Limited Product Warranty of Nano Electronica S.A. De C.V.
- The products furnished by Nano Electronica S.A. De C.V. (“Nano”) on the schedule attached herewith as Annex A (the “Products”) are subject to this Limited Product Warranty of Nano Electronica S.A. De C.V. (this “Limited Warranty”).
- Nano warrants to purchasers of the Products (each a “Purchaser”) that, for a period of twelve (12) months from the date of shipment of the Products (the “Warranty Period”), such Products will materially conform to the industry standards for material and workmanship consistent with past production by Nano and be free from defect therefrom. This Limited Warranty is meant solely for the original Purchaser of the respective Product and not transferable to any other person or entity.
- The obligations of Nano under this Limited Warranty are limited to repair or replacement of the Products, subject first to inspection by Nano as to whether the applicable Product is in need of repair or replacement. Repair will be performed by Nano at the location of its choosing (with delivery expenses incurred by Purchaser). This Limited Warranty does not cover any damage due to (a) transportation, (b) storage, (c) improper use, (d) failure to follow the Product instructions and/or manuals or failure to perform reasonably customary preventative maintenance, (e) modifications made to the Product, (f) unauthorized repair of the Product, (g) normal wear and tear, or (h) external causes, such as accidents, abuse, or other actions or events beyond Nano’s reasonable control. In no circumstance will Nano be liable for consequential, incidental, special, or punitive damages in connection with the Product, and any owner acquiring the Product waives its right to any consequential or statutory damages in relation to the Product, to the extent waivable by law.
- To effect this Limited Warranty, Purchaser must contact Nano in accordance with the following contact instructions:
Nano Electronica S.A. DE C.V.
Neptuno 62, Nueva Industrial Vallejo 07700
Ciudad de Mexico, CDMX, Mexico
r.regalado@me.com
nanotronica@icloud.com
Phone Number/WhatsApp: +52 (55) 2668 6503
Failure to contact Nano prior to the end of the Warranty Period for matters occurring during the Warranty period shall result in forfeiture of Purchaser’s rights under this Limited Warranty.
- EXCEPT FOR THE WARRANTY SET FORTH IN THIS LIMITED WARRANTY, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR (C) 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. This Limited Warranty does not apply to parts furnished on a no-charge basis or which bear the name or trademark of another company or provider.
- The laws of the State of New York govern this Limited Warranty, as well as transactions occurring under it and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the United States Federal Arbitration Act will govern all issues of arbitrability. In the event of a dispute, the purchasers agree such disputes shall be finally settled under arbitration. Purchaser agrees that exclusive jurisdiction and venue shall be in the competent courts of Houston, Texas, and the location of any arbitration shall be in Houston, Texas. Purchaser acknowledges that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Limited Warranty. The invalidity or unenforceability of one aspect or provision of this Limited Warranty shall not affect the validity or enforceability of any other aspect or provision of this Limited Warranty.