MCTD, Inc. warrants for a term 6 months after acceptance that all products which are directly manufactured by MCTD, Inc. are free from defect in material or workmanship as of the time and place of delivery by MCTD, Inc. If within the warranty period, the product proves to be defective in workmanship, MCTD, Inc. shall, at its option, refund the purchase price or repair or replace such product free of charge. In order to obtain performance of the obligations under this warranty, Buyer must promptly (in no event later than thirty (30) days after discovery of the defect) give written notice of the defect to MCTD, Inc., and at MCTD, Inc.'s discretion, return the defective product to MCTD, Inc. All shipping costs for the return of such products shall be at the Buyer's expense. This warranty does not extend to any defect or problem caused by the negligence or acts of Buyer or others, failure of Buyer or others to operate or install the product in accordance with operating and/or installation instructions furnished with such products, unreasonable use, accidents, alterations, or ordinary wear and tear. Replacements for hardware not covered by warranty will be charged at the current selling price and will be shipped or installed in a timely manner after receipt of a purchase order. Engineering labor costs and travel expenses for diagnosing system operational issues will be billed to Buyer unless covered by warranty. Products manufactured for MCTD, Inc. by others are covered by that manufacturer's warranty and not by MCTD, Inc. MCTD, Inc. assigns any such manufacturer's warranty to Buyer, to the extent assignable.
MCTD, Inc. warrants that, for one (1) year after acceptance by the buyer that the software will conform to any written specifications provided by MCTD, Inc. or accepted by MCTD, Inc.
MCTD, Inc. WILL NOT BE RESPONSIBLE OR LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, however arising, including but not limited to use of any products, loss of time, inconvenience, or other incidental or consequential damages with respect to persons, business, or property, whether as a result of breach of warranty, negligence or otherwise. MCTD, Inc.'s liability SHALL BE LIMITED SOLELY, AT MCTD, Inc.'s OPTION, TO THE PURCHASE PRICE OR THE REPLACEMENT OF THE PRODUCT NOT MEETING THE QUALITY AND SPECIFICATIONS WARRANTED. NO OTHER WARRANTY, EXPRESS OR IMPLIED, SHALL APPLY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY SUCH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE DISCLAIMER OF ANY IMPLIED WARRANTIES, THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE DURATION OF EXPRESS WARRANTIES ABOVE. THE ABOVE WARRANTY PROVISIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, notwithstanding any knowledge of MCTD, Inc. regarding the use or uses intended to be made of products, proposed changes or additions to products, or any assistance or suggestions that may have been made by MCTD, Inc. personnel. The limited warranties set forth above and the foregoing disclaimer of warranties and limitation of liability may be altered only in writing signed by an officer MCTD, Inc. They may not be altered or extended orally or in writing by any other person.
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