Warranties and Disclaimer on Products
Supplier expressly warrants to Buyer and Buyer’s successors, assigns, Buyer’s customers, and users of Products sold by Buyer that all Products, provided under the Order shall be and continue to be: (i) merchantable; (ii) fit for the purpose intended; (iii) new; (iv) free from defects in material and workmanship; (v) free from defects in design if the design is not provided by Buyer; (vi) manufactured in strict accordance and complies with the specifications; (vii) free from liens or encumbrances on title. This express warranty shall not be waived by reason of acceptance of the Product or payment made by Buyer. Supplier also warrants that all items sold or furnished under the Order have been produced, sold, delivered and furnished in compliance with all applicable laws and regulations. Buyer may require Supplier to promptly repair or replace, at Buyer’s option any Product which breach this warranty. Buyer may return ship the Product on the fastest available commercial carrier at Supplier’s expense and risk of loss. Product returned to Buyer hereunder shall be shipped at Supplier’s expense and risk of loss and shall be accompanied by notice stating whether they are new replacements or repaired originals and shall continue to be covered under this warranty. Supplier shall conduct intake, reviews, analysis and any other activity required to evaluate whether the returned Product are covered by the warranty at no expense to Buyer.
Notwithstanding any other provision, in addition to the foregoing, Supplier shall be liable for Buyer’s actual costs, expenses and damages related to or arising from Product not conforming to this warranty, including but not limited to labor and other costs related to transportation of Product, expediting, removal, disassembly, failure analysis, fault isolation, assembly, reinstallation, re-inspection, retrofit, and any and all other such corrective action costs incurred by Buyer.