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Warranty Info
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Coto Technology Warranty Information
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Warranty
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Coto Technology, Inc. (“Coto”) warrants that during the six (6) or eighteen (18) month period (“Warranty Period”) from the date of Coto’s shipment of switches or relays and other small signal switching products (“Products”), the Products will be free from defects in material and workmanship. This Warranty shall not apply to defects caused by disasters such as fire, flood, wind, and lightning, or by the actions or inactions of any party other than Coto including improper storage, installation, use or maintenance of the Products. ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, ARE EXCLUDED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. If during the Warranty Period Customer discovers a defect in the material or workmanship of the Products, notifies Coto in writing within five (5) days of such discovery, and substantiates that the Products have been installed, maintained and operated in accordance with Coto’s recommendations and standard industry practice, Coto shall (at its option) repair or replace the defective Products or refund the purchase price of the defective Products less the value of any portion of the Products retained by Customer. Repair or replacement of the Product shall not extend the Warranty Period in any manner. THESE REMEDIES CONSTITUTE CUSTOMER’S EXCLUSIVE REMEDIES AGAINST COTO FOR BREACH OF WARRANTY WITH RESPECT TO THE PRODUCTS. In no case shall Coto be liable for any special, incidental or consequential damages (including, without limitation, labor, loss of profits, loss of savings or revenue, loss of use of the Products, cost of capital, cost of any substitute Products, facilities or service, downtime, the claim of third parties including customers, and injury to property) whether due to delays in the production, shipment or delivery of the Products or to causes within Coto’s control and whether based upon breach of any warranty, breach of contract, negligence, strict tort, or any other legal theory. Any legal action for breach of warranty must be commenced within the Warranty Period. If the Products are manufactured in accordance with design data approved by the Customer; or if they have been modified or altered without Coto’s consent; or if the Products have been misused, misapplied, damaged or used negligently, Customer agrees to hold harmless and indemnify Coto against any loss, cost, damage or expense, including, without limitation, cost of defense, attorney’s fees, inspectors’ fees and/or testing, resulting from (a) third party claims for personal injuries or property damage, whether direct or indirect, actual or alleged, consequential or otherwise, notwithstanding any actual or alleged defects or hazard inherent in the Products or negligence of Coto, its agents, employees or subcontractors, or (b) any recall, inspection, testing, replacement or correction or the Products, whether required by governmental authority or otherwise, or (c) the violation of any law, regulation, rule, order or restriction of any governmental authority resulting from or incident to the sale, delivery, installation and/or assembly of the Products or (d) any actual or alleged infringement of any United States or foreign patent, copyright or similar common or civil law right.
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