MicaSense, Inc. Product Warranty

MicaSense, Inc. ("Seller") hereby warrants the products it manufactures to be free from defects in material and workmanship for one (1) year (under normal use and service) from the time of shipment.

This warranty is only applicable to Seller's products that are returned to Seller within one (1) year from the date of shipment and which Seller determines to be defective within the terms of this warranty. Seller's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at Seller's sole option. Any defective product that is replaced shall become the sole property of Seller. Seller reserves the right to elect to refund the purchase price of the defective product to the Buyer in lieu of repairing or replacing the defective product.

Shipping

Seller shall bear reasonable round trip shipping costs of items returned under warranty. If Seller determines that the returned items are not eligible for warranty repair, then Buyer shall be responsible for all shipping costs and all costs of test, evaluation, repairs necessary to complete test and evaluation, and repair or replacement.

Repaired or replaced item warranty

Repaired or replaced items shall be warranted for a period of six (6) months from date of shipment.

Conditions

This warranty does not extend to any product which has been subjected to misuse, abuse, neglect, accident, crash, damage caused by leaking/corroding batteries, improper installation, improper operation, use, operation, or exposure to conditions in violation of instructions furnished by Seller, or which has been disassembled, repaired, or altered by Buyer or persons other than Seller, or which has been subjected to improper voltages, environmental conditions beyond the item specified performance requirements, improper signals, excessive testing, lifetime testing, accelerated lifetime testing, any testing intended to test or evaluate the limits of the item's life time, or testing or operation exceeding the item product specifications.

Not transferable

Unless agreed to in writing by the Seller, this warranty is not transferable by the Buyer to other parties.

Application

This warranty applies only to hardware products manufactured by or for Seller that can be identified by the Seller's trademark, trade name, or logo affixed to them. The warranty does not apply to any non-Seller third-party hardware products or any software, even if packaged, integrated with, or sold with Seller's products.

Software not covered

Software distributed by Seller with or without the Seller's brand name (including, but not limited to system software) is not covered under warranty. Seller will provide available bug fixes, upgrades, functionality improvements, additions or other modifications after shipment of software.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER HEREUNDER AND THE RIGHTS AND REMEDIES OF BUYER HEREUNDER, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. SELLER MAKES NO OTHER WARRANTY BEYOND THOSE EXPRESSLY CONTAINED IN THIS WRITING. SELLER'S LIABILITY WITH RESPECT TO NONCONFORMING OR DEFECTIVE PRODUCT IS LIMITED TO BUYER'S NET CURRENT PURCHASE PRICE, AFTER CASH AND OTHER DISCOUNTS, OF ANY SUCH PRODUCT OR, AT SELLER'S OPTION, TO THE REPAIR OR REPLACEMENT OF SUCH PRODUCT UPON ITS EVALUATION BY SUPPLIER'S TECHNICAL REPRESENTATIVES OR ITS RETURN TO SUPPLIER, TRANSPORTATION CHARGES PREPAID.

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY, SELLER'S TOTAL LIABILITY IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY BUYER TO SELLER. NOTWITHSTANDING ANYTHING ELSE IN THIS WRITING, SELLER SHALL IN NO EVENT BE LIABLE TO BUYER FOR INDIRECT, INCIDENTAL, COLLATERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES SUCH AS BUT NOT LIMITED TO LINE STOP, RECALLS, HARM TO BUSINESS OR BUSINESS REPUTATION, LOSS OF REVENUES, LOSS OF ANTICIPATED SAVINGS OR LOST PROFITS, WHETHER OR NOT FORESEEABLE, AND WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Buyer acknowledges and agrees that Seller's products are not warranted by Seller to be suitable for all applications and purposes.

 

Revision 14006