Sidus Solutions warrants that all equipment sold pursuant to the Agreement is free from defects in material or workmanship at the time of delivery. If Sidus Solutions receives written notice of any such defect within twelve (12) months of shipment, and if the defect is not the result of improper usage, service, maintenance, or installation by someone other than Sidus Solutions or its authorized representative, and the equipment has not been damaged or abused after delivery nor altered or modified by anyone other than an authorized employee or representative of Sidus Solutions, Sidus Solutions shall replace or repair (at its sole option) the defective parts of equipment in accordance with the following:
(1) Any such defective part or parts may be returned prepaid by Buyer to Sidus Solutions’ plant (or to any other repair facility designated by Sidus Solutions); (2) if Sidus Solutions, in its sole discretion, determines upon examination that the part or parts returned contain a defect in material or workmanship covered by this warranty, Sidus Solutions shall repair or replace the part or parts at its expense, return ship such system, and bill Buyer for the cost of transportation of the repaired or replaced parts, (3) If Sidus Solutions determines upon examination that there is a defect in the part or parts returned, but the defect is not covered by this warranty, Sidus Solutions shall notify Buyer of the cost incurred to diagnose the defect and of the estimated cost of correcting the defect and, if requested to do so by Buyer, will correct such defect at Buyer’s expense by repair or replacement, return ship such part or parts to Buyer, and bill Buyer for the cost of transportation, diagnosis, and repair or replacement, (4) If Buyer does not request Sidus Solutions to repair or replace such defect, Sidus Solutions shall return the part or parts to Buyer and bill Buyer for the cost of transportation and diagnosis.
Sidus Solutions warrants that any repairs performed pursuant to this agreement shall be free from defects in material and workmanship for a period of ninety (90) days from the date of shipment. In accordance with the terms of above, Sidus Solutions shall correct such defect at its expense and return ship such parts and/or equipment to Buyer. Buyer shall be responsible for all transportation costs related to such repair.
SIDUS SOLUTIONS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF ANY DEFECT IN ANY EQUIPMENT SOLD HEREUNDER, and Sidus Solutions’ liability is specifically limited to its obligation described herein to repair or replace a defective part or parts covered by this warranty.