5. Warranties and Limitations
5.1 Parazero warrants that, under normal use and service, each of the Products delivered hereunder shall be free from defects in material and workmanship, for a period of six (6) months after delivery of such Product to Customer (the “Warranty Period”). The foregoing warranty shall not be transferable to any third party, and shall not apply to any other product/s of Customer into which the Products may be integrated, or to consumables or portions of the Products that are expendable by their nature.
5.2 Parazero shall not be liable to Customer if: (i) modifications are made to the Products by someone other than Parazero; (ii) attachments, features or devices are employed on or around the Products that are not supplied by Parazero, with the exception of the aerial vehicle for which the Product was originally designed (provided no material changes or modifications have been made to such aerial vehicle after the date of the Order Form); (iii) the Products are not properly stored, tested, installed, used, operated, maintained or repaired, in accordance with Parazero’s instructions, or otherwise subject to misuse or abuse; or (iv) failure of the Products is caused by factors external to the Products, including, without limitation, improper environment, improper power supply and/or electrical power surges, etc. Without derogating from the generality of the foregoing, it is hereby clarified that the Customer shall be solely responsible for the mechanical and electrical design, installation and integration of the Product and accordingly, the foregoing warranty shall not apply to any defects related to such design, installation or integration.
5.3 If the Products fail to meet the warranty set forth in Section 5.1 above and Customer provides Parazero written notice thereof during the applicable Warranty Period, Parazero shall, at Parazero’s option, correct the failure either by repair or replacement, upon return of the defective Product to Parazero’s premises, and such shall be the sole and exclusive remedy of Customer in connection with any defective Product.
5.4 Parazero represents and warrants that each Product delivered by Parazero to Customer under the Order Form (a) operates in material compliance with the specifications set forth in the Product Description provided to Customer with respect to such Product, (b) does not to Parazero’s knowledge infringe the intellectual property rights of third parties, and (c) does not to Parazero’s knowledge and as of the date such Product has been delivered to Customer, contain malware, or viruses.
5.5 EXCEPT AS SET FORTH HEREINABOVE, PARAZERO MAKER NO OTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE CAPACITY, CONDITION, DESIGN, DURABILITY, MATERIAL, MERCHANTABILITY, PERFORMANCE, QUALITY, SUITABILITY, WORKMANSHIP OR VALUE OF THE PRODUCTS, THEIR NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE PRODUCTS WILL SATISFY THE REQUIREMENTS OF ANY LAW, RULE, REGULATION, SPECIFICATION OR CONTRACT, OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER WITH RESPECT TO THE PRODUCTS OR ANY ASSOCIATED ITEM OF ANY ASPECT THEREOF.
5.6 IN NO EVENT SHALL PARAZERO BE LIABLE PURSUANT TO ANY ORDER FORM OR THESE TERMS OR IN CONNECTION WITH ANY TRANSACTION CONTEMPLATED HEREIN, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, PROFITS, REVENUE, OR USE, WORK STOPPAGE, SYSTEM FAILURE, LOSS OR IMPAIRMENT OF OTHER GOODS, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETER IN ACTION, CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARAZERO’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY ORDER FORM OR THESE TERMS, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO PARAZERO, DURING 12 MONTHS PRECEDING THE ARISING OF SUCH DAMAGES OR CLAIMS.
5.7 Customer will provide any and all support and maintenance services for its clients, directly or via third party maintenance organizations, and shall handle and be solely responsible for any claims or inquiries made by such clients in connection with the Products.
5.8 Customer shall report to Parazero on a regular basis all operational problems, quality problems and reliability problems that were reported by Customer’s clients or otherwise came to Customer’ knowledge regarding the Products.