Legal Warranty Contract

LEGAL WARRANTY CONTRACT

This Legal Warranty Contract (the "Agreement") is made effective as of Effective Date: between Warrantor Name: , an entity type: Corporation Limited Liability Company Individual, with principal place of business at Address: ; and Beneficiary Name: with address at .

RECITALS

WHEREAS, Warrantor manufactures, sells or supplies the product or item described as Product Description: (the "Product"); and

WHEREAS, Beneficiary purchased or received the Product on Purchase Date: , serial or identification number Serial/ID: ; and

WHEREAS, Warrantor desires to provide and Beneficiary desires to accept the warranty on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

1.1 "Warranty Period" means the period beginning on the Purchase Date and continuing for Warranty Term: unless earlier terminated in accordance with this Agreement.

1.2 "Covered Defect" means a defect in material or workmanship that substantially impairs the normal use of the Product and which is not excluded under Section 3.

2. WARRANTY GRANT

2.1 Subject to the terms and conditions of this Agreement, Warrantor warrants to Beneficiary that during the Warranty Period the Product will be free from Covered Defects. If a Covered Defect arises and a valid claim is made in accordance with Section 5, Warrantor will, at its option, repair or replace the Product or refund the purchase price in accordance with Section 6.

2.2 This warranty is limited to defects that occur under normal use and service and does not apply to damage resulting from abuse, neglect, improper installation, unauthorized modification, accident, or use in a manner inconsistent with the Product specifications.

3. EXCLUSIONS

3.1 The warranty does not cover: normal wear and tear; consumable parts; damage caused by external causes; third-party products or services; or defects arising from repair, modification or maintenance by any party other than an authorized representative of Warrantor.

4. TERM AND TERMINATION

4.1 This Agreement commences on the Effective Date and continues for the Warranty Period unless earlier terminated as provided in this Agreement. Termination of the Agreement does not relieve either party of obligations incurred prior to termination.

4.2 Warrantor may terminate this Agreement for material breach by Beneficiary if Beneficiary fails to cure such breach within thirty (30) days after written notice.

5. CLAIMS PROCEDURE

5.1 To make a claim under this warranty, Beneficiary must: (a) provide written notice to Warrantor at the address specified in Section 9 describing the nature of the defect; (b) provide proof of purchase and serial number; and (c) permit Warrantor or its agent reasonable access to inspect the Product.

6. REMEDIES

6.1 Upon receipt of a valid claim, Warrantor will, at its sole option and subject to availability, (a) repair the Product, (b) replace the Product with a product of substantially equivalent function and performance, or (c) refund the purchase price of the Product. Beneficiary's exclusive remedy for breach of this warranty is limited to the remedy selected by Warrantor.

7. LIMITATION OF LIABILITY

7.1 EXCEPT FOR LIABILITY ARISING FROM Warrantor'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT WILL WARRANTOR BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Warrantor's aggregate liability under this Agreement, whether in contract, tort (including negligence) or otherwise, shall not exceed Liability Cap: $.

8. TRANSFERABILITY

8.1 This warranty is . If transferable, transfer requires written notice to Warrantor and proof of transfer of ownership.

9. NOTICES

9.1 All notices, requests, consents and other communications required or permitted under this Agreement must be in writing and sent to the addresses set forth below or to such other address as a party designates by notice in accordance with this Section.

10. GOVERNING LAW

10.1 This Agreement will be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

11. ENTIRE AGREEMENT

11.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

12. SEVERABILITY

12.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect and the parties will negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves, to the extent possible, the parties' original intent.

13. AMENDMENT; WAIVER; COUNTERPARTS

13.1 No amendment to this Agreement will be effective unless in writing and signed by authorized representatives of both parties. No failure or delay by either party in exercising any right under this Agreement will operate as a waiver of that right.

13.2 This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together constitute one and the same instrument.

14. MISCELLANEOUS

14.1 Beneficiary obligations. Beneficiary must follow any installation, operation and maintenance instructions provided by Warrantor. Failure to do so voids this warranty.

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