|
|
| OPHIR OPTRONICS - LIMITED WARRANTY |
 |
Ophir Optronics.
("Ophir") values your business and always attempts to provide you
the very best of products and services
| 1. |
Warranty Period: All Ophir products carry
a Limited Warranty Period of one (1) year unless indicated otherwise.
The warranty period starts on the day of the original shipment
from Ophir or Ophir authorized distributor.
|
| 2. |
Functionality: Ophir warrants that each
product under this Limited Warranty is free from defects in
materials and workmanship and conforms to Ophir official specifications
which are available on request.
|
| 3. |
Return Material Authorization (RMA): No
Product may be returned directly to Ophir without first contacting
Ophir according to the information available on Ophir web site
(click here to download) for a Return Material Authorization
("RMA") number. If it is determined that the Product may be
defective, an RMA number will be given to you and instructions
for Product return. An unauthorized return, or return for which
an RMA number has not been issued, will be returned to you at
your expense. Authorized returns are to be shipped prepaid and
insured to the address on the RMA in an approved shipping container.
Your original box and packaging materials should be kept for
storing or shipping your Product. Ophir, at its sole discretion,
shall be entitled to repair or replace the defective parts or
Product, in accordance with Ophir's procedures, ship it back
to you and at no charge to you, provided that all invoices issued
full by you.
|
| 4. |
This Warranty Does Not Cover defects or damages
caused by: (i) installation, maintenance, operation, modification,
alteration, accident, neglect or use in any way other than in
strict compliance with Ophir's published specifications therefore,
(ii) the failure to maintain appropriate environmental conditions,
as communicated by Ophir, (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
you or any third party on behalf of you (other than Ophir),
or (v) is modified or altered such that Ophir is unable to verify
the defect with its standard test equipment. Ophir will make
the final determination as to the existence and cause of any
alleged defect. If any warranty claim falls within any of the
foregoing exclusions, you shall pay Ophir's then current rates
and charges for any repair work performed with respect thereto.
Under no circumstances shall Ophir be liable to compensate you
in damages or otherwise for non-delivery or late delivery of
the Products or damages incurred after the delivery of the Products
to the carrier.
|
| 5. |
Exclusive Remedy. The remedy stated in
Section 3 herein constitutes your sole and exclusive remedy
for any defect or nonconformity in the Product. The warranty
may be modified or amended only by a written instrument that
is signed by a duly authorized officer of Ophir and accepted
by you.
|
| 6. |
Warranty Disclaimer. EXCEPT FOR THE LIMITED
WARRANTY SET FORTH IN SECTION 3 (3) HEREIN, THE PRODUCT IS PROVIDED
ON AN "AS IS" BASIS, AND YOUR USE OF THE PRODUCT IS AT YOUR
OWN RISK. OPHIR DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND
ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES WITH RESPECT TO
THE PRODUCT PURCHASED BY YOU, WHETHER FOR YOURSELF OR ON BEHALF
OF THIRD PARTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A COURSE
OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NONINFRINGEMENT
AND TITLE. OPHIR DOES NOT WARRANT THAT THE PRODUCT WILL MEET
YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED
OR ERROR FREE.
|
| 7. |
Exclusion of Consequential Damages. IN
NO EVENT SHALL OPHIR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFIT, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS
OF LOST OR DAMAGED DATA OR DOCUMENTATION, COST OF REMOVAL AND
REINSTALLATION OF GOODS, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS,
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE OR OTHER
ECONOMIC LOSS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSSES AND WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT
OF TORTIOUS CONDUCT, BREACH OF CONTRACT OR OTHERWISE.
|
| 8. |
Limitation of Liability. OPHIR'S TOTAL
LIABILITY FOR EACH DEFECTIVE PRODUCT, INCLUDING WITHOUT LIMITATION
INTELLECTUAL PROPERTY INDEMNIFICATION, SHALL NOT EXCEED THE
PURCHES PRICE OF PRODUCT.
|
| 9. |
Beneficiaries. This warranty extends only
to the immediate purchaser from Ophir or its official representative
and does not extend, expressly or impliedly, to any other party.
|
|
|
|
