12. 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 customized,
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 instructions 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 applicable 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 covered by this
limited warranty for the remaining warranty period for such original Product.
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