Warranty

CellBlock FCS, LLC Limited Warranty

  1. Limited Product Warranty. CellBlock hereby warrants to Customer that, for a period of twelve months after the date of delivery of the Products by Supplier to Customer (the “Warranty Period”), such Products will be free from defects in material and workmanship (the “Limited Warranty”), subject to the limitations, conditions, exclusion of liabilities, disclaimers and other terms and conditions described herein below.

  2. Limited Warranty Limitations. The Limited Warranty will not apply where the Products have been:
    a. subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or transportation, improper treatment, abnormal physical stress, abnormal environmental conditions, or use contrary to any 
    instructions issued by Supplier with respect to the Products;
    b. reconstructed, modified, repaired, or altered by persons or entities other than Supplier or its 
    authorized agents; or
    c. used with any product that has not been previously approved in writing by Seller.

    Furthermore, the Limited Warranty will not cover any damage due to normal wear and tear, failure to perform preventive maintenance, or external causes such as accidents, abuse, or other actions or events beyond Supplier’s reasonable control.

  3. Remedy. Supplier’s liability under the Limited Warranty will be fully discharged with respect to Products that do not conform to the Limited Warranty (the “Defective Products”) by Supplier repairing or replacing the Defective Products during the Warranty Period, at Supplier’s expense. Supplier is responsible for all costs and risk of loss associated with the delivery of the repaired or replaced Products to the address from which the Defective Products were shipped to Supplier for warranty repair or replacement. All claims for breach of the Limited Warranty with respect to any particular Product must be received by Supplier no later than ten days after the expiration of the Warranty Period with respect to such Product. Customer cannot reconstruct, repair, alter, or replace any Products, in whole or in part, either itself or by or through any third party. The Warranty Period cannot be extended with respect to any Product by any repair or replacement of such Product.

  4. Disclaimer. Except for the limited warranty described in section 1 above, neither supplier nor any person or entity on its behalf makes any representation or warranty of any kind, whether express or implied, statutory or otherwise, regarding the products; and except for the limited warranty described in section 1 above, supplier hereby expressly disclaims any and all such warranties, including without limitation all implied warranties of merchantability, non-infringement, fitness for a particular purpose or use, and all other warranties, whether arising by law, course of dealing, course of performance, usage of trade or otherwise. Customer hereby (i) waives all such disclaimed warranties; and (ii) acknowledges that it has not relied on any representation or warranty made by supplier, or any other person or entity supplier’s behalf, with respect to the products, except for the product warranty described in section 1 above.