IDENTIV warrants that all Products delivered hereunder will be free from defects in materials and workmanship for a period ending on twelve (12) months after shipment to Customer (the “Warranty Period”). In the event that any Product shall prove to be defective in materials or workmanship, Customer’s remedy shall be to return the Product to IDENTIV during the Warranty Period, transportation prepaid, for repair, or replacement at IDENTIV’S option, without charge to Customer and, so long as IDENTIV makes one of the foregoing remedies, this warranty will be deemed not to have failed in its essential purpose. Transportation from IDENTIV to Customer shall be via a carrier selected by IDENTIV with all charges borne by IDENTIV. The aforementioned provisions will not extend the original warranty period for any Product, which has been repaired or replaced by IDENTIV.
The above warranty shall not apply to any Product which has been (i) altered, except by IDENTIV or with IDENTIV’S written consent, or (ii) subjected to physical or electric stress, misuse, abuse, negligence or accident.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, IDENTIV MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND IDENTIV SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IDENTIV MAKES NO REPRESENTATIONS EXCEPT AS SPECIFICALLY STATED IN CURRENT IDENTIV AUTHORIZED PRODUCT SPECIFICATION SHEETS.
THE REMEDIES SET FORTH ABOVE ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY AND ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF IDENTIV FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS. IDENTIV’S LIABILITY FOR DAMAGES TO CUSTOMER OR OTHERS RESULTING FROM THE USE OF ANY PRODUCT FURNISHED HEREUNDER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF SAID PRODUCT. IN NO EVENT SHALL IDENTIV BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER.
Customer shall send Products with defects covered by the foregoing warranty to IDENTIV’S address set forth on the front page of an invoice or order acknowledgment or such other address provided by IDENTIV from time to time. Customer shall request authorization from IDENTIV prior to the return of each defective Product for repair or replacement by IDENTIV. Upon such request, IDENTIV shall provide Customer with a Return Material Authorization (“RMA”) number. Within five (5) working days of receipt of the RMA number, Customer shall return the Product with the RMA number prominently displayed on the shipping container of the defective Product. Customer shall ship such Product to IDENTIV’S repair facility, freight prepaid, pursuant to the shipping and other requirements specified by IDENTIV in its RMA. IDENTIV shall, at its sole option and expense, repair or replace such Product, employing at its option, new or used parts or Products to make such repair or replacement, and shall ship the repaired or replaced Product to Customer, freight prepaid. The foregoing states the sole liability and obligation of IDENTIV, and Customer’s exclusive remedy, arising out of this warranty.
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