Limited Product Warranty

 

The following warranty is exclusive and in lieu of all other warranties, whether express or implied, or statutory, including, but not by way of limitation, any warranty of merchantability or fitness for any particular purpose.

 

Cirm Optronic warrants that all Products are, at the time of shipment to the Buyer, free of material and workmanship defects, provided that no warranty is made with respect to:

 

(1)    Any Product which has been repaired or altered, by Buyer, its agents or employees, or any third party not under control of Cirm Optronic, in such a way, in Cirm Optronic's judgment, as to affect the Product adversely.

 

(2)    Any Product which has, in Cirm Optronic's judgment, been subject to negligence, accident or improper storage or transport by Buyer, its agents or employees, or third party not under control of Cirm Optronic.

 

(3)    Any Product which has not been installed, operated and maintained in accordance with normal practice and in conformity with recommendations and published specifications of Cirm Optronic.

 

 

WAIVER OF DEFECTS BY RETENTION. Upon discovery of a defect, the Buyer shall notify Cirm Optronic in writing with 10 days following its discovery of the defect, any claim that Buyer may have with respect to any Products delivered hereunder, and failure to give such notice within the specified time shall constitute trial and unqualified acceptance and waiver of all claims and warranties with respect to the Products.

 

LIMITATION OF DAMAGES.  Upon receipt of notice from Buyer of-conforming Product.  Cirm Optronic may inspect such Products at Buyer's location, installation or require that they be returned to Cirm Optronic F.O.B. Company's Headquarters, Manufacturing location or Warehousing location.  At it's option, Cirm Optronic shall repair, replace or refund the purchase price of any non-conforming Products for a period of 12 months from the date of shipment of the products to Buyer, and such obligations shall be the full extend of Cirm Optronic's liability for breach of warranty.  Cirm Optronic's liability with respect to any material not of Cirm Optronic's manufacture shall be limited to the liability assumed by the vendor (s) of such material.  Repairs to, alterations of, or work done on Products warranted by Cirm Optronic but without Cirm Optronic prior written authorization shall void Cirm Optronic's warranty on the Product.

 

The Buyer consents that the exclusive value of any legal action which in any way concerns the Products will be the Supreme Court, at where the F.O.B. point location, County, State at. The parties further agree that all disputes are governed by F.O.B. point State Law, and must be commenced within 12 months of the date of the shipment of the Products to Buyer.  Moreover, if Cirm Optronic brings a claim or counterclaim against Buyer, Buyer agrees that Cirm Optronic may recover from the Buyer all reasonable cost and attorneys fees.