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LIMITED WARRANTY
GIGA-TMS warrants that the products sold pursuant to this Agreement will perform in accordance with GIGA-TMS’s published
specifications. This warranty shall be provided only for a period of one year from the date of the shipment of the product from
GIGA-TMS (the “Warranty Period”). This warranty shall apply only to the “Buyer” (the original purchaser, unless that entity
resells the product as authorized by GIGA-TMS, in which event this warranty shall apply only to the first re-purchaser).
During the Warranty Period, should this product fail to conform to GIGA-TMS’s specifications, GIGA-TMS will, at its option, repair
or replace this product at no additional charge except as set forth below. Repair parts and replacement products will be
furnished on an exchange basis and will be either reconditioned or new. All replaced parts and products become the property of
GIGA-TMS. This limited warranty does not include service to repair damage to the product resulting from accident, disaster,
unreasonable use, misuse, abuse, negligence, or modification of the product not authorized by GIGA-TMS. GIGA-TMS reserves
the right to examine the alleged defective goods to determine whether the warranty is applicable.
Without limiting the generality of the foregoing, GIGA-TMS specifically disclaims any liability or warranty for goods resold in
other than GIGA-TMS’s original packages, and for goods modified, altered, or treated without authorization by GIGA-TMS.
Service may be obtained by delivering the product during the warranty period to GIGA-TMS (8F No. 31 Lane 169, Kang Ning
Street, Hsi Chih Dist New Taipei City, Taiwan). If this product is delivered by mail or by an equivalent shipping carrier, the
customer agrees to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the
warranty service location, and to use the original shipping container or equivalent. GIGA-TMS will return the product, prepaid,
via a three (3) day shipping service. A Return Material Authorization (“RMA”) number must accompany all returns. Buyers may
obtain an RMA number by contacting Technical Support at +886-2-26954214.
EACH BUYER UNDERSTANDS THAT THIS GIGA-TMS PRODUCT IS OFFERED AS IS. GIGA-TMS MAKES NO OTHER
WARRANTY, EXPRESS OR IMPLIED, AND GIGA-TMS DISCLAIMS ANY WARRANTY OF ANY OTHER KIND, INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF THIS PRODUCT DOES NOT CONFORM TO GIGA-TMS’S SPECIFICATIONS, THE SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT
AS PROVIDED ABOVE. GIGA-TMS’S LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO GIGA-TMS
UNDER THIS AGREEMENT. IN NO EVENT WILL GIGA-TMS BE LIABLE TO THE BUYER FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO
USE, SUCH PRODUCT, EVEN IF GIGA-TMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO GIGA-TMS’S LIMITED WARRANTY, GIGA-TMS’S LIABILITY UNDER THIS
AGREEMENT IS LIMITED TO THE CONTRACT PRICE OF THIS PRODUCT.
GIGA-TMS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, EXPRESSED OR IMPLIED, EXCEPT AS MAY BE
STATED IN THIS AGREEMENT, AND GIGA-TMS DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GIGA-TMS SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO PERSONS OR PROPERTY.
GIGA-TMS FURTHER LIMITS ITS LIABILITY OF ANY KIND WITH RESPECT TO THE PRODUCT, INCLUDING ANY NEGLIGENCE ON ITS
PART, TO THE CONTRACT PRICE FOR THE GOODS.
GIGA-TMS’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE STATED IN THIS SECTION AND IN THE SECTION RELATING TO
GIGA-TMS’S LIMITED WARRANTY.
