Warranty

Warranty and RMA Procedures

(a) PGF Warranty. PGF warrants (i) that it will manufacture the Product in accordance with PGF Workmanship Standards (ii) that at the time of manufacture, the Product will conform, in all material respects, to the Specifications assigned by CUSTOMER. The above warranty shall remain in effect for a period of twelve (12) months from the date any Product is initially delivered to CUSTOMER or to CUSTOMER’s designated carrier (“Warranty Period”). This warranty is extended to, and may only be enforced by, CUSTOMER.

(b) Repair or Replacement of Defective Product. In accordance with PGF’s standard return material authorization process and procedure (“RMA”), PGF will either repair or replace, any Product that contains a defect caused by a breach of the warranty set forth in this Section provided that the Product is received within twenty (20) days following the end of any applicable Warranty Period (“RMA Product”). If CUSTOMER desires to return a Product based on a claim of breach of the warranty set forth in this Section, CUSTOMER shall request an RMA number from PGF. CUSTOMER shall then consign the alleged defective Product, FOB PGF’s designated repair facility, and specify the PGF assigned RMA number. PGF will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then PGF will repair or replace the RMA Product within thirty (30) business days of receipt by PGF of the RMA Product and all required associated documentation. In the event a Defect is found, PGF will reimburse CUSTOMER for the reasonable cost of transporting the RMA Product to PGF’s designated repair facility and PGF will deliver the repaired RMA Product or its replacement, FOB CUSTOMER’s designated destination. If no such Defect is found, CUSTOMER is to reimburse PGF for the cost to repair or replace the non-Defective RMA Product and CUSTOMER shall bear responsibility for all transportation costs to and from PGF’s designated repair facility. Any warranty for components and printed circuit boards procured by PGF will be limited to the warranties expressed by the component or printed circuit board manufacturer. The total extent of financial liability to PGF will be no greater than the total value of the labor and material at PGF’s cost for the specific assembly. This comprises the complete warranty by PGF. No other warranties are expressed or implied. In no event will PGF Technology Group, Inc. be held liable for any direct, indirect, consequential or incidental damages resulting from any defect or other related items and processes, including, but not limited to, any interruption of service, loss of business, anticipated profit, or other consequential damages.

(c) Brokered parts/Component Brokered parts are purchased outside normal lines of Distribution. Brokered parts carry NO WARRANTY from PGF and any related replacement, repair and/or rework to such parts are the sole responsibility of CUSTOMER.

(d) Limitation of Warranty THE REMEDY SET FORTH IN SECTION (b) SHALL CONSTITUTE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE WARRANTY MADE BY PGF HEREIN OR ANY OTHER OBLIGATION OF PGF HEREUNDER. THE WARRANTY SET FORTH IN THIS SECTION IS IN LIEU OF, AND PGF EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OR MISAPPROPRIATION OF ANY RIGHT, TITLE OR INTEREST OF CUSTOMER OR ANY THIRD PARTY. CUSTOMER UNDERSTANDS AND AGREES THAT IT SHALL HAVE FULL AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY PRODUCT, WHETHER FOR PRODUCT DESIGN LIABILITY, PRODUCT LIABILITY, DAMAGE TO PERSON OR PROPERTY AND/OR INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION BY PGF, ITS AGENTS OR EMPLOYEES SHALL CONSTITUTE OR CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY HEREUNDER.

PGF’S WARRANTY SHALL NOT APPLY TO ANY PRODUCT PGF DETERMINES TO HAVE BEEN SUBJECTED TO TESTING FOR OTHER THAN SPECIFIED ELECTRICAL CHARACTERISTICS OR TO OPERATING AND/OR ENVIRONMENTAL CONDITIONS IN EXCESS OF THE MAXIMUM VALUES ESTABLISHED IN APPLICABLE SPECIFICATIONS, OR TO HAVE BEEN THE SUBJECT OF MISHANDLING, ACCIDENT, MISUSE, NEGLECT, IMPROPER TESTING, IMPROPER OR UNAUTHORIZED REPAIR, ALTERATION, DAMAGE, ASSEMBLY, PROCESSING OR ANY OTHER INAPPROPRIATE OR UNAUTHORIZED ACTION OR INACTION THAT ALTERS PHYSICAL OR ELECTRICAL PROPERTIES. THIS WARRANTY SHALL NOT APPLY TO ANY DEFECT IN THE PRODUCT ARISING FROM ANY DRAWING, DESIGN, SPECIFICATION, PROCESS, TESTING, OR OTHER PROCEDURE, ADJUSTMENT OR MODIFICATION SUPPLIED AND/OR APPROVED BY CUSTOMER.