7.1 Seller warrants that: (a) Seller will transfer title to the Goods (excluding Software and Firmware) to Customer under Clause 4; (b) Goods, Documentation and Services will conform with the Specification; (c) Goods made by Seller or its Affiliates will, under normal use and care, be free from defects in materials or workmanship; (d) Seller and its Affiliates’ Personnel delivering Services are trained and will use reasonable skill and care.
7.2 Warranty Periods. Unless otherwise specified by Seller, the warranties in Clause 7.1 apply as follows: (a) Goods: until the earlier of 12 months from the first installation or 18 months from delivery (90 days from delivery in the case of consumables and PolyOil® products); (b) Services: for 90 days from completion of the Services; (c) Goods repaired, replacement items and Services re-performed: from delivery of the replacement or completion of the repair or re-performance, for 90 days or until the end of the original warranty period (if later).
7.3 Warranty Procedure. Clause 7.3 applies if, within the warranty period, Customer discovers any non-conformity with a warranty in Clause 7.1, tells Seller in writing and, in the case of Goods, returns the non-conforming items at Customer’s cost, freight and insurance pre-paid, to the repair facility chosen by Seller. Where this Clause applies, Seller will (a) correct any non-conforming Documents and Services; or (b) repair or replace non-conforming Goods FCA (Incoterms® 2010) at the repair location or (c) instead refund the price of the non-conforming item.
7.4 Exclusions from Warranty. (a) The warranties in Clause 7.1(b), (c) and (d) exclude and Customer will pay the cost of all repairs and replacements caused by any of the following: normal wear and use; inadequate maintenance; unsuitable power sources or environmental conditions; improper handling, storage, installation, or operation; misuse or accident caused by anybody except Seller; a modification or repair not approved by Seller in writing; materials or workmanship made, provided or specified by Customer; contamination; the use of unapproved parts, firmware or software; Cyber Attack; any other cause not the fault of Seller. (b) Seller will not pay any costs relating to non-compliance with a warranty in Clause 7.1, except where agreed in writing in advance. Unless accepted in writing by Seller, Customer will pay (i) all costs of dismantling, freight, reinstallation and the time and expenses of Seller Personnel for travel under Clause 7 and (ii) all costs incurred by Seller in correcting nonconformities for which Seller is not responsible under Clause 7 and in examining items that comply with the warranties in Clause 7.1. (c) If Seller relies on wrong or incomplete information supplied by Customer, all warranties are void unless Seller agrees otherwise in writing. (d) Customer alone is responsible for the selection, maintenance and use of the Goods. (e) Resale Products carry only the warranty given by the original manufacturer. Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange procurement and shipping of the Resale Products.
7.5 Disclaimer. The limited warranties set out in this Clause 7 are the only warranties made by Seller and can be changed only with Seller’s signed written agreement. THE WARRANTIES AND REMEDIES IN CLAUSE 7 ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANYTHING ELSE FOR ANY OF THE GOODS, DOCUMENTATION OR SERVICES.