INFORCE COMPUTING WARRANTY STATEMENT
SMART WIRELESS COMPUTING WARRANTY STATEMENT
Except as otherwise noted in SMART Wireless Quote or Product Proposal, SMART Wireless warrants that any product sold pursuant to this MOU shall for a period of one (1) year from the initial date SMART Wireless delivers said product to Buyer, be free from defects in material and workmanship, and materially conform the Product Specifications. SMART Wireless’s warranty does not cover malfunctions, failures or defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than SMART Wireless or an authorized agent of SMART Wireless. SMART Wireless does not warrant documentation or third party products. SMART Wireless’s warranty with respect to Products extends only to the original purchaser, Buyer and may not be reassigned. Prior to shipping any Product back to SMART Wireless, Buyer shall ensure that such Product is defective and shall obtain a Return Material Authorization (“RMA”) number from SMART Wireless. Buyer shall include the RMA number on the outside packaging of such returned Product and shall also include with such returned Product a written statement bearing the RMA number and specifying the defect for which the Product is being returned. Buyer shall pay the shipping costs for returning the Product to SMART Wireless, and, shall assume any and all risk of loss of or damage to the Product during shipping. For any defective Products which returns to SMART Wireless under warranty during the warranty period and in compliance with the terms and conditions set forth with this statement, SMART Wireless shall, in its sole discretion and its option, either repair or replace the Products found to be defective, or, issue a credit or refund to Buyer in the amount of purchase price paid for such defective Product(s). If SMART Wireless elects to repair or replace a Product, SMART Wireless shall pay the shipping costs to return said Product to the location from which it was returned by Buyer, but Buyer shall bear any and all risk of loss of or damage to said Product at all times after said Product is made available SMART Wireless to the common carrier, or to Buyer, if said Product is to be picked up by Buyer. Title any Product returned under warranty shall at all times remain with Buyer unless and until SMART Wireless either replaces such Product, or credits or refunds Buyer account for the price of such Product in lieu of repair or replacement, at which time title to said Product shall pass to SMART Wireless. Any Product which has been returned, but which SMART Wireless determines not to be defective, or which has defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than SMART Wireless, shall be returned to Buyer at Buyer’s sole expense and risk. Defective Product returned under warranty shall be repaired, replaced, or credited to Buyer within 15 business days of receipt by SMART Wireless at its return facility. Repaired defective Product will be delivered to Buyer and the warranty period for the Product will continue until the end of the original warranty period or 90 days from the date of the shipment to Buyer, whichever is longer.
SMART WIRELESS COMPUTING MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND SMART WIRELESS COMPUTING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.