If Kunkune Ltd. is found to breach this limited warranty, the Customer’s sole remedy is limited to (at Kunkune Ltd’s election)
(1) refund of Customer’s purchase price for Product(s), (2) repair of Product(s), or (3) replacement of Product(s);
Provided that Product(s) must be returned to Kunkune Ltd., along with acceptable evidence of purchase, within 60 days from ship date, transportation charges prepaid.
No warranty will apply if the Product(s) has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.
Kunkune Ltd. warrants that at the time of delivery, Product(s) will conform to the specifications stated by Kunkune Ltd. in its published data sheet for the Product(s).
All warranty claims will be time-barred 12 months from the time of delivery of the non-conforming Product(s).
Kunkune Ltd. makes no representation of warranty with respect to information, materials and Services provided on or through the website. INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ‘AS IS’.
Kunkune Ltd. makes no representation of warranty with respect to Software and will have no liability in connection therewith. SOFTWARE IS PROVIDED ‘AS IS’ WITH NO ADDITIONAL WARRANTY.
Kunkune Ltd. MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON INFRINGEMENT.
Limitation of Liability
Kunkune Ltd.’s liability to Customer is limited to Customer’s direct damages up to an amount not exceeding the price of the Product at issue. Kunkune Ltd. is not liable for, and Customer is not entitled to any indirect,
special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers).
To the extent Kunkune Ltd. cannot lawfully disclaim any implied or statutory warranties, Customer’s statutory rights are not affected by this limitation of liability. Customer will indemnify, defend and hold Kunkune Ltd.
harmless from any claims based on (a) Customer’s compliance with Kunkune Ltd.’s designs, specifications, or instructions, (b) modifications of any products by anyone other than Kunkune Ltd., or (c) use in combination with other products.
Use of Products
Customer shall comply with the manufacturer’s Product specifications. Product are not authorized for use in life support systems, life sustaining systems, human implantation, nuclear facilities or any other application where Product failure
could lead to personal injury, loss of life or significant property damage. If Customer uses or sells the Products for such use in such applications or fails to comply with Kunkune Ltd.’s Product specifications, Customer acknowledges that such use,
sale, or non-compliance is at Customer’s sole risk. Customer shall indemnify, defend and hold Kunkune Ltd. harmless from any claims based on: (i) Kunkune Ltd.’s compliance with Customer’s designs, specifications, or instructions,
(ii) modification of any Product by anyone other than Kunkune Ltd., or (iii) use of Products in combination with other products or in violation of this clause.
If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that Kunkune Ltd. is not liable, in whole or in part, for any claim or damage arising from such use;
and (3) Customer agrees to indemnify, defend and hold Kunkune Ltd. harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
Forces Beyond Kunkune Ltd.’s Control
Kunkune Ltd. is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example, acts of nature, acts of omissions of Customer, operational disruptions, natural or artificial disasters, epidemic medical crises,
materials or Product shortages, strikes, riot, war, criminal acts, delays in delivery or transportation, inability to obtain labor, government priorities, changes in law, material shortages, fire, floods, quarantine restrictions, acts of terrorism, materials or Products through
Technical Assistance or Advice
If technical assistance or advice is offered or given to Customer, such assistance or advice is given free of charge and only as an accommodation to Customer. Kunkune Ltd. shall not be held liable for the content or Customer’s use of such technical assistance or advice
nor shall any statement made by any of Kunkune Ltd. representatives in connection with the Products or Services constitute a representation or warranty, express or implied.