MANUFACTURER’S REPRESENTATIONS AND WARRANTIES

These Representations and Warranties are applicable to all customers (collectively, the “Customers” and each, individually, a “Customer”) purchasing products (the “Products”) manufactured by Schlegel Elektronik GmbH & Co KG (the “Company”).

Warranty and Limitations:

The Company warrants solely to the Customer that for the Warranty Period (as defined below), the Products will be free from defects in materials and workmanship under normal use and will conform to the Company’s published specifications of the Products and the Product’s operating manual, if applicable. Notwithstanding the foregoing, the Company retains its right to deviate from its published specifications due to the latest innovations of the Products. The warranties set forth herein shall not apply in the event of any modifications, installations or other technical alternations on the Product performed by or on behalf of the Customer.

The foregoing warranty is subject to the proper storage, transportation and use of the Products, and does not include defects due to normal wear and tear or deterioration.

The Company further does not warrant: (a) defects caused by failure to provide suitable installation environment for the Products, (b) damage caused by use of the Products for purposes other than those for which it was purchased, (c) damage caused by disasters such as fire, flood, wind, and lightning, (d) damage caused by unauthorized alterations of the Products or modifications to the Products without the prior written consent of the Company, (e) any other abuse or misuse by the Customer, including improper installation; or (f) goods which have been damaged by the Customer or its customers. In the event, the delivery of the Products varies by -/+ ten percent (10%), the Order shall be deemed completed and shall not constitute a defect in materials and workmanship under normal use pursuant to Section 1.1.

The Customer shall immediately, but in any event no later than thirty (30) days following delivery of the Products, inspect the Products for conformity and visible defects. The Customer shall give the Company immediate written notice of any non-conformities or visible defects regarding the Products. In the event that the Customer fails to provide the Company within thirty (30) days following delivery of the Products with notice of any non-conformities or visible defects, any warranty claims in this regard shall be deemed waived.

The Customer shall immediately notify the Company in writing of any other defects of the Products and return such defective Products. Prior to any shipment of a defective Product, the Customer shall contact the Company first at the address provided in 1.10. The Company’s sole obligation under the foregoing warranty is, at the Company’s option and in its sole discretion, to replace or exchange the defective the Product or to refund the purchase price. Any replaced or exchanged Products shall be subject to this warranty, following their replacement or exchange. If the Company has received notification from the Customer, and no defects of the Products could be discovered, the Customer shall bear the costs that the Company incurred as a result of the notice. It shall be in the Company’s sole discretion to determine if the Products have a defect.

With respect to orders made to custom, any defects of the Products caused by the Customer’s specifications are excluded from the warranty set forth in 1.1.
The Company also makes no warranty that the Products manufactured under an order made to custom do not infringe the intellectual property or other proprietary rights of any third party and the Customer is solely responsible for assuring that such Products do not so infringe.

The “Warranty Period” begins on the date of delivery of the Products to the Customer and continues to be in effect for thirtysix (36) months. The “Warranty Period” shall be suspended for the time of repair, replacement or exchange until the exchanged or replaced product has been returned to the Customer.

The Company does not authorize any person or party to assume or create for it any other obligation or liability in connection with the Products except as set forth herein.
All requests and notices under this Warranty shall be directed to:

Schlegel USA Inc
Attn. Quality Assurance
Email: quality@schlegel.us

THE WARRANTY SET FORTH IN SECTION 1.1 IS MADE IN LIEU OF ALL OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED), RIGHTS OR CONDITIONS, AND THE CUSTOMER ACKNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED “AS IS.” THE COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

Limitation of Liability:

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIALDAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY THE CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN AGREEMENT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN THE COMPANY AND THE CUSTOMER, THAT THE COMPANY’S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.