1.1 Beyond Electronics Corp (BEC) warrants to the Customer that BEC products and services sold will be free from material defects in material, workmanship and title and will materially conform to any mutually agreed upon specifications (or, if there are no such agreed specifications, the specifications provided by BEC). If such BEC products or Services do not meet the foregoing warranties, and the Customer promptly notifies BEC within the applicable warranty period set forth in section 1.2 below (other than for warranty of title) and returns such product to BEC pursuant to BEC’s applicable Repair and Replacement Policy, BEC will correct any such failure by repairing any defective portion of the services and with respect to products, at its option, (i) by repairing any defective or damaged part or parts of the products, or (ii) by making available, BEC facility or other point of shipment any necessary repaired or replacement parts. Inbound shipping charges to BEC shall be paid by Customer. Return (outbound) warranty repair shipping charges shall be paid by BEC to Customer’s destination. If in BEC’s reasonable judgment such repair or replacing of products or re-performance of services is not practicable, BEC shall credit monies paid by Customer for such products or services or, with respect to services, furnish without charge, services in an amount essentially equal to those which, in BEC’s sole judgment, would have been required for re-performance.
1.2 The warranty period for BEC Products shall be one (1) year from the date of shipment, except as follows: (a) one (1) year from the date of shipment for any such products in a BEC-provided system which integrates hardware and software into a common platform or enclosure and which contains any assembly not owned, designed and manufactured by BEC; (b) one (1) year from the date of shipment for end of life (EOL) products; and (c) ninety (90) days from the date of shipment for all replacement or repaired products or parts, or the termination of the warranty period with respect to the original product or part for which the replacement parts were supplied or the repairs were made during the original warranty period, if sooner. The warranty period for Services shall be ninety (90) days from the completion of the Services.
1.3 The warranties and remedies set forth herein are conditioned upon: (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of BEC; (b) the absence of repairs, modifications or alterations not authorized by BEC; and (c) Customer promptly notifying BEC of any defects and (if required), promptly making the product available for correction, and BEC’s ability to reproduce and observe the claimed defect or non-conformity.
1.4 BEC warrants non-BEC manufactured products, including but not limited to personal computers, micro drives, compact flash, cables and accessories, etc., only to the extent that the manufacturer's warranty allows BEC to transfer such manufacturer's warranty to Customer. BEC will pass through to Customer any such warranties. Customer's sole remedy for breach of such warranty shall be the remedy offered by and available from the manufacturer, if any. BEC shall have no liability, whether in contract, tort, negligence, or otherwise, to Customer with respect to non-BEC manufactured products. Consumables (such as cables, accessories and the like), and failures due to consumables are excluded from all warranties.
1.5 Certain products hereunder may contain remanufactured subassemblies or parts which have been cleaned, refinished, inspected, and tested to new-product standards. The warranty for any such product will be as provided in this agreement or any applicable warranty of the third party manufacturer, if applicable.
1.6 The preceding paragraphs set forth the exclusive remedy for all claims based on failure of, or defect in, products or services sold hereunder, whether the failure or defect arises before or during the warranty period, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Upon the expiration of the warranty period, all such liability shall terminate. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. IN THE EVENT THAT BEC IS UNABLE TO REPAIR OR REPLACE THE PRODUCT IN A TIMELY FASHION, OR ANY WARRANTY PROVIDED HEREIN OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE, CUSTOMER’S RECOVERY OF ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE PRICE PAID BY THE CUSTOMER.