(a) The purchaser has an affirmative duty to inspect all merchandise sold hereunder for shipping damage immediately upon receipt and to notify Tosoh Quartz of any such damage within three (3) business days of receipt. If Tosoh Quartz is not notified of such damage within three (3) business days of receipt, the merchandise will be deemed accepted by purchaser. Tosoh Quartz warrants that all merchandise sold hereunder will be free from defects in materials, workmanship and thermal cracking under normal use for a period of thirty (30) days from date of installation. Any defective merchandise shall be returned to Tosoh Quartz at Tosoh Quartz’s expense and Tosoh Quartz shall bear the risk of loss of any such merchandise while the merchandise is in transit, provided that the sender has packed the merchandise as specified below. If sender fails to pack the merchandise as specified below, Tosoh Quartz’s limited warranty will be null and void and the party seeking to enforce the warranty will have no warranty cause of action or remedy against Tosoh Quartz. Upon receipt of all merchandise packed as specified below, Tosoh Quartz will examine the merchandise and determine to its satisfaction that the merchandise is indeed defective. If Tosoh Quartz determines that the merchandise is defective, Tosoh Quartz shall at its option repair, replace or refund the amount paid for such merchandise.
(b) THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY FOR SUCH DEFECTS IN MATERIAL OR WORKMANSHIP AND THE PURCHASER HEREBY WAIVES ALL OTHER REMEDIES ARISING BY LAW OR OTHERWISE. THIS WARRANTY IS THE ONLY EXPRESS WARRANTY APPLICABLE TO THE MERCHANDISE AND THERE ARE NO OTHER WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF SAVE AS MANDATED BY STATUTE.
(c) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
(d) IN NO EVENT WILL TOSOH QUARTZ BE LIABLE FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSSES, AND/OR FOR LOSS OF PROFITS, OPPORTUNITY OR GOODWILL, WHETHER DIRECT OR INDIRECT, OR BUSINESS INTERRUPTION.
(e) Merchandise returned to Tosoh Quartz for any reason requires assignment of a RMA or RAN number, as applicable, and prior approval from Tosoh Quartz, which will not be unreasonably withheld. Any returned merchandise must be packed and shipped in the original container and packaging and in accordance with Tosoh Quartz’s instructions to ensure the safety and resale value of the merchandise. If the original container and packaging are not available, the sending party, with approval from Tosoh Quartz, will provide packaging sufficient to prevent damage during shipping. Failure to comply with these provisions shall invalidate any claim for breach of warranty.