TRANSPORTATION COSTS PREPAID,UNDER ARETURN MATERIAL AUTHORIZATION
AND TRACKING NUMBER ISSUED BYTLV.ALLLABOR COSTS,SHIPPING COSTS,AND
TRANSPORTATIONCOSTS ASSOCIATEDWITHTHERETURN OR REPLACEMENT OF
THE CLAIMED DEFECTIVE PRODUCT ARE SOLELY THE RESPONSIBILITY OF BUYER OR
THE FIRST END USER.TLVRESERVESTHERIGHTTOINSPECT ON THE FIRSTEND
USER’S SITE ANY PRODUCTSCLAIMED TO BE DEFECTIVE BEFORE ISSUING A RETURN
MATERIAL AUTHORIZATION. SHOULD SUCH INSPECTION REVEAL,IN TLV’S
REASONABLEDISCRETION, THATTHECLAIMEDDEFECT IS NOT COVERED BY THIS
WARRANTY, THEPARTY ASSERTING THIS WARRANTY SHALL PAYTLVFORTHETIME
AND EXPENSES RELATED TO SUCH ON-SITE INSPECTION.
Exclusion OfConsequential And IncidentalDamages
IT ISSPECIFICALLYACKNOWLEDGED THAT THIS WARRANTY, ANY OTHER EXPRESS
WARRANTY NOT NEGATED HEREBY,AND ANY IMPLIEDWARRANTY NOT NEGATED
HEREBY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR APARTICULAR PURPOSE, DO NOT COVER,AND NEITHER TLV, TII NOR TLVJ WILL
IN ANY EVENT BE LIABLEFOR,INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITEDTO LOST PROFITS, THE COST OF DISASSEMBLY AND
SHIPMENT OF THE DEFECTIVE PRODUCT, INJURY TO OTHER PROPERTY,DAMAGE TO
BUYER’S ORTHE FIRST END USER’S PRODUCT, DAMAGE TO BUYER’SORTHE FIRST
END USER’SPROCESSES, LOSS OFUSE,OR OTHER COMMERCIALLOSSES. WHERE,
DUE TO OPERATION OF LAW, CONSEQUENTIAL AND INCIDENTAL DAMAGES UNDER
THIS WARRANTY, UNDER ANYOTHEREXPRESS WARRANTY NOT NEGATED HEREBY
OR UNDER ANY IMPLIEDWARRANTY NOT NEGATED HEREBY (INCLUDING THE
IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR
PURPOSE)CANNOT BE EXCLUDED, SUCH DAMAGES ARE EXPRESSLY LIMITED IN
AMOUNT TO THE PURCHASE PRICE OF THEDEFECTIVE PRODUCT. THIS EXCLUSION
OF CONSEQUENTIAL ANDINCIDENTAL DAMAGES,AND THE PROVISIONOF THIS
WARRANTY LIMITINGREMEDIES HEREUNDER TO REPLACEMENT, ARE INDEPENDENT
PROVISIONS, AND ANYDETERMINATION THAT THE LIMITATION OF REMEDIES FAILS
OF ITS ESSENTIALPURPOSE OR ANY OTHERDETERMINATION THAT EITHER OF THE
ABOVE REMEDIESIS UNENFORCEABLE,SHALL NOTBE CONSTRUED TO MAKE THE
OTHER PROVISIONS UNENFORCEABLE.
Exclusion Of OtherWarranties
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND
ALL OTHERWARRANTIES, INCLUDING BUT NOTLIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED.
Severability
Any provisionof this warranty which is invalid, prohibited or unenforceable in any
jurisdiction shall,as to such jurisdiction,be ineffective tothe extent of such invalidity,
prohibition or unenforceability withoutinvalidating the remaining provisions hereof,
and any such invalidity,prohibitionor unenforceabilityin any such jurisdiction shall not
invalidate or render unenforceable such provisionin any other jurisdiction.
13901 South Lakes Drive,Charlotte,NC 28273-6790, U.S.A.
Tel: [1]-704-597-9070 Fax: [1]-704-583-1610