Product Warranty
15
Product Warranty
Performance Technologies, Incorporated, warrants that its products sold hereunder will at the
time of shipment be free from defects in material and workmanship and will conform to
Performance Technologies’ applicable specifications or, if appropriate, to Buyer’s specifications
accepted by Performance Technologies in writing. If products sold hereunder are not as
warranted, Performance Technologies shall, at its option, refund the purchase price, repair, or
replace the product provided proof of purchase and written notice of nonconformance are
received by Performance Technologies within 12 months of shipment, or in the case of
software and integrated circuits within ninety (90) days of shipment and provided said
nonconforming products are returned F.O.B. to Performance Technologies’s facility no later
than thirty days after the warranty period expires. Products returned under warranty claims
must be accompanied by an approved Return Material Authorization number issued by
Performance Technologies and a statement of the reason for the return. Please contact
Performance Technologies, or its agent, with the product serial number to obtain an RMA
number. If Performance Technologies determines that the products are not defective, Buyer
shall pay Performance Technologies all costs of handling and transportation. This warranty
shall not apply to any products Performance Technologies determines to have been subject to
testing for other than specified electrical characteristics or to operating and/or environmental
conditions in excess of the maximum values established in applicable specifications, or have
been subject to mishandling, misuse, static discharge, neglect, improper testing, repair,
alteration, parts removal, damage, assembly or processing that alters the physical or electrical
properties. This warranty excludes all cost of shipping, customs clearance and related charges
outside the United States. Products containing batteries are warranted as above excluding
batteries.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS,
IMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS. IN NO EVENT SHALL PERFORMANCE TECHNOLOGIES BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO BREACH OF THIS WARRANTY
OR ANY OTHER OBLIGATION UNDER THIS ORDER OR CONTRACT.
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