Hardware (Default Provisions). If an Order calls for hardware and no third party or Entrust separate agreements or terms and conditions accompany them, then the Agreement shall apply to such hardware (“Hardware”) along with the following terms and conditions: (i) Customer will be the importer of record for the Hardware and responsible for all freight, packing, insurance and other shipping-related expenses; (ii) risk of loss and title to the Hardware will pass to Customer upon delivery of the Hardware by Entrust or one of their respective agents to the carrier; (iii) the Hardware will be free from material defects in materials and workmanship and will conform to the published specifications for such Hardware in effect as of the date of manufacture for a period of one (1) year from the date on which such Hardware are first delivered to Customer (or for such extended warranty period as may be set out in the applicable Order); and (iv) Customer will use Entrust as Customer’s point of contact for Hardware warranty inquiries. The aforementioned Hardware warranty will not apply where the issue is caused by accident, misuse, abuse, improper operation, misapplication, or any other cause external to the Hardware. Any Hardware that is replaced becomes the property of Entrust. Entrust’s exclusive liability and Customer’s exclusive remedy for breach of this Section (Hardware (Default Provisions)) is for Entrust, at its option, to repair or replace the Hardware, or take return of the Hardware and refund the price paid for the Hardware. “Hardware” is not part of the Entrust Technology.
