Westermo warrants that the Products, subject to what is set forth below regarding firmware, are free from defects in materials and workmanship arising from normal use, and any material non-conformances with Westermo published specifications, for a period of five (5) years from the date the Product was shipped from Westermo. Westermo does not warrant that the software or any portion thereof is error free. The Buyer shall without undue delay inform Westermo in writing about any claim of defects in the Products when the Buyer has discovered or ought to have discovered any defect in the Products. A claim may in no event be made later than seven (7) days after the period of five (5) years mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately.

The above warranty does not apply if updates of firmware supplied by Westermo are not installed properly and in a timely manner or if the relevant Product or firmware is used for an application not listed in Westermo’s published technical specifications for such Product or for an application that cannot be reasonably foreseen by Westermo. Beta versions of firmware supplied for demonstration or testing purposes and supplemental software shipped with a Product are excluded from the above warranty.

Westermo warrants that accessories, as set forth in the price list, are free from defects in materials and workmanship arising from normal use, and any material non-conformances with Westermo published specifications, for a period of two (2) years from the date the Product was shipped from Westermo. The Buyer shall without undue delay inform Westermo in writing about any claim of defects in the accessories when the Buyer has discovered or ought to have discovered any defect in the accessories. A claim may in no event be made later than seven (7) days after the period of two (2) years mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately.

Warranty claims, returns and repairs need to be handled by a Westermo authorized dealer or distributor. To return a defective Product or accessories under any applicable warranty, the purchaser needs a Return Merchandise Authorization (RMA) number, which may be obtained from Westermo. Please observe that all return shipments will be made to the original shipment address.

Westermo shall, at its own option, repair, replace or refund the purchase price of any Product or accessories with defects that is subject to its warranty. This is the purchaser’s sole and exclusive remedy for Products or accessories that do not meet the specified warranty and it shall replace any other warranties, express or implied, by law or otherwise. The purchaser shall at its own risk and expense carry out any dismantling and reinstallation of the repaired or replaced Product or accessories and bear the cost for transport of such Product or accessories to Westermo. Westermo reserves the right to authorise third parties to undertake repairs during the warranty period.

In addition to the above, the following items are expressly excluded from these warranties:

• defects resulting from ordinary wear and tear;
• defects attributed to any accidental damage, improper use, modification, adaptation, purchaser’s or its representatives’ neglect, improper storage or installation, installation in toxic or acid environment or in mobile and/or instable environments not in accordance with the specifications or external electrical fault;
• defects resulting from use of the Product or accessories not in accordance with Westermo published technical specifications or other documentation supplied with the Product (e.g. Management Manual etc.) or accessories; and
• defects resulting from any service, maintenance or repair executed by another party than Westermo, a Westermo authorised service provider or a Westermo authorised third party.

Should repair or replacement under these warranties be impossible or unreasonably expensive, Westermo will recommend a substitute product, which shall be of equivalent fit, form and function so as not to jeopardize the performance and safe operation of such component or product.

Westermo’s liability in regard of any non-conformity, defect or deficiency in any Product is expressively limited to what is set out in Section 10.1-10.7, Westermo general conditions of sale.

Products and accessories not covered by the above warranties may be repaired by Westermo at a price quoted by Westermo.

If the returned units show not to be faulty Westermo will invoice an inspection and return cost even though the Products or accessories are under warranty.

Liability

The total liability of Westermo for any claim whether in contract, tort or otherwise arising out of, connected with or resulting from the manufacture, sale, delivery, resale, replacement or use of any Product shall in no event exceed the price paid for the Products or part thereof which give rise to the claim.

Westermo shall not be liable for any damage to property caused by the Products if the damage occurs after the Products have been delivered. Nor shall Westermo be liable for any damage to products manufactured by the Buyer, or to products of which the Buyer’s products form a part.

In no event shall Westermo be liable for any consequential damages, indirect, special or contingent costs including but not limited to damages for delayed deliveries, damages for loss of revenue, loss of use, loss of production, costs of capital, claim from customers for service interruptions, property damages or otherwise.

If Westermo incurs liability towards any third party for such damage to property as described in the preceding paragraph, the Buyer shall indemnify, defend and hold Westermo harmless.