11. LIMITED WARRANTIES Seller warrants that the Products are free from material and processing errors for a period of one (1) year from the date of delivery. The only obligation for the seller under the aforementioned warranty is to replace products that, if properly used and maintained, turn out to be materials or transformations. Such replacement is the Buyer`s sole remedy and, at seller`s option, Buyer must render the product defective. At the request of the seller, the buyer must immediately provide samples and other evidence of the allegedly defective products and allow the seller`s representatives access to the allegedly defective products. The assertion of an alleged defect does not relieve the buyer of his payment obligation to the seller. Buyer may not return allegedly defective products without seller`s prior written and signed consent, such written consent requiring a written document signed by an authorized representative of seller. The buyer agrees to reimburse the seller all costs and expenses related to a return of products not authorized by the seller. The receipt or verification by the seller of the returned products is not considered an admission of an alleged defect. Seller`s obligations under this section do not apply to products that have been damaged by negligence or misuse, alteration, maintenance, storage or handling or by damage to transport.
Proposals by Seller or its representatives regarding the use, use or suitability of the Products shall not be construed as an express warranty, unless confirmed in writing and signed by Seller with such written confirmation, which requires a written document signed by an authorized representative of Seller. An email with an electronic signature is NOT enough. Unless otherwise stated in writing in a separate Software License Agreement or otherwise, Seller does not warrant the Software. THE WARRANTY EXPRESSED HEREIN IS SUBJECT TO ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A TRANSACTION, A COMMERCIAL USE OR PRACTICE, WHICH IS EXPRESSLY EXCLUDED. AND IS ALONGSIDE ANY OTHER OBLIGATIONS OR RESPONSIBILITIES OF THE SELLER. 18. ADDITIONAL TERMS This Agreement may not be assigned by Buyer to any other party without Seller`s prior written and signed consent, such written consent requiring a written document signed by an authorized representative of Seller. An e-mail with an electronic signature is not enough; This Agreement shall bind and apply to the parties and their legal representatives, assigns and authorized beneficiaries of the assignment. The rights and obligations set out in Articles 10, 11, 13, 14, 15, 16 and 17 also exist after the termination, termination or expiry of the contract. If any part of the agreement is invalidated by a court or arbitrator, it does not constitute the cancellation of another part of the agreement which will otherwise remain in force. Seller`s failure to enforce an available right or appeal, or Seller`s delay, shall not be considered a waiver.
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