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              Warranty, Remedy and Liability
  Warranty

Motien Technology warrants her AC/DC power Modules and DC/DC converters, DC/DC LED drivers for two years, from the date of shipment, against defects in material and workmanship.

Such warranties are the sole and exclusive warranties given by with respect to the products and are in lieu of an exclude all other warranties, expressed or implied, arising by operation of law or otherwise including without limitation, the implied warranties of merchantability and fitness for a particular purpose whether or not the purpose or use has been disclosed to Motien Technology in specifications, drawings or otherwise, and whether or not Motien’s products are specifically designed and/or manufactured by Motien Technology for Customer’s use or purpose.

These warranties do not extend to any losses or damages resulted from misuse, accident, abuse, neglect, normal abrasion, unsuitable power sources supplied, unsuitable environmental conditions(inappropriate equipment of the client or third parties; electrical, heat, electro-magnetic, chemical or electrolytic effects..etc), negligence (other than Motien’s), unauthorized modification or alteration, improper installation, maintenance or application or any other cause not the fault of Motien Technology.

To the extent -- Customer or its agents have supplied specifications, information, representation of operating conditions or other data to Motien during the period of selection or design of the Products and the preparation of Motien’s quotation, and in the event that actual application conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.

If within thirty (30) days after Customer’s discovery of any warranty defects within the applicable warranty period, Customer notifies Motien thereof in writing, Motien shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for that portion of the Products found by Motien to be defective.

Once Customer fails to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Customer’s claim for such defects.

Advance written permission to return Products that are claimed to be defective must be obtained from Motien in the form of Motien’s Return Material Authorization (“RMA"). Such Products must be shipped, transportation prepaid, to Seller in accordance with Motien’s then current RMA policy and procedures. Products returned without Motien’s written permission will not be accepted by Motien.

Products repaired or replaced during the applicable warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer.

Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other products/components.

This Section applies to any entity or person who may buy, acquire or use the Motien’s Products, including any entity or person who obtains the Products from Customer, and shall be bound by the limitations therein, including Section of Remedy and Liability.

 
 
  Remedy and Liability

LIMITATION OF REMEDY AND LIABILITY
The sole and exclusive remedy for breach of any warranty hereunder (other than the warranty provided under section Warranty) Shall be limited to repair, correction or replacement, or refund to the purchasing price.

Motien shall not be liable for damages caused by delay in performance and in no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise), shall Motien’s Liability to customer and/or its client exceed the price paid by customer for the specific products provided by Motien giving rise to the claim or cause of action.

Customer agrees that in no event shall Motien’s liability to Customer and/or its Clients extend to include incidental, consequential or punitive damages.

The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.

It is expressly understood that any technical advise furnished by Motien with respect to the use of product is given without charge, and Motien assumes no obligation or liability for the advice given, or result obtained, all such advice being given and accepted at customer’s risk.

INDEMNIFICATION
Customer shall indemnify, defend and hold harmless Motien from and against any and all liabilities, losses, expenses, liens, claims, demands and causes of action arising out of any negligent act or omission of Customer, its officers, agents, employees, contractors or assigns.

 
 
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