Display Technologies warrants that all Products are, and when distributed or used, will be free from material defects in materials and workmanship for a period of one (1) year from the date of Display Technologies shipment when used according to Display Technologies’ recommended usages.
Display Technologies liability is limited for breach of the foregoing warranty to the full credit for defective Product. It shall not be deemed a “defect,” and Display Technologies will not be liable under the warranty if the Product has been exposed or subjected to any: (1) maintenance, repair, installation, handling, packaging, transportation, storage, operation or use that is improper for the Product’s ordinary use or otherwise not in compliance with Display Technologies’ instruction; (2) Product alteration, modification or repair by anyone other than Display Technologies or those specifically authorized by Display Technologies; (3) accident, contamination, foreign object damage, abuse, misuse, neglect or negligence after shipment; (4) damage caused by failure of a Display Technologies-supplied Product not under warranty or by any hardware or software not supplied by Display Technologies; or (5) use of parts that are not 100% compatible with the Product.
THE WARRANTY REFERENCED HEREIN IS EXCLUSIVE, AND IS IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER REMEDIES, ARE DISCLAIMED AND EXCLUDED BY DISPLAY TECHNOLOGIES. THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY NON WARRANTY OBLIGATION OF DISPLAY TECHNOLOGIES AND THE SOLE REMEDIES FOR DISPLAY TECHNOLOGIES’ LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE PRODUCTS AND SERVICES COVERED BY THIS AGREEMENT SHALL BE TO USE ALL COMMERCIALLY REASONABLE EFFORTS TO PROMPTLY CURE SUCH BREACH.
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