Common use of Exclusive Warranty Clause in Contracts

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described herein, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposal. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES (NOR HAS AUTHORIZED ANY PERSON TO ASSUME) ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTS, OR ANY OTHER VARIABLE OVER WHICH THE SELLER HAS NO CONTROL. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described hereinTHE EXPRESS WARRANTIES SET FORTH IN SECTION 4.1 CONSTITUTE THE ONLY WARRANTIES MADE BY IRTH WITH RESPECTTO THE SERVICES (INCLUDING, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposalWITHOUT LIMITATION, ANY DELIVERABLES). THIS IRTH MAKES NO OTHER REPRESENTATION OR WARRANTY IS EXCLUSIVE AND IN LIEU OR CONDITION OF ANY OTHER WARRANTY, KIND WHETHER EXPRESS OR IMPLIED, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SERVICES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY DELIVERABLES). IRTH EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES IRTH DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES (NOR HAS AUTHORIZED INCLUDING, WITHOUT LIMITATION, ANY PERSON TO ASSUMEDELIVERABLES) ANY OTHER WARRANTY IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTSOTHERWISE, OR THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY OTHER VARIABLE OVER WHICH DELIVERABLES) WILL BE ERROR-FREE (EXCEPT FOR ANY ERROR THAT RESULTS FROM IRTH'S BAD FAITH, WILLFUL NEGLIGENCE OR UNTRUE STATEMENT NOT MADE IN RELIANCE UPON AND IN CONFORMITY WITH INFORMATION PROVIDED TO IRTH BY COMPANY), AND IRTH HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THERE IS ALSO NO IMPLIED WARRANTY OF NON-INFRINGEMENT; THE SELLER HAS NO CONTROLSOLE REMEDY FOR INFRINGEMENT IS PROVIDED IN SECTION 5. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLERThis Section 4.2 shall be enforceable to the maximum extent allowed by applicable law.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described hereinTHE EXPRESS WARRANTIES SET FORTH IN SECTION 4.1 CONSTITUTE THE ONLY WARRANTIES MADE BY CINAPSYS WITH RESPECT TO THE SERVICES (INCLUDING, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposalWITHOUT LIMITATION, ANY DELIVERABLES). THIS CINAPSYS MAKES NO OTHER REPRESENTATION OR WARRANTY IS EXCLUSIVE AND IN LIEU OR CONDITION OF ANY OTHER WARRANTY, KIND WHETHER EXPRESS OR IMPLIED, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SERVICES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY DELIVERABLES). CINAPSYS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES CINAPSYS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES (NOR HAS AUTHORIZED INCLUDING, WITHOUT LIMITATION, ANY PERSON TO ASSUMEDELIVERABLES) ANY OTHER WARRANTY IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTSOTHERWISE, OR THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY OTHER VARIABLE OVER WHICH DELIVERABLES) WILL BE ERROR-FREE (EXCEPT FOR ANY ERROR THAT RESULTS FROM CINAPSYS' BAD FAITH, WILLFUL NEGLIGENCE OR UNTRUE STATEMENT NOT MADE IN RELIANCE UPON AND IN CONFORMITY WITH INFORMATION PROVIDED TO CINAPSYS BY COMPANY), AND CINAPSYS HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THERE IS ALSO NO IMPLIED WARRANTY OF NON-INFRINGEMENT; THE SELLER HAS NO CONTROLSOLE REMEDY FOR INFRINGEMENT IS PROVIDED IN SECTION 5. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLERThis Section 4.3 shall be enforceable to the maximum extent allowed by applicable law.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described hereinTHE WARRANTIES CONTAINED IN THIS SECTION 8 ARE EXCLUSIVE, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposal. THIS WARRANTY IS EXCLUSIVE AND ARE IN LIEU OF ANY ALL OTHER WARRANTYWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR ARISING BY A COURSE OF DEALING OR USAGE OF TRADE. SELLER NEITHER ASSUMES (NOR HAS AUTHORIZED HIBOB DOES NOT CONTROL THE CONTENT POSTED TO OR VIA THE SERVICES AND, IN PARTICULAR, DOES NOT CONTROL THE CUSTOMER CONTENT AND, AS SUCH, HIBOB DOES NOT MAKE OR GIVE ANY PERSON REPRESENTATION OR WARRANTY AS TO ASSUME) THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, USEFULNESS, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS FOREGOING CONTENT OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTS, OR ANY OTHER VARIABLE OVER WHICH THE SELLER HAS NO CONTROLDATA. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER CUSTOMER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS THE SERVICE(S) AND ANY HIBOB CONTENT, AND ANY ACCOMPANYING DOCUMENTATION ARE WARRANTED ONLY TO PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. IN PARTICULAR, XXXXX DOES NOT WARRANT THAT THE EXTENT OPERATION OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLERSERVICES WILL BE UNINTERRUPTED, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUESTCONTAMINANT-FREE OR ERROR-FREE, THAT SYSTEM AVAILABILITY BE MAINTANED, THAT ANY ERROR, BUG OR PROBLEM BE RESOLVED OR THAT THEY WILL MEET THE CUSTOMER'S REQUIREMENTS. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERSDOES NOT LIMIT, MODIFIES OR REPAIRS AND IS WITHOUT PREJUDICE TO, THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT PROVISIONS OF SELLERSECTION 11 BELOW.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described hereinFOR ANY IT SERVICES PROVIDED BY NETABILITY, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposalNETABILITY WARRANTS THAT NETABILITY WILL PERFORM THE IT SERVICES IN A WORKMANLIKE MANNNER CONSISTENT WITH INDUSTRY STANDARDS. THIS WARRANTY IS EXCLUSIVE AND IN LIEU FOR ANY PRODUCTS OR SOLD, LICENSED OR OTHERWISE PROVIDED BY NETABILITY, NETABILITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY OTHER WARRANTYKIND BUT WILL PASS THROUGH TO CUSTOMER ANY APPLICABLE MANUFACTURER OR DEVELOPER WARRANTIES. FURTHER, NETABILITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITH REGARD TO THIRD PARTY SOFTWARE LICENSED OR OTHERWISE PROVIDED TO CUSTOMER. NETABILITY EXPRESSLY DISCLAIMS, BUT NOT LIMITED TOAND CUSTOMER HEREBY EXPRESSLY WAIVES ALL RIGHTS, ANY REGARDING ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SELLER NEITHER ASSUMES (NOR HAS AUTHORIZED ANY PERSON TO ASSUME) ANY OTHER WARRANTY NETABILITY DOES NOT WARRANT THAT THE IT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR LIABILITY IN CONNECTION WITH THAT THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OPERATION OF THE PRODUCTS IT SERVICES WILL BE UNINTERRUPTED OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTSERROR-FREE, OR ANY OTHER VARIABLE OVER WHICH THAT ERRORS IN THE SELLER HAS NO CONTROLIT SERVICES WILL OR CAN BE CORRECTED. IF BUYER’S ORDER IS If it is determined that Netability has breached the above IT Services warranty, then as Customer’s sole remedy, Customer may receive a credit on a dollar-for-dollar basis based upon the amount of Fees that have been paid by Customer during the time period when the IT Services did not conform to the foregoing warranties up to a maximum credit of twelve (12) months of Fees paid, which amount shall be applied toward future Fees during the then remaining Term that would otherwise be due to Netability, the application of such credit commencing with the month immediately following such determination and until such time as the amount of the credit is exhausted. Provided, it is understood that if the parties cannot agree whether a breach has occurred, the parties will submit the issue to arbitration and the credit shall commence with the month immediately following the arbiters ruling. THE FOREGOING WILL BE THE SOLE REMEDY OF CUSTOMER FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLERWARRANTY.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described hereinIf Buyer's order is for Products made by Seller, Seller warrants that the Products sold pursuant conform in all material respects to Seller’s Written Proposal to be free any specificationsprovided bySeller, orprovided byBuyer and agreed tobySeller, andarefreefrom anydefectsin materialsandworkmanship, under normal useand service and when installed in accordance withfactory recommendations fora period of six (6) months from all latent defects in material and workmanship for a period as defined by the warranty statement as part dateof commencement of this proposaluse orone (1) year from the date of shipmenttotheBuyer,whicheveroccursfirst("WarrantyPeriod"). THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY BuyeracknowledgesthatSELLERMAKESNO OTHER WARRANTYWARRANTIES, EXPRESS OR EXPRESSEDOR IMPLIED, INCLUDING, BUT NOT LIMITED TOLIMITEDTO,ANY IMPLIEDWARRANTY OFMERCHANTABILITY, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES FITNESSFORAPARTICULARPURPOSE, ORPATENTOR OTHER (NOR HAS AUTHORIZED ANY PERSON TO ASSUMEa) ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTSIf Buyer's order is for Products made by another (even if repackaged by Seller), OR ANY OTHER VARIABLE OVER WHICH THE SELLER HAS NO CONTROL. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT Buyer acknowledges that SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS THE PRODUCTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE EXTENT PRODUCTS, INCLUDING BUTNOT LIMITEDTOANY IMPLIED WARRANTY OFMERCHANTABILITY ORFITNESS FOR AP ARTICULAR PURPOSE. Allsuch Products are warranted only to the extent of the manufacturer's warranties, which Seller will provide to Buyer at Xxxxx's request. (b) Seller will, at its option, repair, replace, or pay an amount of money equal to thecosts of any part or component covered by this warranty which, following examination by Seller or its authorized representatives, is found to be defective under normal use. However, Seller shall not be liable for transportation, labor cost, or consequential damages related to malfunction or defective goods; nor shall Seller be liable for any costs related to removing or installing repairs. This warranty shall not apply to any goods that have been repaired or altered by anyone other than the Seller. Also, this warranty does not apply to any defect caused by failure to provide a suitable storage, use, or operating environment, use of non-recommended reagents, spills, the use ofthe Product fora purpose or in amanner other than that for which they were designed or other than in accordance with any manuals, guidelines or instructions provided by Seller or any other abuse, misuse, or neglect of the Products. No claim under this warranty will be valid unless the Seller is notified in writing of the warranty claim prior to the expiration of the warranty period. This warranty is not transferable. (c) THE FOREGOING WARRANTY IS THE SOLE WARRANTY PROVIDED. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, ORAL ORWRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT EXTEND BEYOND THE MANUFACTURER’S EXPRESS DESCRIPTION OFTHE GOODS. THERE XXXXX IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES TO SELLER, WHICH OFMERCHANTABILITY OR FITNESS FOR AP ARTICULAR PURPOSE. (d) IN NO EVENT SHALL SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION INJURY OR DAMAGES OF ANY KIND OR NATURE TOPERSON OR PROPERTY, LOSS OF PROFIT OR USE, OR LABOR OR RENTAL COSTS) ARISING FROM THE SALE OR USE OF ANY GOODS OR SERVICE OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OROTHERWISE BASED ON CONTRACT ORON TORT, ANDREGARDLESS OFANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER. IN NO EVENT SHALL THE SELLER'S LIABILITY TO THE CUSTOMER EXCEED THE PURCHASE PRICE OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES GOODS OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLERSERVICES SOLD.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described herein, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by of one (1) year from the warranty statement as part date of this proposalshipment. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES (NOR HAS AUTHORIZED ANY PERSON TO ASSUME) ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO ANY PART PRODUCED USING THE PRODUCTS OR BUYER’S USE OF THE PRODUCTS (AND SELLER SHALL NOT BE LIABLE FOR ANY SHRINKAGE, DISTORTION, DAMAGE TO MATERIALS OR PRESS EQUIPMENT OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTS, OR ANY OTHER VARIABLE OVER WHICH THE SELLER HAS NO CONTROL). IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 7 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.

Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described hereinTHE EXPRESS WARRANTIES SET FORTH IN SECTION 4.1 CONSTITUTE THE ONLY WARRANTIES MADE BY CINAPSYS WITH RESPECT TO THE SERVICES (INCLUDING, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposalWITHOUT LIMITATION, ANY DELIVERABLES). THIS CINAPSYS MAKES NO OTHER REPRESENTATION OR WARRANTY IS EXCLUSIVE AND IN LIEU OR CONDITION OF ANY OTHER WARRANTY, KIND WHETHER EXPRESS OR IMPLIED, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SERVICES (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY DELIVERABLES). CINAPSYS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES CINAPSYS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES (NOR HAS AUTHORIZED INCLUDING, WITHOUT LIMITATION, ANY PERSON TO ASSUMEDELIVERABLES) ANY OTHER WARRANTY IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTSOTHERWISE, OR THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY OTHER VARIABLE OVER WHICH DELIVERABLES) WILL BE ERROR-FREE (EXCEPT FOR ANY ERROR THAT RESULTS FROM CINAPSYS' BAD FAITH, WILLFUL NEGLIGENCE OR UNTRUE STATEMENT NOT MADE IN RELIANCE UPON AND IN CONFORMITY WITH INFORMATION PROVIDED TO CINAPSYS BY COMPANY), AND CINAPSYS HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THERE IS ALSO NO IMPLIED WARRANTY OF NON-INFRINGEMENT; THE SELLER HAS NO CONTROLSOLE REMEDY FOR INFRINGEMENT IS PROVIDED IN SECTION 5. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUESTThis Section 4.2 shall be enforceable to the maximum extent allowed by applicable law. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.[CINAPSYS LOGO]