Permabit warrants, for a period of sixty (60) days from date of delivery of the original Software (the “Software Warranty Period”) that when used as permitted under this Agreement and in accordance with the documentation accompanying the Software, the Software shall materially conform to such documentation. Customer must notify Permabit in writing within the Software Warranty Period of its claim of any such defect. If the Software is found not to so materially conform by Permabit, Permabit’s sole obligation and Customer’s sole and exclusive remedy under such warranty is to remedy such non-conformity in a manner consistent with Permabit’s regular business practices. Any such error correction provided to Customer will not extend the original Software Warranty Period except with respect to that particular error. Permabit shall have no obligation to undertake correction of errors (i) caused by any modification, alteration, or addition or attempted modification, alteration or addition of the Software or any portion of the Software being made by anyone other than by Permabit; (ii) caused by the Software being subjected to misuse, neglect, or accident, or being used in an environment, in a manner, or for a purpose for which it was not designed as specified in this Agreement; or (iii) if the failure of the Software was caused by Customer or third party hardware, software, or services not provided by Permabit. Correction for difficulties or defects traceable to Customer’s errors or systems change shall be billed at Permabit’s standard time and material charges.
Permabit warrants, for a period of three (3) years from the date of delivery to Customer of any hardware provided by Permabit pursuant to a Purchase Order (such hardware, the “Hardware” and such period, the “Hardware Warranty Period”), the Hardware will be materially free from defects in materials and workmanship. The foregoing warranties do not cover damage to the Hardware (or any part thereof) due to problems caused by Customer’s negligence, abuse or misapplication, other external causes (including, without limitation, (a) hardware or software not provided by Permabit, (b) accident, abuse, misuse, (c) problems with electrical power, (d) servicing or modifications not authorized by Permabit (e) acts of nature such as electrical storms, floods or fire, (f) acts of war and terrorism, (g) criminal acts (h) usage not in accordance with the Documentation). If the Hardware is found to be defective by Permabit, Customer’s sole and exclusive remedy and Permabit’s sole and exclusive obligation for breach of the foregoing warranties is to require Permabit to replace the Hardware (or any part thereof) in accordance with Schedule C of this Agreement (Hardware Replacement Policy), the terms of which are incorporated herein by reference. For the avoidance of doubt, any replacement units of Hardware delivered in accordance with Schedule C of this Agreement (Hardware Replacement Policy) will be warranted as described above for only the remainder of the Hardware Warranty Period corresponding to the original unit of Hardware provided by Permabit.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, (A) THE HARDWARE, SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND (B) PERMABIT DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE HARDWARE, SOFTWARE AND ANY SERVICES WHETHER EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.