Common use of Hardware Warranties Clause in Contracts

Hardware Warranties. 11.1 VARISCITE warrants to Buyer that VARISCITE’s Products are free from defects in material and workmanship, under normal use and service. Buyer shall promptly notify VARISCITE in writing of any malfunction in any Products under Warranty, which notification and return to VARISCITE of Product under Warranty shall be pursuant to VARISCITE’s prevailing Return Merchandise Authorization (RMA) request to be submitted at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/login. VARISCITE’s obligation under this warranty shall be limited to replacement or repair of Products, free of charge, EXW point of manufacture for which a defect has been substantiated by VARISCITE, for a period of twelve (12) months from date of Product shipment from VARISCITE to Buyer. 11.2 VARISCITE warrants no Product defect that results from improper use, negligence, modification, improper installation, improper product testing methods, repairs made by the Buyer, or other factors outside of VARISCITE’s control. 11.3 Removal of the unique serial number adhesive label on hardware Products shall void any warranty. 11.4 VARISCITE makes no warranty for Products furnished, but not manufactured by VARISCITE, which Products shall be covered by the warranty of the original manufacturer. 11.5 VARISCITE does not warrant the sale of used or reconditioned hardware. 11.6 THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTIES OR LIABILITY ARISING BY LAW OR OTHERWISE, (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND CONSEQUENTIAL DAMAGES.)