Common use of Limited Warranty; Disclaimer Clause in Contracts

Limited Warranty; Disclaimer. (1) Seller warrants to Buyer only that for a period of twenty four (24) months from the delivery of a Product, such Product purchased hereunder will be new, free from defects in design, material and/or workmanship and conform to Seller's published specifications for such Products (or other specifications as agreed upon in writing signed by both Buyer and Seller with respect to a certain Product) (the "Specifications"). (2) If the Products do not comply with the warranty provided in Section 9(1), Seller shall, at its option, repair or replace the Products, or credit or refund the price of the Products. Except for any remedies for an Epidemic Failure (if applicable), this Section 9(2) sets forth Buyer's sole and exclusive remedy and Seller's sole and exclusive liability for the failure of a Product to comply with the warranty set forth in Section 9(1). (3) Seller shall implement a root cause analysis and provide Buyer with the result thereof in the event the actual failure rate for the Products exceeds a certain failure rate as separately agreed to by the parties ("Epidemic Failure"). Subject to Section 10, in the event of an Epidemic Failure, Seller shall be liable to Buyer for actual and direct losses, damages, costs and expenses incurred by Buyer arising out of such Epidemic Failure. (4) In case epidemic defects due to reasons attributable to Seller are discovered in the Products after the expiration of the warranty period provided in the above sub-clause (1), Seller shall take necessary measures as provided in the above sub-clause (2) if mutually agreed upon by the parties. (5) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9(1) ABOVE, SELLER (FOR ITSELF AND ITS SUPPLIERS) MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty; Disclaimer. (1) Seller warrants to Buyer only that for a period of twenty four (24) months from the delivery of a Product, such Product purchased hereunder will be new, free from defects in design, material and/or workmanship and Products shall conform to the dimensions and specifications of Seller's published ’s standard parts as shown in Seller’s catalog for standard parts, or to Buyer’s print dimensions, tolerances and material specifications for such Products (or other specifications as agreed upon if provided by Buyer in writing signed and accepted by both Buyer and Seller with respect to a certain Product) (the "Specifications"). (2) If the Products do not comply with the warranty provided in Section 9(1)writing. THE FOREGOING WARRANTY IS EXCLUSIVE, Seller shall, at its option, repair or replace the Products, or credit or refund the price of the Products. Except for any remedies for an Epidemic Failure (if applicable), this Section 9(2) sets forth Buyer's sole and exclusive remedy and Seller's sole and exclusive liability for the failure of a Product to comply with the warranty set forth in Section 9(1). (3) Seller shall implement a root cause analysis and provide Buyer with the result thereof in the event the actual failure rate for the Products exceeds a certain failure rate as separately agreed to by the parties ("Epidemic Failure"). Subject to Section 10, in the event of an Epidemic Failure, Seller shall be liable to Buyer for actual and direct losses, damages, costs and expenses incurred by Buyer arising out of such Epidemic Failure. (4) In case epidemic defects due to reasons attributable to Seller are discovered in the Products after the expiration of the warranty period provided in the above sub-clause (1), Seller shall take necessary measures as provided in the above sub-clause (2) if mutually agreed upon by the parties. (5) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9(1) ABOVE, AND SELLER (FOR ITSELF AND ITS SUPPLIERS) MAKES NO OTHER WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIESOF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTWHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING WARRANTY SHALL BE VALID, UNLESS MADE IN WRITING AND DULY SIGNED BY SELLER. IN THE EVENT THE PRODUCTS ARE NOT IN COMPLIANCE WITH THE FOREGOING WARRANTY, BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A CREDIT FOR THE PRICE OF THE PRODUCTS OR, AT SELLER’S OPTION, REPLACEMENT OF THE PRODUCTS. Notwithstanding the foregoing, the foregoing warranty shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the Products in any manner, has failed to use the Products in accordance with industry standards and practices, or has failed to use the Products in accordance with instructions, if any, furnished by Seller.