Equipment Warranty. FORBIX SEMICON warrants that Distributor/Purchaser shall acquire Equipment purchased hereunder free and clear of all liens and encumbrances except for FORBIX SEMICON’s purchase money. FORBIX SEMICON further warrants all Equipment to be free from defects in material or workmanship under normal use for a period of [Three Hundred and Sixty (360) days, near to 1 year] from the date of delivery. All repair covered by this warranty shall be done at FORBIX SEMICON’s premises only. Any supplied equipment or accessories within this duration of [360 days] and found to be within this scope of the warranty will be repaired or replaced by Company and all charges for labor and material, will be borne by FORBIX SEMICON. If it is determined that either no fault exists in FORBIX SEMICON, or the damage to be repaired was caused by negligence of Distributor, its agents, employees or customers, Distributor agrees to pay all charges associated with each such repair. THIS CONSTITUTES THE SOLE WARRANTY MADE BY FORBIX SEMICON EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FORBIX SEMICON BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DISTRIBUTOR’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.
Misuse of Equipment. Any tampering, misuse or negligence in handling or use of Equipment renders the warranty void. Further, the warranty is void if, at any time, Distributor/Purchaser attempts to make any internal changes to any of the components of the Equipment; if at any time the power supplied to any part of the Equipment exceeds the rated tolerance; if any external device attached by Distributor/Purchaser creates conditions exceeding the tolerance of the Equipment; or if any time the barcode serial number plate is removed or defaced. OPERATION OF THE EQUIPMENT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE EQUIPMENT.