12. WARRANTY INFORMATION 13. WARRANTY INFORMATION
(a) Limited Warranty. The limited warranty set forth herein applies only to
the Buyer, may be acted upon only by the Buyer, and may not be assigned,
sold or transferred to any third party. Embr warrants only to the Buyer that,
for a period of one (1) year from delivery, the Product shall substantially
conform to Embr’s published specifications as of the date of shipment. The
limited warranty herein shall not apply to (i) any Product that has been cus-
tomized, altered or repaired by any person or entity other than personnel of
Embr or personnel specifically authorized by Embr, (ii) any Product that has
been subjected to abuse, misuse, damage, neglect, or accident beyond
Embr’s published limitations for the Product or other causes external to the
Products (including, without limitation, environmental conditions and power
conditions), (iii) use of the Product in combination with products or software
not supplied by Embr, (iv) any use or operation of the Product other than in
accordance with Embr’s then-current published specifications and instruc-
tions for the Product, or (v) any non-conformities or defects notified by
Buyer to Seller with respect to a Product after the expiration of the applica-
ble warranty period for such Product.
(b) Remedies. Buyer’s sole and exclusive remedy and Seller’s sole and
exclusive liability for a breach of this limited warranty shall be, at Seller’s
option, Seller’s use of its commercially reasonable efforts to repair or
replace the non-conforming Product. If Embr is unable, after reasonable
efforts, to repair or replace such substantially non-conforming Products,
Embr, may, at its sole discretion, elect to refund of an amount not to exceed
the actual payments received by Embr for such Product(s). Buyer shall not
return any Product to Embr without an Embr-issued RMA number; Buyer
shall contact Embr at hello@embrlabs.com to request a return and to obtain
directions for returns of Products. Shipping costs and the risk of loss for a
returned defective Product with a proper RMA number shall be borne by
Embr, and Embr shall assume the risk of loss while the Product is in the
Embr facility. Products that are repaired or replaced by Embr shall be cov-
ered by this limited warranty for the remaining warranty period for such
original Product.
(c) Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WAR-
RANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT
TO THE PRODUCTS, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE
OR DELAY IN SUPPLYING OF THE PRODUCTS, SERVICES RELATED THERE-
TO OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCTS. EMBR
EXPRESSLY DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS OR
IMPLIED, WRITTEN OR ORAL) WITH RESPECT TO THE RESULTS OBTAINED
FROM THE PRODUCT. OUR PRODUCTS DO NOT PROTECT YOU FROM
OVERHEATING OR ANY OTHER HEALTH OR SAFETY RISKS. YOU ARE
SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN HEALTH AND
SAFETY.
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