Common use of Express Limited Warranty Clause in Contracts

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the Specifications and will be free from defects in workmanship for a period of **** from the date of shipment. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of [**** ] days from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject . ***Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to Section 6.1(b)the omitted portions. (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of [**** ] from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (viv) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will shall have been manufactured in accordance with the applicable Specifications and will shall be free from defects in workmanship for a period of [*] ([*** ]) months from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will shall provide its own warranties directly to any of its end users or other third parties. Customer will shall not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will shall not make any representations to end users or other third parties on behalf of Flextronics, and Customer will shall expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will shall have been manufactured in accordance with the applicable Specifications and will shall be free from defects in workmanship for a period of **** from the date of shipment. Flextronics warrants its Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by CustomerCustomer , or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2.warranty. FLEXTRONICS CONFIDENTIAL (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will shall provide its own warranties directly to any of its end users or other third parties. Customer will shall not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will shall not make any representations to end users or other third parties on behalf of Flextronics, and Customer will shall expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of **** 1 year from the date of shipment. In addition, Flextronics warrants that (A) Production Materials shall be used in compliance with Environmental Regulations, (B) Flextronics will not manufacture Products using Materials from vendors that are not on the Approved Vendor List, unless otherwise agreed in writing by Customer. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of (**** ) from the date of shipment. In addition, Flextronics warrants that the Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials (other than Production Materials) or Products with any Environmental Regulations. Customer shall be liable for reasonable costs or expenses incurred by Flextronics related for shipping, testing, repair or replacement of Products returned to Flextronics to the extent due to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s 's sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products (or components thereof) covered by this warranty freight collect after completing a failure report and obtaining a return material authorization number from Flextronics (not to be unreasonably withheld or delayed) to be displayed on the shipping container. Customer shall bear all of the risk, and all reasonable costs and expenses, expenses associated with Products that have been returned to Flextronics for which there is no defect found. In addition, subject Flextronics will use commercially reasonable efforts to complete an initial failure analysis on all Products returned pursuant to Section 6.1(b)6.2, within fifteen (15) days of receipt of such Products. (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event For purposes of clarity, nothing in this subsection (d) limits Customer’s ability to return Products (or components thereof) to Flextronics which are covered by Flextronics’ warranty under this Agreement that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify have returned to Customer of such claims or complaintsunder Customer’s warranty to the end user.

Express Limited Warranty. This Section 6.2 sets forth FlextronicsFlex’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics Flex of such warranty. (a) Flextronics hereby Flex warrants to Customer that the Products will shall (i) have been manufactured in accordance with the Specifications applicable Specifications, and will (ii) be free from defects in workmanship and/or manufacturing processes covered under the agreed Specifications, in each case for a period of **** twelve (12) months from the date of shipment.delivery. FLEX CONFIDENTIAL (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics Flex makes no representations or warranties whatsoever and Flex shall have no liability under or in connection with this Agreement) with respect toto any of: (i) Materials and/or Customer Controlled Materialstooling; (ii) Materials or services provided by vendors on the AVL; (iii) defects resulting from adherence to the Specifications Specifications, or any instructions provided by or on behalf of Customer; (iv) the design of the Products; (iiiv) Product that has been abused, damaged, altered or misused or mishandled (including improper storage or installation or improper handling in accordance with static sensitive electronic device handling requirements) by any person or entity after title passes to Customer; (ivvi) first articles, prototypes, pre-production units, test units NPI Services and NPI Products (whether incorporated into a product or other similar Productsnot); (vvii) defects resulting from tooling, designs or instructions produced or supplied by Customer, including any defective test equipment or test software provided by Customer; or (viviii) the compliance of Materials or Products with any safety or Environmental RegulationsRegulations or other laws. Customer shall be liable for costs or expenses incurred by Flextronics Flex arising out of or related to the foregoing exclusions to FlextronicsFlex’s express limited warranty to the extent provided in Section 10.2. (c) warranty. Upon any failure of a Product to comply with this express limited warranty, FlextronicsFlex’s sole obligation, and Customer’s sole remedy, is for FlextronicsFlex, at its Flex’s option, to promptly repair or replace such unit and return it to Customer Customer, freight prepaid. In the event that such unit cannot be repaired or replaced using commercially reasonable efforts, Flex shall refund the price paid by the Customer to Flex for such unit. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics Flex to be displayed on the shipping container. This warranty will not apply to any Product that is returned more than thirty (30) days after the expiration of the warranty period set forth in Section ‎8.1(a). Furthermore, this warranty shall not apply if the Customer has removed from Flex’s possession, for any reason, any tools or equipment that are necessary to repair the Product. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics Flex for which there is no defect found, subject to Section 6.1(b). (dc) Customer will shall provide its own any and all warranties directly to any of its end users or other third parties. , and Customer will shall not pass through to end users or other third parties the warranties made by Flextronics Flex under this Agreement. Furthermore, Customer will shall not make any representations to end users or other third parties on behalf of FlextronicsFlex, and Customer will shall expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth FlextronicsFlex’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics Flex of such warranty. (a) Flextronics hereby Flex warrants to Customer that the Products will shall have been manufactured in accordance with the applicable Specifications and will shall be free from defects in workmanship for a period of **** twelve (12) months from the date of shipment. In addition, Flex warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics Flex makes no representations or warranties whatsoever with respect toto any of: (i) Materials and/or Customer Controlled Materials(excluding Production Materials to the extent expressly set forth in Section 7.2(a)), equipment or services provided by vendors on the AVL; (ii) defects resulting from adherence to the Specifications Specifications, or any instructions provided by or on behalf of Customer; (iii) the design of the Products; (iiiiv) Product that has been abused, damaged, altered or misused or mishandled (including improper storage or installation or improper handling in accordance with static sensitive electronic device handling requirements) by any person or entity after title passes to Customer; (ivv) first articles, prototypes, pre-production units, test units or other similar Productsunits; (vvi) defects resulting from tooling, designs or instructions produced or supplied by Customer, including any defective test equipment or test software provided by Customer; or (vivii) the compliance of Materials (excluding Production Materials) or Products with any safety or Environmental RegulationsRegulations or other laws. Customer shall be liable for costs or expenses incurred by Flextronics Flex arising out of or related to the foregoing exclusions to FlextronicsFlex’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, FlextronicsFlex’s sole obligation, and Customer’s sole remedy, is for FlextronicsFlex, at its Flex’s option, to promptly repair or replace such unit and return it to Customer Customer, freight prepaid. In the event that such unit cannot be repaired or replaced using commercially reasonable efforts, Flex shall refund the price paid by the Customer to Flex for such unit. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics Flex to be displayed on the shipping container. This warranty will not apply to any Product that is returned more than thirty (30) days after the expiration of the warranty period set forth in Section 7.2(a). Furthermore, this warranty shall not apply if the Customer has removed from Flex’s possession, for any reason, any tools or equipment that are necessary to repair the Product. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics Flex for which there is no defect found, subject to Section 6.1(b). (d) Customer will shall provide its own any and all warranties directly to any of its end users or other third parties. , and Customer will shall not pass through to end users or other third parties the warranties made by Flextronics Flex under this Agreement. Furthermore, Customer will shall not make any representations to end users or other third parties on behalf of FlextronicsFlex, and Customer will shall expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 6.3 sets forth Flextronics’s ’ sole and exclusive warranty with respect to the Product and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products (i) will have been be manufactured in compliance with the applicable laws of the country in which the Product is manufactured, (ii) will be manufactured in compliance with Current Good Manufacturing Practices, (iii) will be manufactured in accordance with the applicable Specifications and the Quality Agreement, (iv) will be free from defects in workmanship workmanship, and (v) shall incorporate Materials tested in accordance with the Specifications, in each case for a period of **** three hundred and sixty-five (365) days from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials (except as set forth in Section 6.3(a)(v)), and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the ProductsProduct design; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2which there is no defect found. (c) Upon any failure of a Product to comply with this the express limited warrantywarranty set forth in this Section 6.3, Flextronics’s ’ sole obligation, and Customer’s sole remedy, remedy is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid, all in accordance with the terms and conditions of Section 6.1. Customer shall return defective Products covered by this warranty freight collect warranty, at Flextronics’ expense, after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found. For the avoidance of doubt, subject this Section 6.3 shall not affect (i) Flextronics’ indemnification obligations set forth in Section 11.1, (ii) Customer’s right to terminate this Agreement as set forth in Section 6.1(b10.2, (iii) Flextronics’ obligations with respect to Recalls as set forth in Section 7, or (iv) Customer’s right to seek refund of amounts paid for any defective Product in the event that Flextronics does not repair or replace such defective Product in accordance with this subsection 6.3(c).. ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. FLEXTRONICS CONFIDENTIAL (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets set<; forth Flextronics’s 's sole and exclusive warranty and Customer’s 's sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of **** twelve (12) months from the date of shipment. In addition, Flextronics warrants tl1at Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials and/or Consigned Materials; (ii) defects resulting from the Specifications or the design of the Products; : (iii) Product that has been abused, damageddamaged , altered or misused by any an y person or entity after title passes to Customer; (iv) first articles, prototypes, pre-pre production units, test units or other similar Products; products: (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express 's ex press limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express ex press limited warranty, Flextronics’s 's sole obligation, and Customer’s 's sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through d1rough to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, . Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s 's sole and exclusive warranty and Customer’s 's sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of **** two (2) years from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s 's express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s 's sole obligation, and Customer’s 's sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b).. FLEXTRONICS CONFIDENTIAL (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 8.3 sets forth FlextronicsFlex’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics Flex of such warranty. (a) Flextronics hereby Flex warrants to Customer that the Products will shall have been manufactured in accordance with the Manufacturing Specifications and will be free from defects in workmanship for a period of **** twelve (12) months from the date of shipment. In addition, Flex warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, to and Flextronics Flex makes no representations or warranties whatsoever with respect toto : (i) Materials (excluding Production Materials to the extent expressly set forth in Section 8.3(a)), equipment, and/or Customer Controlled MaterialsMaterials or services provided by vendors on the AVL; (ii) defects resulting from adherence to the Manufacturing Specifications or any instructions provided by or on behalf of Customer; (iii) the design of the Products; (iiiiv) Product that has been abused, damaged, altered or misused or mishandled (including improper storage or installation or improper handling in accordance with static sensitive electronic device handling requirements) by any person or entity after title passes to Customer; (ivv) first articles, prototypes, pre-production units, test units or other similar Productsunits; (vvi) defects resulting from tooling, designs or instructions produced or supplied by Customer, including any defective test equipment or test software provided by Customer; or (vivii) the compliance of Materials (excluding Production Materials) or Products with any safety or Environmental RegulationsRegulations or other laws. Customer shall be liable for costs or expenses incurred by Flextronics Flex arising out of or related to the foregoing exclusions to FlextronicsFlex’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, FlextronicsFlex’s sole obligation, and Customer’s 's sole remedy, is for FlextronicsFlex, at its Flex’s option, to promptly repair or replace such unit and return it to Customer freight prepaid. In the event that such unit cannot be repaired or replaced using commercially reasonable efforts, Flex shall refund the price paid by the Customer to Flex for such unit. Customer shall return defective Products covered by this the warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics Flex to be displayed on the shipping container. This warranty will not apply to any Product that is returned more than thirty (30) days after the expiration of the warranty period set forth in Section 8.3(a). Furthermore, this warranty shall not apply if the Customer has removed from Flex’s possession, for any reason, any tools or equipment that are necessary to repair the Product. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics Flex for which there is no defect found, subject to Section 6.1(b). (d) Customer will shall provide its own any and all warranties directly to any of its end users or other third parties. parties and Customer will shall not pass through to end users or other third parties the warranties made by Flextronics Flex under this Agreement. Furthermore, Customer will shall not make any representations to end users or other third parties on behalf of FlextronicsFlex, and Customer will shall expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In . (e) For the event that Flextronics receives purposes of clarity, the limited warranty mentioned in this Section 8.3 only applies to Products delivered under Manufacturing Services, any claims warranty applicable to Design Services or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer Deliverables are specified in Section 2 of such claims or complaintsthis Agreement.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the Customer’s applicable Specifications and will be free from defects in workmanship for a period of **** ninety (90) days from the date of shipment. (b) Notwithstanding anything else in this Agreement, this . Materials are warranted to the same extent that the original manufacturer warrants the Materials. This express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: to (ia) Materials and/or consigned or supplied by Customer Controlled Materialsto Flextronics; (iib) defects resulting from the Customer’s Specifications or the design of the Products; (iiic) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) . With respect to first articles, prototypes, pre-production units, test units or other similar Products; (v) , Flextronics makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, Flextronics assumes no liability for or obligation related to the performance, accuracy, Specifications, failure to meet Specifications or defects resulting from of or due to tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer and Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2. (c) thereto. Upon any failure of a Product to comply with this express limited the above warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this the warranty freight collect pre-paid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) . Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third partiesFLEXTRONICS MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, Flextronics shall promptly notify Customer of such claims or complaintsEXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby represents and warrants to Customer that each Product [***] (b) Flextronics warrants that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of [**** from the date of shipment. (b) ]. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and at no additional cost to Customer; provided, however, that Customer shall return it to Customer such Product freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of **** 1 year from the date of shipment. In addition, Flextronics warrants that (A) Production Materials shall be used in compliance with Environmental Regulations, (B) Flextronics will not manufacture Products using Materials from vendors that are not on the Approved Vendor List, unless otherwise agreed in writing by Customer. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaints.

Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship [***] for a period of [**** ] ([***]) [***] from the date of shipment. In addition, Flextronics warrants that [***] are in compliance with [***]. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, Customer or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid[***]. Customer shall return defective Products covered by this warranty freight collect [***] after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject . *** Confidential treatment requested pursuant to Section 6.1(b)a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event For clarity, nothing in this subsection (d) limits Customer’s ability to return Products to Flextronics which are covered by Flextronics’s warranty under this Agreement that Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaintshave returned to Customer.

Express Limited Warranty. This Section 6.2 6.3 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty. (a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of [**** ] from the date of shipment, [*]. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2warranty. (c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return defective Products covered by this warranty freight collect after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found, subject to Section 6.1(b). (d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. In the event that , except as expressly agreed upon by Flextronics receives any claims or complaints regarding the Product from end users or other third parties, Flextronics shall promptly notify Customer of such claims or complaintsand Customer. d) [*]