The end user limited product warranty detailed below (the “Warranty”) is granted by Peraso Technologies Inc. (hereinafter referred to as “Seller”) and applies only to DUNE brand hardware products (hereinafter referred to as the “Products”) sold by Peraso subsidiaries, affiliates, authorized resellers or country distributors. The Warranty period stated below supersedes and replaces the Warranty period as stated in the user manuals for the relevant Products.
Except as specified herein, Products sold hereunder shall be free from defects in materials and workmanship and shall conform to Seller’s published specifications or
other specifications accepted in writing by Seller for a period of one year from the date of shipment of the Products. This Warranty does not apply to any Products which have been subject to misuse, neglect, accident or modification or which have been rendered incapable of being tested under normal test conditions. Seller’s sole obligation for Products failing to comply with this Warranty shall be, at its option, to either repair or replace the nonconforming Product where, within 14 days of the expiration of the Warranty period, (i) Seller has received written notice of any nonconformity; (ii) after Seller’s written authorization, Buyer has returned the nonconforming Product to Seller; and (iii) Seller has determined that the Product is nonconforming and that such nonconformity is not the result of improper installation, repair or other misuse. All returns under this Warranty shall be obtained through Seller’s standard return procedure, which requires that Buyer obtain a Return Merchandise Authorization (“RMA”) directly from Seller. Proof of purchase will be required. Buyer will bear the cost of freight and insurance to deliver the defective Product to Seller, and Seller will bear the cost of freight and insurance for repaired Products which are shipped to Buyer by Seller. THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SELLER DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY OR OBLIGATION IN CONNECTION WITH ITS PRODUCTS.
LIMITATION OF LIABILITY. Notwithstanding any other provision herein or in any other document or communication, (a) Seller’s liability and obligations with respect to any claim(s) resulting or arising from or relating to this Warranty, whether in contract, strict liability, tort or otherwise, and even if Buyer's exclusive remedy fails of its essential purpose, shall in no event exceed in the aggregate the total purchase price received by Seller for the applicable Products, and (b) Seller shall in no event be liable to Buyer or any other person or entity, whether in contract, strict liability, tort or otherwise, forspecial, indirect, consequential or exemplary damages of any kind whatsoever, or claims of any third parties. By accepting delivery of the Products ordered, Buyer agrees that it indemnifies and holds harmless Seller from and against all claims, loss, damages and liability, including without limitation for personal injury, property damage or commercial loss of whatever kind, directly or indirectly arising from or relating to Buyer’s use of the Products or the hazards inherent in Buyer's facilities or activities.
