warranted to be free from defect as set forth above prior to the expiration of the above ninety (90) day period.
With respect to products not manufactured by Seller, Seller, to the extent permitted, extends the warranties and affords the remedies to Buyer given to Seller by its vendor of said products. Seller makes no warranties with respect to experimental products or prototypes or to products which have been subjected to misuse, neglect, accident or abuse or have been improperly installed, stored, maintained, repaired or altered by anyone other than Seller, or had their serial numbers removed, defaced or altered.
EXCEPT AS STATED IN THIS SECTION, SELLER, ITS SUBSIDIARIED AND AFFILIATES, SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS OTHER IMPLIED WARRANTIES, IN LAW OR EQUITY. BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER’S OBLIGATION TO REPAIR OR REPLACE OR CREDIT OR REFUND AS SET FORTH ABOVE.