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WaveTest User’s Manual
Appendix: B
Warranty
LIMITED PRODUCT WARRANTY. (a) Warranty and Return. Seller warrants to Buyer
that each product, as delivered, will substantially conform to Seller’s published specifications
for a period of [one (1) year] from the date such product is delivered to Buyer (such period, the
“Warranty Period”). In the event of a breach of the foregoing warranty during the Warranty
Period, Buyer shall promptly notify Seller by generally describing the nature of the nonconformity in writing. Return of non-conforming products must be made according to Seller’s
then-current return and RMA (Returned Merchandise Authorization) policies, a copy of which
will be provided to Buyer upon request. Upon receipt of such notice from Buyer, Seller shall
take commercially reasonable steps to repair or replace the product or refund to Buyer the
purchase price, at Seller’s option. THE FOREGOING STATES SELLER’S SOLE AND
EXCLUSIVE LIABILITY AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR
PRODUCTS THAT FAIL TO CONFORM TO THIS LIMITED PRODUCT WARRANTY.
All costs related to replacing a non-conforming product during the Warranty Period or
thereafter shall be borne exclusively by Seller.
(b) Warranty Exclusions. The above warranty is contingent upon proper use of the product in
the application for which it was intended and does not apply to any product that is subjected to
unusual physical or electrical stress, misuse, neglect, improper testing or storage, unauthorized
repair, or problems that arise from any use of the products with other products not approved by
Seller. The products are not designed, and no warranty is made with respect to goods used in
devices intended, for use in applications where failure to perform when properly used can
reasonably be expected to result in significant injury (including, without limitation, military or
space applications, navigation, aviation, nuclear equipment, fire fighting or rescue equipment
or for surgical implant or to support or sustain life). Buyer hereby represents and covenants to
Seller and Seller’s suppliers that it will not use or sell any products for any of the foregoing
purposes and Buyer agrees to indemnify, defend, and hold harmless Seller from all claims,
damages and liabilities arising out of a breach of the foregoing restriction.
(c) Disclaimer of Warranty. The above warranty is non-transferable and is made solely to and
for the benefit of Buyer. OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 8(a)
ABOVE AND SECTION 10 BELOW, SELLER MAKES NO WARRANTIES, EXPRESS,
STATUTORY, IMPLIED OR OTHERWISE AND SELLER SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
©VeriWave, Inc. All rights reserved.
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