shipment from Seller's facility. For the EPT-Series Li-ion Battery (25.2V 3.0A), the seller warrants that the Goods will be free of defects in materials or workmanship, under normal use and service, for a period of six (6) months from date of shipment from Seller's facility. The liability of Seller under the foregoing warranty is limited, at Seller's option, solely to repair or replacement with equivalent Goods, or an appropriate credit adjustment not to exceed the sales price to Purchaser. This warranty will apply only if (a) Purchaser notifies Seller in writing, within the warranty period, promptly upon discovery of defects, with a detailed description of such defects and the affected Goods, (b) Purchaser has obtained a Return Materials Authorization ("RMA") from Seller which RMA Seller agrees to issue to Purchaser promptly after Purchaser provides Seller's Customer Service Department with the original purchase order number and invoice number and date, (c) the defective Goods are returned to Seller within twenty days after the issuance of the RMA, with the RMA shown on each shipping carton, transportation and other applicable charges prepaid by Purchaser, and (d) Seller's examination of such Goods discloses to its reasonable satisfaction that defects were not caused by negligence, misuse, improper installation, improper maintenance, accident or unauthorized repair or alteration. The original warranty period for any Goods which have been repaired or replaced by Seller will not thereby be extended. Unless otherwise indicated in the RMA, defective products should be shipped to Seller at the following address: Returns Processing Center, Mountz, Inc., 19051 Underwood Road, Foley, AL 36535. THE FOREGOING WARRANTY IS PROVIDED EXPRESSLY IN LIEU OF, AND SELLER HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY OR ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER'S PART RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SELLER ANY OTHER LIABILITY. 8. Limitations of Liability The remedies set forth in Sections 6 and 7 above constitute Purchaser's sole and exclusive remedies for nonconforming or defective Goods. In no event, including without limitation if Goods are nonconforming, defective, infringing, delayed, or not delivered, will Seller be liable for any special, contingent, incidental, indirect, or consequential damages (collectively, "Excluded Damages"), even if Seller has been advised of the possibility of such damages, whether under a contract, tort, warranty, property, or other legal theory. Excluded Damages include, but are not limited to, personal injury, property damage, anticipated profits, labor expended, delays, loss of use, and goodwill. In no event will Seller's aggregate liability to Purchaser, and all third parties, relating to or arising out of any Goods, exceed the purchase price of the Goods. 9. Returns Goods may be returned to Seller, for refund, shipping charges prepaid, within thirty (30) days from date of shipment from Seller's facility. Shipping charges, and any charges for calibration, certification or other services, will not be refunded. In order to be eligible for refund, returned Goods must be in new condition, in all original packaging, and include all documentation, accessories and parts that were included in the original shipment. If returned Goods do not meet the above requirements, Seller may in its discretion issue a partial refund, or return such Goods to Purchaser at Purchaser's expense. Notwithstanding the above, discontinued Goods, custom Goods, and special order Goods, including Goods assembled to Purchaser's requirements, may not be returned for refund or credit. 10. Tooling and Designs All tooling, molds, fixtures, specifications, drawings, designs, data, information, methods, patterns, descriptions, programs, software, ideas and/or inventions made, used, conceived, developed or acquired by Seller incident to its performance hereunder, and all patent, trade-secret, know-how, copyright or other proprietary rights therein, will be the exclusive property of Seller. No part of the purchase price of any Goods delivered by Seller will be deemed consideration paid for any of the foregoing. 11. Government Contracts If any purchase order indicates that the purchase is being made for use under a U.S. Government Contract, only those terms and conditions which are made mandatory by federal statute or regulation for inclusion in fixed price supply subcontracts covering standard commercial proprietary items sold to the public will be deemed incorporated herein by reference. Any other (nonmandatory) terms and conditions of the prime Government contract which are intended to be included herein must be set forth in a separate written document signed by an authorized officer of Seller in order to be binding on Seller. 12. No Application to Licensed Products or Engineering Services These Standard Terms and Conditions only apply to the sale of the Goods, and not to any software or other products licensed to Purchaser or engineering services performed by Seller. All product licenses are governed by the terms and conditions contained in the license agreements covering such licensed products, and engineering services are governed by separate engineering services agreements. 13. Changes Seller reserves the right to discontinue or modify any particular Goods at any time without prior notice. Prices and terms shown in any quotation issued by Seller shall apply only for the period indicated in the quotation and if there is no such indication, then for a period of fifteen (15) days. 14. General These Standard Terms and Conditions will be governed by, and construed in accordance with, the laws of the State of California applied to agreements between California residents entered into and to be performed entirely in California. Any lawsuit to interpret or enforce this agreement may be brought only in Santa Clara County, California and Seller and Purchaser hereby consent to the
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Mountz - “The Torque Tool Specialists ® ”
January 1, 2024
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