Common use of Component Warranty Clause in Contracts

Component Warranty. (a) Seller warrants that each of the Components delivered to Buyer will meet all applicable specifications and will be free from defects in materials and workmanship at the time of sale. Seller's sole obligation under this Warranty is the repair or replacement, at its election, of any Component which is found, upon Seller's inspection not to meet such warranty. Such product will be repaired or replaced without charge provided that, (1) prior written approval is required before returning any product, and (2) any product return sent to Seller without prior written approval will be returned to the sender, freight collect. (b) This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to any Component without the express written consent of Seller, attempted disassembly, neglect, improper installation, of any other use inconsistent with any applicable law, rule, regulation or governmental directive, or any use inconsistent with the specifications or warning or recommended operating practices specific to the Component. (c) THE WARRANTY SET FORTH IN THIS SECTION 3.2 IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.