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A. GILSON warrants exclusively to BUYER that all products and replacement parts, except expendables, sold hereunder will be free of all defects in material, and workmanship, and conform to specifications for a period of 15 months from the date of shipment to BUYER. This is a limited warranty. GILSON shall not be responsible for the suitability of the design, material or tolerances of the goods for any use intended by BUYER.
B. GILSON's sole and exclusive liability, and BUYER's only remedy, for breach of this warranty shall be, at GILSON's option, to repair or replace the defective products or parts or to refund to BUYER an amount not exceeding the purchase price of the products or replacement parts found to be defective, provided that:
i. Products or replacement parts that BUYER considers to be defective shall be returned to GILSON's designated facility for examination and testing, if requested by GILSON, with transportation costs and insurance prepaid by BUYER. GILSON will reimburse BUYER for shipping and insurance costs and pay return freight and insurance, provided BUYER complies with all terms of this warranty and notifies GILSON prior to returning goods.
ii. GILSON shall not be liable under this warranty if testing and examination by GILSON discloses that either the alleged defect in such products or replacement parts does not exist or was caused by BUYER's or any third person's misuse, neglect, improper installation or testing, unauthorized attempts to repair, any cause beyond the range of intended use, or by accident, fire or other hazard.
iii. If GILSON's testing and examination does not disclose a defect warranted under this Agreement, (a) GILSON shall so advise BUYER and dispose of such products or replacement parts in accordance with BUYER's instructions and at BUYER's cost.
C. GILSON's liability under this warranty is expressly conditioned upon BUYER's notification of GILSON of any claim by BUYER under this warranty within twenty (20) days following BUYER's discovery of facts indicating to BUYER that products or replacement parts shipped hereunder constitute a breach of this warranty.
D. GILSON desires no contact with BUYER's end user with respect to service.
E. GILSON shall not be liable with respect to any product or replacement part that has been modified or altered in any manner after shipment by GILSON.
F. GILSON shall not be liable with respect to any product or replacement part not returned in its original shipping container or a functionally equivalent container, or any product or replacement part which was not packaged for shipment in strict accordance with instructions set forth in any GILSON user guide applicable to the product.