Express Limited Warranty
BYTE TOOLING ELECTRONICS & TECHNOLOGY CO., LTD. (the “Company”) has a Standard Components for Press Die Catalog (the “Catalog”) on products (the “Products”). Products are subject to the Terms and Conditions of Catalog Use and Terms and Conditions of Sale (collectively the “Terms and Conditions”). The Company provides an Express Limited Warranty (the “Limited Warranty”) to the original purchaser for Products as further set forth in this. Customer, through their purchase of Products, agrees to be bound by this Limited Warranty. A manufacturer guarantee certificate or warranty may also apply to certain Products, which shall supersede and void this Limited Warranty as to such Product(s).
Any dispute, controversy, difference or claim arising out of, relating to, or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The Seat of arbitration shall be Taipei, Taiwan. The language of arbitration shall be Chinese. The arbitral award shall be final and binding upon both parties.
A. Scope and Period of Warranty
- Company warrants that the Products shall be free of defects in material and workmanship. During the Warranty Period, the Company at its sole discretion may repair or replace a Product with a defect attributable to the Company (“Defect”) free of charge on condition that the customer provides the Company with written notice describing the alleged defect, within the warranty period (defined in the Limited Warranty), and the Company deems the alleged defect covered under this Limited Warranty. Minor flaws such as scratches, marks, dents or discoloration that do not affect the function of the Product do not constitute a Defect, unless the Company, in its sole discretion, deems such flaw to be a Defect.
- EXCLUSIONS This Limited Warranty does not cover damages or defects to Products resulting from or in any way contributed to:
- Use in devices that transport humans such as automobiles, vehicles, or ships; medical equipment with the purpose of curing or diagnosing humans; or general household consumer goods such as electronic and electric equipment.
- Use in aerospace equipment, nuclear energy equipment, or military-related products such as weapons or arms.
- Customer’s reckless, negligent or abusive handling or use of the Product.
- Natural disasters including, but not limited to, earthquakes, fires and floods.
- Failure to comply with Product specifications, intended uses, Terms and Conditions, drawings; or documentation shipped with the Product or accessory.
- Any repair, modification, processing or disassembly of the Product.
- Damage to equipment other than the Product itself.
- Use outside of the country where the Company originally shipped the Product at the time of purchase.
B. Warranty Period
This Limited Warranty is valid for a period of one (1) year from the date Company ships Product to original purchaser.
C. Inspection and Notification
Within one (1) week of receipt of Product, customer should confirm the name, quantity and specifications of the Product(s) and check for any Defect. The customer must provide written notice to the Company within one (1) week of receipt of Product, or the Company may deem that the Product(s) are free from Defect.
D. Uncovered Products
The customer will be charged for all replacements and repairs of Product not covered by this Limited Warranty.
E. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS OF PROPERTY DAMAGE, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
F. LIMITATION OF WARRANTY
THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE PRODUCT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE. PRODUCTS ARE SOLD BUSINESS TO BUSINESS AND NOT TO CONSUMERS, RENDERING ANY CONSUMER LAW INAPPLICABLE. IN NO EVENT SHALL COMPANY’S LIABILITY WITH REGARD TO THE SALE OF PRODUCT EXCEED THE ORIGINAL PURCHASE PRICE PAID BY CUSTOMER.
G. ENTIRE AGREEMENT
This Limited Warranty contains and represents the only warranty extended by Company for the Product. No employee or agent of Company or any other party is authorized to make any other warranty in addition to those made in this Limited Warranty. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state.
H. MODIFICATION OR DISCONTINUATION OF PRODUCTS.
Company reserves the right to discontinue or modify the Product at any time without notice. In the event that repair or replacement of the Product pursuant to this Limited Warranty is not possible, Company will fulfill any repair or replacement obligation under this Limited Warranty with a product of equal or greater value.
Effective as of: 2021.1.20