SILICON MICRO DISPLAY, INC. One (1) Year LIMITED WARRANTY Excerpt from the Terms and Conditions of Sale
8. Limited Warranty
A. Warranty. Subject to the limitations set forth elsewhere in the Terms and Conditions of Sale, SMD warrants to You that for a period of one (1) year from the date of shipment of a Product from SMD (the “Warranty Period”), the Products, under normal use and conditions, will operate in material conformance with applicable SMD specifications or standards that are current at the date of the Order. SMD does not warrant that the Software is free of all defects or that it will operate without interruption. SMD does not warrant that Products will work in combination with third party hardware or software, operate uninterrupted or error free or that non-material defects will be corrected. SMD and its suppliers are not obligated to provide service, upgrades, updates, improvements, or enhancements to SMD's Products beyond those set forth in this Agreement. This warranty does not apply to ordinary wear and tear or to any defect caused by Your failure to: provide a suitable operating environment, use Products for commercial use, use Products for a purpose or in a manner other than that for which they were designed, use Products in hazardous circumstances or any other abuse, misuse, or neglect of the Products by You.
B. Remedy Limitations. The warranties and remedies herein are exclusive, non-transferable, and effective only with respect to the original purchaser of any Products. The warranties and remedies herein do not apply to any Product or any part thereof that (a) has not been serviced, maintained, or upgraded (including all software and firmware associated with it) pursuant to SMD’s recommendations or specifications or as required by SMD; (b) has been damaged by accident, shipment, handling, abuse, misuse, modifications, misapplication, or a failure to exercise due caution in cleaning, maintenance, or operation; or (c) does not comply with the warranty requirements because of the use of non-recommended, non-SMD products or software.
C. Warranty Procedure. You will give notice of warranty failure within thirty (30) days of such failure during the Warranty Period. Within a reasonable period, SMD shall provide an RMA to You. You shall be responsible for shipment of the Product to SMD. SMD shall analyze the failures, making use, when appropriate, of technical information provided by You relating to the circumstances surrounding the failures. SMD will verify whether any defect appears in the Product. If a returned Product is not defective, You shall pay SMD all costs of handling, inspection, repairs and transportation at SMD’s then-prevailing rates. If a returned Product is defective, Your exclusive remedy shall be that SMD shall either repair or replace the defective Product with the same or equivalent Product without charge or SMD shall provide a refund to You, in SMD’s sole discretion. SMD shall ship any replacement Product EXW SMD’s premises (Incoterms 2010), freight prepaid to Your destination. Parts or components may be replaced as deemed necessary solely at SMD’s discretion, with the returnable part or components becoming the property of SMD.
D. Warranty Extension. At the time of purchase of the Product (and not at any other time), You may, at Your option, purchase one (1) additional year of warranty coverage, at a price to be determined from time to time by SMD, as presented in a quotation by SMD for You. Notwithstanding Section 8.A, in the event that You purchase such a warranty extension, the “Warranty Period” for such Product shall be two (2) years from the date of shipment of such Product from SMD.
E. Warranty Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 8, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SMD, ITS SUPPLIERS, LICENSORS, AND REPRESENTATIVES SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGMENT, SAMPLES PREVIOUSLY PROVIDED, SECURITY (OF CONNECTION, ACCESS, OR DATA), OR COURSE OF DEALING. SMD HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY USE OF THE PRODUCTS WILL BE FREE FROM INFRINGEMENT OF THIRD PARTY RIGHTS.