Ophir-Spiricon warrants that the Goods sold hereunder shall be free from material defects in workmanship or materials and conform in all material respects to Ophir-Spiricon specifications, which are available upon request, or Purchaser’s supplied and accepted specifications, for the following Warranty Period: Two (2) years from the original date of shipment from Ophir-Spiricon for Laser Beam Diagnostic products; and one (1) year from the original date of shipment from Ophir-Spiricon with respect to laser power meters, laser energy meters, laser measurement tools and spectral analysis instruments. This warranty does not cover: (i) Purchaser-furnished materials; and (ii) damage to array sensor. All warranty claims must be submitted in writing to Ophir-Spiricon within the applicable warranty period and all non-conforming Goods must be returned to Ophir-Spiricon, at purchaser’s cost and expense, before Ophir-Spiricon replaces the same or refunds the purchase price to the Purchaser as set forth below. No Goods shall be returned to Ophir-Spiricon without obtaining a Return Material Authorization (RMA) number first which must be clearly marked on the outside of the shipping container. The warranty for products repaired after the expiration date of the new product warranty, as stated above, is limited to the repaired portion and is valid for ninety days from the date of its reshipment.
Ophir-Spiricon’ liability for breach of warranty shall be limited to, in Ophir-Spiricon’ sole discretion, (i) repairing or replacing Goods that Ophir-Spiricon determines do not conform to the foregoing warranty, or (ii) refunding the sales price received by Ophir-Spiricon in respect of the non-conforming Goods. This remedy shall be the Purchaser's sole and exclusive remedy for any defect or nonconformity in the Goods. This warranty extends only to the immediate purchaser from Ophir-Spiricon and does not extend, expressly or impliedly, to any other party.
In no event shall Ophir-Spiricon incur any obligation to repair or replace Goods which are determined by Ophir-Spiricon, at its sole discretion, to be defective due to (i) installation, maintenance, operation, modification, alteration, accident, neglect or use in any way other than in strict compliance with Ophir-Spiricon' published specifications for the Goods, (ii) the failure to maintain appropriate environmental conditions, as communicated by Seller, (iii) as the result of the use of unauthorized parts or repairs, or unauthorized modifications (iv) any repair work on the product that is performed by the Purchaser or any third party on behalf of the Purchaser (other than Ophir-Spiricon), or (v) modification or alteration of the Goods such that Ophir-Spiricon is unable to verify the defect with its standard test equipment.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED HEREIN, THE GOODS ARE SUPPLIED ON AN "AS IS" BASIS AND PURCHASER'S USE OF THE GOODS IS AT PURCHASER'S RISK. OPHIR-SPIRICON DOES NOT MAKE AND HEREBY DISCLAIMS ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES WITH RESPECT TO THE GOODS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NONINFRINGEMENT AND TITLE.