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Limited Warranty

  1. Seller warrants to Buyer that for a period of one (1) year from the date of shipment of the Goods “( Warranty Period”), such Goods will conform to Seller’s published specifications in effect as of the date of manufacture under the corresponding purchase order and/or invoice, and will be free from material defects in material and workmanship.
  2. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION (a), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTIColAR PURPOSE; OR 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.
  3. Seller shall not be liable for a breach of the warranty set forth in Section (a) unless Buyer gives written notice of the defect, reasonably described, to Seller within seven (7) calendar days of the time when Buyer discovers or ought to have discovered the defect; Seller is given a reasonable opportunity after receiving the notice to examine such Goods, and Buyer (if requested to do so by Seller) returns such Goods to Seller’s designated place of business at Seller’s cost for the examination to take place there; and Seller reasonably verifies Buyer’s claim that the Goods are defective.
  4. Seller shall not be liable for a breach of the warranty set forth in Section (a) if Buyer makes any further use of such Goods after giving such notice; the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or Buyer alters or repairs such Goods without the prior written consent of Seller.
  5. Subject to Section (c) and Section (d) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either repair or replace such Goods (or the defective part); or credit or refund the price of such Goods at the prorata contract rate; provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such Goods to Seller’s designated place of business.
  6. THE REMEDIES SET FORTH IN SECTION (e) 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 (a).
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NBK America LLC

9:00 to 17:00 on weekdays, Eastern Standard Time

Asia and Europe

Nabeya Bi-tech Kaisha

8:00 to 17:00 on weekdays, Japan Standard Time