Pantech Prolabs India Private Limited agrees to transfer to Customer whatever transferable warranties Pantech Prolabs India Private Limited receives from the manufacturer of Products sold to Customer. Pantech Prolabs India Private Limited makes no other warranty, express or implied, with respect to the Products. in particular, Pantech Prolabs India Private limited makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose or use or respecting infringement. Pantech Prolabs India Private Limited's liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at Pantech Prolabs India Private Limited's election, with such remedies exclusive and in lieu of all others. Customer must notify Pantech Prolabs India Private Limited within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and Pantech Prolabs India Private Limited's remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.
From time to time, Seller will notify Buyer of a product that is "NC/NR", (Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale. Buyer understands that "NC/NR" products are obtained by Pantech Prolabs India Private Limited from the manufacturer specifically for the buyer. Irrespective of circumstances, the buyer agrees that "NC/NR" products may not be cancelled, returned or rescheduled by the buyer without the agreement of both Pantech Prolabs India Private Limited's supplier and the written consent of Pantech Prolabs India Private Limited. All products purchased by Customers classified by Pantech Prolabs India Private Limited as an Electronic Component Distributors or Brokers shall be deemed Non-Cancellable/Non-Returnable.