GST warrants to the Buyer that the Unit will materially conform to the GST Warranty published specifications in effect as of the date of this Agreement and will be free from material defects in material and workmanship for one year from the release date.
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION (a), GST MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Products manufactured by a third party (“Third-Party Product“) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Unit. Third-Party Products are not covered by the warranty in Section (a). For the avoidance of doubt, GST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
GST shall not be liable for a breach of the warranty set forth in Section (a) unless: (i) the Buyer gives written notice of the defect, reasonably described, to GST within ten (10) days of the time when the Buyer discovers or ought to have discovered the defect; (ii) GST is given a reasonable opportunity after receiving the notice to examine the Unit and the Buyer (if requested to do so by GST) returns such Unit to GST’s place of business for the examination to take place there; and (iii) GST reasonably verifies the Buyer’s claim that the Unit is defective.
GST shall not be liable for a breach of the warranty set forth in Section (a) if: (i) the Buyer makes any further use of such Unit after giving such notice; (ii) the defect arises because the Buyer failed to follow GST’s oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Unit; or (iii) the Buyer alters or repairs such Unit without GST’s prior written consent.
Subject to Section (d) and Section (e) above, with respect to any such Unit during the Warranty Period, GST shall, in its sole discretion, either: (i) repair or replace such Unit (or the defective part(s)) or (ii) credit or refund the Price of such Unit at the pro-rata contract rate, provided that if GST so requests, the Buyer shall, at GST’s expense, return such Unit to GST.
THE REMEDIES SET FORTH IN SECTION (f) SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND GST’s ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION (a).