TRANSPORTATION COSTS PREPAID,UNDER ARETURN MATERIAL AUTHORIZATION
AND TRACKING NUMBERISSUED BYTLV.ALLLABOR COSTS, SHIPPING COSTS, AND
TRANSPORTATIONCOSTSASSOCIATEDWITH THE RETURN OR REPLACEMENT OF
THE CLAIMED DEFECTIVE PRODUCT ARE SOLELY THE RESPONSIBILITY OF BUYER OR
THE FIRST END USER. TLVRESERVES THERIGHT TOINSPECT ON THE FIRSTEND
USER’S SITE ANY PRODUCTSCLAIMED TO BE DEFECTIVE BEFORE ISSUINGARETURN
MATERIAL AUTHORIZATION. SHOULD SUCH INSPECTION REVEAL,IN TLV’S
REASONABLE DISCRETION, THAT THE CLAIMEDDEFECT ISNOT COVERED BYTHIS
WARRANTY, THEPARTY ASSERTING THIS WARRANTY SHALL PAY TLV FOR THE TIME
AND EXPENSES RELATED TO SUCH ON-SITE INSPECTION.
Exclusion OfConsequentialAnd IncidentalDamages
IT IS SPECIFICALLYACKNOWLEDGED 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 LIABLE FOR, 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 FIRSTEND USER’S PRODUCT, DAMAGE TO BUYER’SOR THEFIRST
END USER’SPROCESSES,LOSS OFUSE,OR OTHER COMMERCIALLOSSES. WHERE,
DUE TO OPERATION OF LAW, CONSEQUENTIAL AND INCIDENTAL DAMAGES UNDER
THIS WARRANTY, UNDER ANY OTHER EXPRESS WARRANTY NOT NEGATED HEREBY
OR UNDER ANY IMPLIEDWARRANTY NOT NEGATED HEREBY (INCLUDING THE
IMPLIEDWARRANTIES OF MERCHANTABILITY ANDFITNESS 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 THEPROVISIONOF THIS
WARRANTY LIMITINGREMEDIES HEREUNDER TO REPLACEMENT, ARE INDEPENDENT
PROVISIONS, AND ANY DETERMINATIONTHAT THE LIMITATION OF REMEDIES FAILS
OF ITS ESSENTIALPURPOSEOR ANY OTHER DETERMINATION THAT EITHER OF THE
ABOVE REMEDIESISUNENFORCEABLE,SHALL NOT BE CONSTRUED TO MAKE THE
OTHER PROVISIONS UNENFORCEABLE.
Exclusion Of Other Warranties
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND
ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED.
Severability
Any provision of this warranty which is invalid, prohibited or unenforceable in any
jurisdiction shall,as to such jurisdiction,be ineffective tothe extent of suchinvalidity,
prohibition or unenforceability withoutinvalidating the remaining provisions hereof,
and any such invalidity,prohibitionor unenforceabilityin any such jurisdiction shall not
invalidate or render unenforceable such provision in anyother jurisdiction.
13901 South Lakes Drive,Charlotte, NC 28273-6790, U.S.A.
Tel: [1]-704-597-9070 Fax: [1]-704-583-1610
