10. (a) ICM represents and warrants that the Products delivered by ICM to Customer shall: (i) conform to agreed-upon specifications for the Product(s), to the extent any specifications were made part of an order; and (ii) be free from faulty workmanship and defective materials. The foregoing warranties shall be limited to a one (1) year period commencing on the date of shipment of the applicable Product(s) or following notice to the Customer that the Product(s) is/are ready for shipment (the “Warranty Period”) provided (i) the Products have been properly cared for and used in accordance with ICM’s instructions, if any, and (ii) Customer promptly notifies ICM in writing of any warranty claim during the Warranty Period. The warranties provided by ICM in this Section 10(a) are the only warranties provided by ICM with respect to the Product(s) sold hereunder, and may be modified or amended only by a written instrument signed by ICM. Customer’s remedies and ICM’s aggregate liability with respect to the warranties provided by ICM in this Section 10(a) are set forth in and limited by this Section 10 and Section 11 below.
(b) In the event any Product fails to meet the warranties in Section 10(a) above during the Warranty Period, ICM’s sole obligation, in ICM’s sole discretion, shall be to either repair or replace the non-conforming Product.
(c) ICM shall not be liable for any repairs or other claim if alterations have been made to the Products by the Customer or others without ICM’s prior written consent. Components and accessories furnished by third parties are warranted only to the extent of the original manufacturer’s warranty to ICM and then only to the extent that such original manufacturer’s warranty is assignable by ICM to Customer.
(d) Notwithstanding anything herein to the contrary, ICM‘s warranties hereunder shall be considered void and shall not cover damages/defects to Products caused by: (i) normal wear and tear; (ii) Customer‘s negligence, abuse, accident, improper storage, user maintenance of the Products; changes to the Products carried out by the Customer without ICM’s prior written approval; (iii) the use of inadequate or unauthorized accessories on the Products; (iv) the use of the Products for purposes other than their intended use; (v) electrostatic discharges, electrical surges, improper electrical connections; or (vi) repairs to, alteration of, or work done on the Products without ICM’s prior written authorization.
(e) Prior to return of any Product to ICM, or any part or component of such Product alleged to be defective, Customer shall first obtain a Repair Authorization Number from ICM staff who evaluated the problem. The Repair Authorization Number must be included on all shipping documents. Any Products, or parts or components of such Products, sent to ICM without an assigned Repair Authorization Number will be rejected.
(f) All transport charges to ship any Products to be repaired or replaced (including any applicable import duties claimed by governmental authorities as well as clearance fees) and the relevant return freights shall be the sole responsibility of the Customer.
(g) THE EXPRESS WARRANTIES OF ICM STATED IN SECTION 10(a) ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCTS. ICM’S WARRANTY OBLIGATIONS AND CUSTOMER’S REMEDIES ARE SOLELY AND EXCLUSIVELY AS STATED IN THIS SECTION 10.