© 2023 Carrier 78
NOTICE
When Fireye products are combined with equipment manufactured by others and/or integrated into
systems designed or manufactured by others, the Fireye warranty, as stated in its General Terms &
Conditions of Sale, pertains only to the Fireye products and not to any other equipment or to the
combined system or its overall performance.
WARRANTIES, EXCLUSIVE REMEDIES, AND LIMITATION OF DAMAGES
Fireye guarantees for one year from the date of installation or 18 months from the date of manufacture,
whichever occurs first, to replace, or at its option, to repair any product or part thereof which Fireye, in
its sole discretion, deems to be defective in material or workmanship or which otherwise fails to conform
to the description of the product on the face of its sales order. Fireye’s obligations pursuant to this
warranty do not extend to any products or parts thereof which Fireye determines to have been installed,
operated, maintained, repaired, or altered improperly or otherwise than in conformity to Fireye’s
applicable instructions, or which have been subject to misuse, accident, or neglect.
THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SPECIFICALLY
STATED IN THESE TERMS AND CONDITIONS OF SALE, REMEDIES WITH RESPECT TO ANY PRODUCT OR PART
MANUFACTURED OR SOLD BY FIREYE, OR WITH RESPECT TO ANY BREACH OF OR DEFAULT UNDER THIS
CONTRACT (INCLUDING ANY BREACH OF WARRANTY), SHALL BE LIMITED EXCLUSIVELY TO THE RIGHT TO
REPLACEMENT OR REPAIR F.O.B. FIREYE MAIN WAREHOUSE LOCATION, AS ABOVE PROVIDED. IN NO EVENT
SHALL FIREYE BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY NATURE WHICH MAY ARISE IN
CONNECTION WITH SUCH PRODUCT OR PART OR ANY BREACH OF OR DEFAULT UNDER THIS CONTRACT. TO
THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF FIREYE HEREUNDER WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO ONE TIMES THE CONTRACT VALUE,
PROVIDED HOWEVER THE FOREGOING LIMITATION DOES NOT LIMIT THE LIABILITY OF FIREYE FOR ANY INJURY
TO, OR DEATH OF A PERSON, CAUSED BY THE GROSS NEGLEGENCE OF FIREYE.