For qualified hardware products for which this warranty expressly is referenced in product specification or product data sheet, Echelon warrants the qualified Hardware Products against defects in materials and workmanship for a period of five (5) year after shipment to the original purchaser (“CUSTOMER”) of the product. ECHELON's sole and exclusive liability and CUSTOMER's sole remedy under this warranty shall be, at ECHELON's option, to provide repaired or replacement Hardware Products for such defective Hardware Products. The Products which CUSTOMER considers defective shall be returned per ECHELON's standard Return Material Authorization procedures. ECHELON will not be responsible for labor or service for removing or replacing products returned under this warranty. Products returned for repair or replacement does not extend the warranty for such Product (or any repaired or replacement Product).
This warranty shall be void if, in ECHELON's reasonable opinion, the defective condition was caused in whole or in part by CUSTOMER's misuse, neglect, testing, attempts to repair, or any other cause beyond normal usage in accordance with Echelon’s written specifications, or by accident, fire, other hazard or Acts of God. This warranty shall be void if the product is not installed or maintained by proficient person duly qualified to perform such installation or maintenance, or otherwise perform in accordance to current edition of NEC (National Electrical Code) or applicable local electric code. Repair or replacement does not extend the warranty period for such Product. The warranty contained herein is made and valid to the original CUSTOMER only, and not to any subsequent purchaser.
THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTELLECTUAL PROPERTY OWNERSHIP OR SATISFACTORY QUALITY.
IN NO EVENT SHALL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF PRODUCTS BY CUSTOMER OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY, INDEMNITY, PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER ECHELON HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.