Remedies for Breach of Seller Product Warranties. (a) Subject to Clause 6.3 and Clause 6.4(d), if during the Warranty Period there is a Defect in the Seller Products caused by the Seller and notified by the Purchaser within the Warranty Period to Seller in writing as soon as the Purchaser knew or ought to have known of the Defect, whichever is the earlier, the Purchaser’s sole and exclusive remedy, and the Seller’s sole and exclusive liability, regarding such Defect, shall be for the Seller, at the Seller’s sole option, to rectify the Defect either at the Seller’s chosen site or on a return-to-manufacturer basis at Purchaser’s cost or provide a replacement item of similar specification EXW (Incoterms) 2020 Seller’s premises. Seller reserves the right to require prepaid return of the allegedly defective Seller Product to establish a claim. The Seller shall not be responsible for retrieving or removing defective Seller Products or any part thereof, or for reinstalling the same when repaired or replaced, or for any cost incurred in connection with such retrieval, removal or reinstallation.
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