Sole and Exclusive Remedies. BluBØX’s sole and exclusive liability for any warrantied Hardware will be (at BluBØX’s option) to i) credit Reseller’s account for the original purchase price of the Hardware, or to i) either repair or replace the Hardware. Repairs shall be completed with new, reconditioned, or factory-rebuilt parts at BluBØX’s sole option. Warranty benefits shall be extended only if: (i) BluBØX is promptly notified by Reseller in writing upon discovery (and within the applicable Warranty Period) that the BluBØX Hardware was found to have failed or be defective – and the notification contains a detailed explanation of any alleged deficiencies, (ii) such BluBØX Hardware is returned to BluBØX, F.O.B. BluBØX’s factory or warehouse, and (iii) BluBØX’s examination of the returned Hardware indicates that the alleged deficiencies actually exist and were not caused by accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing. If the returned Hardware is found to be defective, BluBØX will reimburse Reseller for the reasonable transportation charges paid by Reseller for the return of the Hardware. Reseller must fill-in a Return Materials Authorization form (RMA) for the return of the Hardware and must obtain an RMA number from BluBØX before returning the Hardware. The Hardware must be returned with complete identification, freight prepaid, and in accordance with BluBØX’s instructions or it will not be accepted. In no event will BluBØX be responsible for goods returned without proper authorization.
Appears in 7 contracts
Samples: Reseller Agreement, Reseller Agreement, Reseller Agreement
