- Subject to the conditions, limitations, and exclusions set forth in this Agreement, TRANSTEX warrants to Buyer that the Product and Accessories will be free from defects in materials and workmanship for the following periods: 3 years from the date of purchase for the Product, but only 1 year from the date of purchase for the Accessories (such periods, in either case as applicable, a “Warranty Period” and such warranty, the “Limited Warranty”).
DISCLAIMER; LIMITATIONS OF LIABILITY
- EXCEPT FOR THE LIMITED WARRANTY, TRANSTEX MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS FOR THE E-SMART SOLUTION. THE LIMITED WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TRANSTEX MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE E-SMART SOLUTION. THE REMEDY SET FORTH IN SECTION 10(h) SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE LIMITED WARRANTY. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE E-SMART SOLUTION OR EXTEND OR ENLARGE THE LIMITED WARRANTY CONTAINED HEREIN.
- WITH THE LIMITED EXCEPTION OF THE REMEDIES FOR BREACH OF THE LIMITED WARRANTY EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES WILL TRANSTEX BE LIABLE FOR ANY INJURIES, LOSSES, OR DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF TRANSTEX IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THE E-SMART SOLUTION. DAMAGES FOR WHICH TRANSTEX WILL NOT BE LIABLE INCLUDE BUT ARE NOT LIMITED TO ANY LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF DATA, IN EACH CASE WHETHER BASED ON ANY ALLEGED BREACH OF CONTRACT OR ON ANY OTHER ALLEGED CONDUCT (WHETHER NEGLIGENT OR OTHERWISE) GIVING RISE TO SUCH CLAIM. TRANSTEX SHALL NOT BE LIABLE FOR ANY CLAIMS MADE BY A PERMITTED USER OR A THIRD PARTY OR MADE BY BUYER FOR A PERMITTED USER OR A THIRD PARTY.
- THE LIMITED WARRANTY SET FORTH ABOVE IS NOT TRANSFERABLE.
- NO SUIT OR ACTION SHALL BE BROUGHT AGAINST TRANSTEX MORE THAN 1 YEAR AFTER THEACCRUAL OF THE CAUSE OF ACTION.5
- THE TRANSTEX MATERIALS ARE PROVIDED “AS IS” AND, IN ADDITION TO THE DISCLAIMERS SET FORTH IN THIS SECTION, TRANSTEX MAKES NO WARRANTY OF ANY KIND THAT THE TRANSTEX MATERIALS, OR RESULTS OF THE USE THEREOF, WILL MEET BUYER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE OR SYSTEM OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
- TRANSTEX shall not be liable for a breach of the Limited Warranty unless Buyer: (i) delivers written notice of a claim of a defect in a Product or Accessory, including sufficient detail and evidence to assess the claim, to TRANSTEX within the Warranty Period and within 15 days of discovery of the defect and (ii) complies with TRANSTEX’s reasonable instructions regarding the inspection and return of the defective Product or Accessory, including (if applicable) allowing TRANSTEX personnel to inspect the Product or Accessory as installed in the applicable Vehicle.
- With respect to Products and Accessories, TRANSTEX shall not be liable for a breach of the Limited Warranty if:
- the defect arose because Buyer or the Permitted Users failed to follow TRANSTEX’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or Accessory;
- TRANSTEX determines that the Product or Accessory has been serviced, altered or repaired by anyone not certified by TRANSTEX to provide such services; or
- TRANSTEX determines the Product or Accessory was damaged as a result of a collision, improper use or misuse, misapplication, abusive operation, insufficient care, negligence, lack of proper upkeep, use of improper tools or substances on the components, or modifications made to the Product or Accessory without the authorization of TRANSTEX.
- Buyer’s sole remedy and TRANSTEX’s sole liability for a breach of the Limited Warranty shall be, at TRANSTEX’s option, to
- repair or replace the malfunctioning Product or Accessory with a similar item at no charge or
- refund the purchase price of the applicable Product or Accessory, pro-rated for the duration left on the Warranty Period at the time TRANSTEX was notified of the defect.