We are often asked for warranty information for Taoglas Limited parts. The warranty information, taken from their U.S. terms and conditions, is as follows:
Limited Warranty.
(a) Subject to the exceptions and upon the conditions
set forth herein, Seller warrants to Buyer that for a period of one (1)
year from the date of shipment (“Warranty Period”), that such
Goods will be free from material defects in material and
workmanship.
(b) Seller makes no warranty, express or implied,
with respect to the design or operation of any product or system in
which any Seller’s product sold hereunder is a component.
(c) EXCEPT FOR THE WARRANTY SET
FORTH IN SECTION 12(A), SELLER MAKES NO
WARRANTY WHATSOEVER WITH RESPECT TO THE
GOODS (INCLUDING ANY SOFTWARE) OR SERVICES,
INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY;
(b) WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY
AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE.
(d) Products manufactured by a third party and third
party software(“Third Party Product”) may constitute, contain, be
contained in, incorporated into,attached to or packaged together with,
the Goods. Third Party Products are not covered by the warranty in
Section 11(a). For the avoidance of doubt, SELLER MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT
TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a)
WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY
OF TITLE; OR (d) WARRANTY AGAINST
INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Notwithstanding the foregoing, in the event of the failure of any Third
Party Product, Seller will assist (within reason) Buyer (at Buyer’s
sole expense) in obtaining, from the respective third party, any (if
any) adjustment that is available under such third party’s warranty.
(e) Seller shall not be liable for a breach of the
warranty set forth in Section 11(a) unless: (i) Buyer gives written
notice of the defect, reasonably described, to Seller within five (5)
days of the time when Buyer discovers or ought tohave discovered
the defect and such notice is received by Seller during the Warranty
Period; (ii) Seller is given a reasonable opportunity after receiving
the notice to examine such Goods; (iii) Buyer (if requested to do so
by Seller) returns such Goods (prepaid and insured to Seller at its
warehouse in San Diego, California or to such other location as
designated in writing by Seller) to Seller pursuant to Seller’s RMA
procedures outlined in Section 13 and Buyer obtains a RMA number
from Seller prior to returning such Goods for the examination to
take place; and (iii) Seller reasonably verifies Buyer’s claim that the
Goods are defective and that the defect developed under normal and
proper use.
(f) Seller shall not be liable for a breach of the
warranty set forth in Section 11(a) if: (i) Buyer makes any further
use of such Goods after giving such notice; (ii) the defect arises
because Buyer failed to follow Seller’s oral or written instructions
as to the storage, installation, commissioning, use or maintenance of
the Goods; (iii) Buyer alters or repairs such Goods without the prior
written consent of Seller; (iv) repairs or modifications are made by
persons other than Seller’s own service personnel, or an authorized
representative’s personnel, unless such repairs are made with the
written consent of Seller in accordance with procedures outlined by
Seller; (v) any drawing, design or specification supplied to Seller
from Buyer; or (vi) reasonable wear and tear, willful damage,
negligence, abnormal working conditions or misuse.
(g) Subject to Section 11(e) and Section 11(f) above,
with respect to any such Goods during the Warranty Period, Seller
shall, in its sole discretion, either repair or replace such Goods (or the
defective part), provided that, if Seller so requests, Buyer shall, at
Buyer’s expense, return such Goods to Seller.
(h) Any claim under this Section 11 must be in
writing and must contain full details of the claim including the part
numbers of any allegedly defective Goods. Seller shall be afforded
reasonable opportunity and facilities to investigate any claim made
under this clause and Buyer shall, if so requested in writing by the
Seller, make available any Goods which are subject of any claim,
and any packing, securely packed for collection from the Buyer’s
premises for examination by Seller. Seller shall have no liability with
regard to any claim in the event the Buyer has not complied with the
provisions of this Section 11.
(i) THE REMEDIES SET FORTH IN SECTION
11(G) SHALL BE BUYER’S SOLE AND EXCLUSIVE
REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY
BREACH OF THE LIMITED WARRANTY SET FORTH IN
SECTION 11(A). Representations and warranties made by any
person, including representatives of Seller, which are inconsistent
or in conflict with the terms of this warranty, as set forth above,
shall not be binding upon Seller.
To view the complete terms and conditions document from Taoglas please use the link below.
Microsoft Word - US Terms and Conditions of Sale.docx