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COTSWORKS Limited Warranty Limited Warranty:
COTSWORKS warrants to the original Customer only (not any lessees, transferees, assignees or other third parties) that the following products will be free from defects in material and workmanship for the stated time periods beginning with the date of purchase: Optical Transceivers: 1 year; Test Equipment: 1 year; cabling: 1 year. This warranty applies only to COTSWORKS Products and excludes any software incorporated therein. In the event that COTSWORKS receives returned COTSWORKS Products with defects in material or workmanship, it will, at its option, repair or replace the Products to whatever extent it deems necessary to restore the Products to proper operating condition or provide a credit or refund of the purchase price or fair market value, whichever is lower. No credit shall be allowed for repair work performed by Customer or unauthorized parties. Replacement parts may be refurbished or repaired. All material and labor required for such a restoration will be provided at no charge when a Product with material or workmanship defects is properly returned within the applicable warranty period under the procedure described herein. This limited warranty does not apply to expendable parts. This limited warranty also does not extend to any Product from which the serial number has been removed or tampered or to any Product that has been damaged, failed, or rendered defective due to accident, misuse, abuse, neglect, improper installation, product modification, or unauthorized repair, attempted repair, or shipping damage. Customer expressly understands and agrees that COTSWORKS does not warrant that any Product is free of claims of patent infringement by any third party, and COTSWORKS disclaims any such warranty or indemnification against patent infringement. Customer acknowledges that neither it nor any third party is authorized to make any other warranties or representations not expressly set forth herein on behalf of COTSWORKS concerning any COTSWORKS Products. COTSWORKS is not responsible for damage that occurs as a result of Customer’s failure to follow the instructions that come with the Product or by operation outside the usage parameters stated in the user documentation that shipped with the Product.
Manufacturer’s Warranties; Non-COTSWORKS Products:
Customer acknowledges that unless it is purchasing a COTSWORKS Product described in the immediately preceding paragraph, only the warranties offered by the manufacturer are available. In purchasing such a product from COTSWORKS, Customer agrees to rely upon the manufacture’s specifications and warranties and is not relying upon any statements, specifications, illustrations, photographs, or other document provided by COTSWORKS. Customer has familiarized itself with the manufacturer’s warranty prior to purchasing the product from COTSWORKS and understands that warranty claims must be presented directly to the manufacturer and not to COTSWORKS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO COTSWORKS’ PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY COTSWORKS, ITS LICENSORS OR REPRESENTATIVES, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND CONFORMITY TO MODELS OR SAMPLES, OR WARRANTY OF NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED, AND DISCLAIMED. THIS DISCLAIMER DOES NOT APPLY TO THIRD PARTY MANUFACTURER’S WARRANTY, IF ANY.
Special Use Limitations:
COTSWORKS PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR FOR USE IN OTHER CRITICAL APPLICATIONS WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE CEO OF COTSWORKS. LIFE SUPPORT DEVICES OR SYSTEMS ARE THOSE WHICH ARE INTENDED TO SUPPORT OR SUSTAIN LIFE AND WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT INJURY TO OR DEATH OF THE USER. CRITICAL COMPONENTS ARE THOSE COMPONENTS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE FAILURE OF A LIFE SUPPORT DEVICE OR SYSTEM OR AFFECT ITS SAFETY OR EFFECTIVENESS. CRITICAL APPLICATIONS ARE THOSE APPLICATIONS THAT MAY INVOLVE POTENTIAL RISK OF DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. COTSWORKS DOES NOT WARRANT THAT THE PRODUCTS IT SELLS WILL WORK IN ALL COMBINATIONS OF HARDWARE AND SOFTWARE SELECTED FOR USE BY THE CUSTOMER, AND COTSWORKS MAKES NO WARRANTY FOR THE DESIGN, FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE OF ANY INTEGRATED SYSTEM THAT INCORPORATES A COTSWORKS PRODUCT.
Limitation on Damages:
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, COTSWORKS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH HEREIN. BUYER PURCHASES AND ACCEPTS COTWORKS’ PRODUCTS SOLELY ON THE BASIS OF THE LIMITED WARRANTY EXPRESSED HEREIN. UNDER NO CIRCUMSTANCES WILL COTSWORKS BE LIABLE BY VIRTUE OF THIS LIMITED WARRANTY OR OTHERWISE FOR ANY CONSEQUENTIAL, INDIRECT, SECONDARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON THE USE OR INABILITY TO USE COTSWORKS’ PRODUCTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK, OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH COTSWORKS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE GREATER OF THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT THAT DIRECTLY CAUSED THE DAMAGE OR $25,000. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Procedures for Repairing or Replacing Product:
Customer may obtain the repair or replacement of any defective Product covered under this limited warranty through COTSWORKS or its authorized representatives only. Customer is responsible for all shipping and handling charges in connection with the performance of this limited warranty. A return merchandise authorization (RMA) number assigned by COTSWORKS and dated proof of purchase must accompany all products submitted for repair or replacement. Please indicate the product’s serial number in all correspondence; an authorization number will not be issued in the absence of a serial number. This limited warranty is void without a return authorization number and dated proof of purchase, and items delivered to COTSWORKS without a return authorization number and dated proof of purchase will be refused. Please contact COTSWORKS at the address and phone number below to receive an RMA. After review by COTSWORKS, the Customer return authorization request will be processed, and an RMA number created. Customer will use this number to return the product to be evaluated back to COTSWORKS. COTSWORKS will process the RMA appropriately and repair, return, or replace the item as appropriate. This limited warranty gives you specific legal rights. You may have other rights which vary from state to state or country to country.
Effective June 4, 2019
749 Miner Road, Highland Heights, OH 44143