Common use of Buyer’s Exclusive Remedy for Defective Goods Clause in Contracts

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement, this Section 8.3 contains Buyer’s exclusive remedy for Defective Goods. During the Warranty Period, with respect to any allegedly Defective Goods, Buyer shall: (a) notify Seller, in writing, of any alleged claim or defect within 5 days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period); and (b) ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s facility located in Scottsdale, Arizona for inspection and testing by Seller. If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by any of the factors described under Section 8.2, then Seller shall reimburse Buyer for return shipping costs and: (a) repair or replace such Defective Goods; and (b) ship to Buyer, at Seller’s expense, the repaired or replaced Goods to the Delivery Location or, only at Seller’s option, Seller may refund to Buyer such amount paid by Buyer to Seller for such Nonconforming Goods returned by Buyer to Seller. Buyer has no right to return for repair, replacement, credit or refund any Good except as set forth in this Section 8.3 (or if otherwise applicable, Section 4.3). In no event shall Buyer reconstruct, repair, alter or replace any Good, in whole or in part, either itself or by or through any third party. THIS SECTION 8.3 SETS FORTH BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH IN SECTION 8.1.

Buyer’s Exclusive Remedy for Defective Goods. Notwithstanding any other provision of this Agreement, this Section 8.3 contains Buyer’s exclusive remedy for Defective Goods. During If BMA determines that the Warranty Period, with respect to any allegedly Defective Goods, Buyer shall: (a) notify Seller, in writing, of any alleged claim or defect within 5 days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period); and (b) ship, at its expense and risk of loss, such allegedly Defective Goods to Seller’s facility located in Scottsdale, Arizona for inspection and testing by Seller. If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Goods are Defective defective and any such defect has not been caused or contributed to by any of the factors described under in Section 8.216.1, then Seller shall reimburse Buyer for return shipping costs and: BMA shall, in its sole discretion and at its expense, either (a) repair or replace such Defective Goods; Goods and (b) ship to Buyer, at Seller’s expense, the Goods Warranty Period for such repaired or replaced Goods to shall be the Delivery Location or, only at Seller’s option, Seller may refund to Buyer longer of three (3) months from the date of such amount paid by Buyer to Seller for such Nonconforming repair or replacement or the expiration of the Goods returned by Buyer to Seller. Buyer has no right to return for repair, replacement, Warranty Period; or (b) credit or refund any Good except as set forth in this Section 8.3 (or the Price of such Goods at the pro rata contract rate provide that, if otherwise applicableBMA so requests, Section 4.3)Buyer shall, at BMA’s expense, return such Goods to BMA. In no event shall Buyer reconstructTO THE EXTENT PERMITTED BY LAW, repair, alter or replace any Good, in whole or in part, either itself or by or through any third party. THIS SECTION 8.3 16.4 SETS FORTH BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLERBMA’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH IN SECTION 8.116.1. AND FOR ANY AND ALL LOSSES, INJURIES, OR DAMAGES CONCERING THE GOODS (INCLUDING CLAIMS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL BMA BE LIABILE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES NOR SHALL BMA BE RESPONSIBLE FOR INSTALLATION, DISMANTLING, OR REINSTALLATION COSTS OR CHARGES. In no event shall any recovery of any kind against BMA be greater in amount than the Price of the Goods.