1. Products supplied by C-Pen Trading AB (hereafter “C-Pen”) under the Contract are warranted to be free from defects in material and workmanship, and to substantially conform to C-Pen’s published specifications or the packaging or documentation accompanying the Products, or other specifications accepted in writing by C-Pen as applying to the Contract for the supply of the Products to the Buyer.
2. In the event a Product is found to be defect in accordance with the previous paragraph, C-Pen shall at its sole option repair, replace or refund the purchase price of the defect Product subject to the following terms and conditions:
a) Unless C-Pen agrees otherwise in writing, the warranty is limited to defects observed within twelve (12) months from the date the Product was made available for shipment from C-Pen’s warehouse. However, no action arising out of this warranty maybe brought against C-Pen later than one (1) month after the defect first was observed, or ought to have been observed.
b) Warranty claims may only be made by the Buyer. Each Product for which a claim is made shall be returned by the Buyer to C-Pen promptly and at the expense of the Buyer, in accordance with instructions given by C-Pen. C-Pen shall have no obligation to accept claims or return of Products from any third parties.
c) Fully functional, refurbished components and Products in good working order may be used when repairing or replacing a Product under warranty. Replaced components and Products become the property of C-Pen.
d) Where the terms of this warranty apply, C-Pen shall return a repaired or replaced Product free of charge to the place to which the original Product was delivered.
e) The warranty period in (a) above shall not be extended by the repair or replacement of any defective Product i.e. the returned Product shall be warranted in terms hereof only for the un-expired period of the warranty.
f) The warranty does not apply to a Product which has been subject to misuse (including static discharge), neglect, accident or modification, or which have been disassembled and/or altered by the Buyer or any third party, or where the claimed defect cannot be identified or recreated despite diligent efforts. Nor does the warranty apply to defects caused by normal wear and tear, defects in printed material, or defects in material which by nature may have a life time shorter than the warranty period.
g) The Buyer is solely responsible for defining and isolating a problem to the Product. If C-Pen finds that a Product returned under warranty claim is not defective or subject to warranty, C-Pen shall have the right to issue an invoice, and the Buyer then agrees to pay for C-Pen’s reasonable expenses for testing of the Product. Upon request from the Buyer, the Product will then be returned to the Buyer at the Buyer’s expense. If the Buyer within reasonable time does not request the Product to be returned, or waives its right to have it returned, then the Product becomes the property of C-Pen.
h) C-Pen is not responsible for any data contained in a Product, including confidential, proprietary or personal data. Any such data should be backed up and/or removed prior to sending the Product to C-Pen.
3. THE BUYER AGREES AND ACCEPTS THAT THE WARRANTIES EXPRESSLY GIVEN IN THIS SECTION CONSTITUTE THE ONLY WARRANTIES MADE BY C-PEN WITH RESPECT TO FAULTS OR ERRORS IN THE PRODUCTS, AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. C-PEN SHALL HAVE NO OTHER LIABILITY AND THE BUYER SHALL HAVE NO OTHER REMEDY IN CASE OF BREACH OF WARRANTY IN ACCORDANCE WITH THIS SECTION OTHER THAN EXPRESSLY PROVIDED FOR HEREIN.