PRODUCT ACCEPTANCE AND LIMITED WARRANTY
1. Product Acceptance
We request our customers to inspect products within thirty (30) days of receipt. If our products do not meet the expressed warranties set forth below, you have the right to reject them during the first thirty (30) days. Products not rejected within thirty (30) days are considered acceptable. Acceptance of the products does not diminish your rights or remedies under Section 3.
2. Product Returns
You may return defective product, freight collect, at any time during the first thirty (30) days. To do so, first complete a failure report to obtain a return material authorization (RMA) number from us. The RMA should display on the shipping container. Rejected Products will be promptly repaired or replaced, at Verdigris' option, and returned freight pre-paid. Customers bear the risk of loss or damage to, as well as all shipping costs and expenses associated with Products that have been returned to Verdigris under warranty, but for which no defect is found.
3. Express Limited Warranty
Verdigris represents and warrants to our Customers:
a. our Production Materials are in compliance with Environmental Regulations; and
b. are free from defects in materials and workmanship under normal use for a period of one (1) year from the date of shipment ("Hardware Warranty Period"). Upon any failure of a Product to meet this express limited warranty, Verdigris' sole obligation, and Customer's sole remedy, is for Verdigris, at its option, to promptly repair or replace the Product and return it to Customer freight prepaid. Customer shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Verdigris to be displayed on the shipping container. Repaired or replaced Products supplied by Verdigris under this Section will be warranted for the period of time remaining in the original Warranty Period for the Product, but not less than ninety (90) days. Customers bear the risk of loss or damage to, as well as all shipping costs and expenses associated with Products that have been returned to Verdigris under warranty, but for which no defect is found.
c. Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and, except as otherwise set forth in this Agreement, Verdigris makes no representations or warranties whatsoever with respect to:
i. 3rd party compatible accessories;
ii. defects resulting from unintended uses and applications of our systems;
iii. Products that have been abused, damaged, altered or misused by any person or entity other than Verdigris or its subcontractors or agents.
Customer shall be liable for costs or expenses incurred by Verdigris related to the foregoing exclusions to Verdigris’ express limited warranty; provided that, to the extent reasonably feasible, Verdigris provides Customer with prior written notice of any costs, expenses or other amounts that Verdigris (or any Verdigris Affiliate) intends to incur and receives Customer's prior written approval of such costs, expenses or other amounts. In no event shall Customer be responsible for any costs, expenses or other amounts that Verdigris (or any Verdigris Affiliate) incurs pursuant to this Section 3(c) if Verdigris (or any Verdigris Affiliate) does not comply with the foregoing conditions as to notice and approval.
d. Customer will provide its own warranties (if any) directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Verdigris under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Verdigris, and Customer will expressly disclaim any liability by its suppliers for any warranty claim or other liability concerning the Product.
4. No Representations or Other Warranties
VERDIGRIS MAKES NO REPRESENTATIONS AND NO OTHER WARRANTIES OR CONDITIONS ON THE PERFORMANCE OF THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND VERDIGRIS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.