Warranty & Return Policies
Warranties & Defects:oVOS warrants for a period of 30 days following delivery of the AT Products to the End User Customer (the “Warranty Period”) that the AT Products shall be free from material defects in materials and workmanship (the “VOS Warranty”). VOS’s sole obligation under this warranty shall be to repair or replace such AT Products at no charge to Purchaser. The AT Products must be returned to VOS (with Vos’s authorization and at VOS’s cost) in order to receive warranty repair or replacement (unless VOS determines such return is not necessary) and shall become VOS’s property. For a warranty claim to be made, Purchasermust follow the procedures established by VOS from time to time. VOS reserves the right to changethe VOS Warranty, at any time, upon written notice to Purchaser, provided, however, that, with respect to each AT Product, the VOS Warranty which is in effect as of the date of the order for that AT Product shall continue to apply. The VOS Warranty sets forth the sole remedy for any AT Product that does not meet the VOS’s Warranty. oPurchasershall have fifteen (15) business days following receipt of the AT Products in which to notify VOS in writing of any discrepancy in the shipment quantity or visible damage or defect to such AT Products. VOS will use diligent efforts to correct any discrepancies within a reasonable time after being notified thereof. oPurchaser’s failure to so notify VOS shall be deemed conclusive proof that the AT Products were not defective and that there were no discrepancies in the quantity and shall constitute an irrevocable waiver of all such claims against VOS.oPurchaserwill report promptly to VOS all claimed or suspected AT Product defects, but in every event within ten (10) business day. Purchaserwill make reasonable efforts to complete additional information requests from VOS in the event of events which in VOS’s sole judgment are serious adverse events.•Claims:oPurchaserwill notify VOS in writing of any claim or proceeding involving AT Products no later than ten (10) business days after Purchaserlearns of such claim or proceeding. •Additional Warranty Information:oTHE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, TO A PARTY, ANY END USER OR THIRD PARTY (INCLUDING CUSTOMERS OF RESELLER), WHETHER EXPRESS OR IMPLIED, AND EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. oRESELLER SHALL NOT HAVE THE RIGHT TO MAKE OR PASS ON, AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER IT NOR ANY OF ITS EMPLOYEES OR AGENTS MAKES OR PASSES ON, OR ATTEMPTS TO MAKE OR PASS ON, ANY SUCH REPRESENTATION OR WARRANTY ON BEHALF OF VOS TO ANY END USER OR THIRD PARTY (INCLUDING, WITHOUT LIMITATION, END USER CUSTOMERS); EXCEPT IN EACH CASE, THE VOS WARRANTY.oTHE LIABILITY OF VOS, IF ANY, FOR DAMAGES RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY RESELLER TO VOS DURING THE CALENDAR YEAR IN WHICH THE DEVICE RELATED TO THAT CLAIM WAS PURCHASED HEREUNDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INLCUDING WITHOUT LIMITATION LOST PROFITS OR REVENUE), EVEN IF A PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.