Subject to the remedy limitation and procedures set forth in the Section “Warranty Procedures and Remedy Limitations,” GPD Global warrants that the system will conform to the written description and specifications furnished to Buyer in GPD Global’s proposal and specified in the Buyer’s purchase order, and that it will be free from defects in materials and workmanship for a period of one (1) year. GPD Global will repair, or, at its option, replace any part which proves defective in the sole judgment of GPD Global within one (1) year of date of shipment/invoice. Separate manufacturers’ warranties may apply to components or subassemblies purchased from others and incorporated into the system. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

GPD Global reserves the right to refuse warranty replacement, where, in the sole opinion of GPD Global the defect is due to the use of incompatible materials or other damages from the result of improper use or neglect. This warranty does not apply if the GPD Global product has been damaged by accident, abuse, or has been modified without the written permission of GPD Global. Items considered replaceable or rendered unusable under normal wear and tear are not covered under the terms of this warranty. Such items include fuses, lights, filters, belts, etc.

The sole and exclusive remedy of the buyer in the event that the system or any components of the system do not conform to the express warranties stated in the Section “Warranties” shall be the replacement of the component or part. If on-site labor of GPD Global personnel is required to replace the non-warranted defective component, GPD Global reserves the right to invoice the Buyer for component cost, personnel compensation, travel expenses and all subsistence costs. GPD Global’s liability for a software error will be limited to the cost of correcting the software error and the replacement of any system components damaged as a result of the software error. In no event and under no circumstances shall GPD Global be liable for any incidental or consequential damages; its liability is limited to the cost of the defective part or parts, regardless of the legal theory of any such claim. As to any part claimed to be defective within one (1) year of date of shipment/invoice, Buyer will order a replacement part which will be invoiced in ordinary fashion. If the replaced part is returned to GPD Global by Buyer and found by GPD Global in its sole judgment to be defective, GPD Global will issue to Buyer a credit in the amount of the price of the replacement part. GPD Global’s acceptance of any parts so shipped to it shall not be deemed an admission that such parts are defective.