额外的产品条款:卖方向买方声明并保证，在产品装运之日起90天内(“保修期”), that all Products furnished by Seller hereunder will be (i) within the limits and of the sizes offered by Seller, (ii) subject to Seller’s standard tolerances for variations, and (iii) in compliance with Seller’s written specifications in effect as of the date of shipment of Products. This warranty does not apply to custom Products or Products: (a) that Seller determines have been modified or damaged in any way by Buyer or a third party, (b) that Seller determines have been packaged, stored or shipped contrary to Sellers specifications, or (c) for which an “end of life” notice has been given and which are purchased by Buyer in a “last time buy” opportunity, all of which are provided “AS IS”, without warranty of any kind, and cannot be returned to Seller for any reason. Products manufactured by a third party (“第三方产品“）可以构成，含有，包含在并与产品一起连接到，附接到或包装中。第三方产品未在本节保修范围内。除非本文明确规定，卖方无论家具的材料，产品或第三方产品均不得其他代表性或保证，特此明确排除了特定目的的可商标性或适应性的任何保证，无论是明示或暗示的法律，过程交易，绩效，贸易用法或其他方式。买方必须立即通知卖方，但在不到三十（30）天的任何优先于买方发现任何产品保修缺陷的情况下，全部详情都在支持索赔。卖方保留检查产品以确认保修适用性的权利。If such Product qualifies as a warranty defect, Seller, in its sole discretion and as Buyer’s sole and exclusive remedy, will repair or replace the Product upon return of the defective Product or issue a refund for the Product for the portion of the Product found by Seller to be defective. Failure by Buyer to give Seller notice of the defect within the applicable time period will be an unconditional and absolute waiver of Buyer’s claim for such defect. Buyer agrees to return such Product(s) to Seller’s designated premises at the Buyer’s expense. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY PRODUCT WARRANTY IS REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE OF THE AFFECTED PRODUCT(S) EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. If any Product shall be manufactured or sold by Seller to meet Buyer’s particular specifications or requirements and is not part of Seller’s standard line offered by it to the trade generally in the course of Seller’s business, Buyer agrees to indemnify, defend and hold harmless Seller, including its affiliates, representatives, employees, officers and agents, and successors and assigns (each, a “卖方接受赔偿者”)对所有诉讼在法律或权益(包括仲裁)和从所有损失,索赔,威胁,行动,定居点,要求和负债(包括律师费用和间接,附带损害)引起的或与之相关的任何第三方索赔,声称这样的产品侵犯或挪用任何专利,版权,商业秘密,或其他任何第三方的知识产权(“IP要求”),买方应立即和充分补偿卖方或卖方接受赔偿者为所有国防费用(包括律师费用,费用,损失和结算)发生的卖方或卖方接受赔偿者捍卫任何诉讼或行动(包括仲裁)可能带来或威胁针对卖方或卖方接受赔偿者对任何知识产权索赔。
新泽西居民的法律通知：根据新泽西州的真实性合同，保修和通知法案（“TCCWNA“），N.J.S.A.56：12-14 et SEQ。，消费者不得提供任何书面合同，其中包括任何违反任何明确建立的消费者的法律权利或卖方的责任，由州或联邦法所设定的任何书面合同。此外，在TCCWNA下，没有消费者合同可能说明其任何条款或在某些司法管辖区内的任何规定或可能在未经新泽西州的任何规定或不空缺，不可执行的或不适用或不适用的任何规定。Therefore, (1) in Sections 14 (Additional Product Terms) and 15 (Limitation of Liability) of these Terms and Conditions, (i) the provision concerning limiting Seller’s liability for any loss or damage is not applicable to New Jersey residents to the extent Seller is negligent or has breached its obligation to you, (ii) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property, and (iii) the provision concerning indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions; and (2) in Section 29 (Disputes) of these Terms and Conditions, (i) the provisions which limit the time within which claims against us must be brought, and (ii) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.