Logic specifications and are free from defects in material and workmanship when used under normal operating conditions and within the service conditions for which they were furnished. The obligation of Wave Logic hereunder shall expire one (1) year after replacing without charge, any such product which in Wave Logic’s sole opinion proves to be defective within the scope of this Warranty. In the event Wave Logic is not able to repair or replace defective products or components within a reasonable time after receipt thereof, buyers shall be credited for their value at the original purchase price. Wave Logic must be notified in writing of the defect or nonconformity within the warranty period and the affected product returned to Wave Logic factory within thirty (30) days after discovery of such defect or nonconformity. Shipment shall not be made without prior authorization by Wave Logic. This is Wave Logic’s sole warranty with respect to the products delivered hereunder. No statement, representation, agreement or understanding oral or written, made by an agent, distributor, representative, or employee of Wave Logic which is not contained in this warranty, will be binding upon Wave Logic, unless made in writing and executed by an officer of Wave Logic. Wave Logic makes no other warranty of any kind whatsoever, expressed or implied, and all implied warranties of merchantability and fitness for a particular use which exceed the afore stated obligation are hereby disclaimed by Wave Logic and excluded from this agreement. Under no circumstances shall Wave Logic be liable to buyer, in contract or in tort, for any special, indirect, incidental, or consequential damages, expenses, losses or delay however caused. Equipment or parts which have been subject to abuse, misuse, accident, alteration, neglect, unauthorized repair or installation are not covered by warranty. Wave Logic shall make the final determination as to the existence and cause of any alleged defect. No warranty is made with respect to custom equipment or products produced to buyer’s specifications except as specifically stated in writing by Wave Logic in the contract for such custom equipment. This warranty is the only warranty made by Wave Logic with respect to the goods delivered hereunder, and may be modified or amended only by a written instrument signed by a duly authorized officer of Wave Logic and accepted by the buyer. |