At THRiL USA, we take pride in delivering you quality products that last.
Thril warrants to Buyer and its customers and end-users that for the lifetime of the Product (“Warranty Period”), that such Product will be free from material defects in design, materials and workmanship and will substantially conform to industry standards. The warranty excludes defects resulting from: (i) normal wear, tear or deterioration, (ii) accident, corrosion or other external cause, (iii) abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Thril, (iv) repairs or modifications not authorised by Thril, (v) Product reconstructed, repaired, or altered by persons other than Thril or its authorized representative, and (vi) Product used with any third-party product or hardware that has not been previously approved in writing by Thril.
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10(A), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) 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.
Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Product. Third Party Products are not covered by the warranty in Section 11(a). For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) 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.
Thril shall not be liable for a breach of the warranty set forth in Section 10(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to Thril within thirty (30) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Thril is given a reasonable opportunity after receiving the notice to examine such Product and Buyer (if requested to do so by Thril) returns such Product to Thril’s place of business at Thril’s cost for the examination to take place there; and (iii) Thril reasonably verifies Buyer’s claim that the Product are defective.
Thril shall not be liable for a breach of the warranty set forth in Section 10(a) if: (i) Buyer makes any further use of such Product after giving such notice; (ii) the defect arises because Buyer failed to follow Thril’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product; or (iii) Buyer alters or repairs such Product without the prior written consent of Thril.
Subject to Section 10(d) and Section 10(e) above, with respect to any such Product during the Warranty Period, Thril shall, in its sole discretion, either: (i) repair or replace such Product (or the defective part) or (ii) credit or refund the price of such Product at the pro rata contract rate provided that, if Thril so requests, Buyer shall, at Thril’s expense, return such Product to Thril. All returns shall be subject to a 20% restocking fee at Buyer’s expense.
THE REMEDIES SET FORTH IN SECTION 10(F) SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 10A).
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