Manufacturer’s Warranty
The following warranty is extended from our Manufacturing partner to Libra clients.
Quality assurance
Provider hereby warrants that it will provide the Products pursuant to the specifications published and that the Products shall be free of defects in material and/or workmanship. “Products” means all products and/or components sold to Customer. Provider warrants that all Products are produced through a unified procedure which strictly obeys the ISO9001 and ISO14001 standards, including specialized QC testing and factory inspections to ensure product quality. Provider further warrants that the Products shall conform to the relevant certification(s) as stated in the applicable sales documentation executed by the Parties.
Warranty coverage
1) The Provider shall repair or replace any nonconforming Products, defective Products and failed components of the Products (each considered a “Product Failure”), provided that the Products were properly installed, used, and maintained in accordance with written instructions, which shall be provided to Customer by Provider in English before or upon delivery of the Products. Failure to adhere to and/or comply with the written instructions shall void all of Provider’s associated warranty obligations to the extent such failure caused the claimed damage or Product failure. All damage caused to the Products in the transportation process shall be resolved according to the trade terms established in the applicable sales documentation executed by the Parties. If no trade terms were established in the applicable sales documentation, then Provider shall be liable for damage caused to the Products during the transportation process until Customer takes possession of the Products at its premises, at which point liability for any damage shall pass to Customer.
2) The warranty on the Products shall be in effect for a period of sixty (60) months, unless otherwise agreed to in writing by the Parties and separately documented, beginning from the date the Provider delivers the Products from the main Vietnam port in accordance with this Warranty Statement or the applicable sales documentation executed by the Parties.
Bilateral Liability
1) Prior to delivery of the Products, Provider shall inspect and test the Products and issue a quality inspection certificate for the Products that meet the quality requirements as described herein and in the applicable sales documentation executed by the Parties.
2) The Provider waives any right to require Customer or its customers to conduct any inspections of the Products before, upon or after delivery. For the avoidance of doubt, Customer or its customers shall have the right, but not the obligation, to inspect and test the Products within a reasonable time after the Products are delivered to their destination in accordance with the trade terms established in the applicable sales documentation executed by the Parties. Failure to inspect, test, discover or reject any part of Products shall not release the Provider from liability under this Warranty Statement, nor shall it constitute a waiver by Customer of its right to exercise any right, power or remedy granted hereunder or by applicable law.
3) If a Product Failure occurs, Customer shall send a written report to Provider describing the details of the Product Failure (the “Failure Report”) and maintain a log of such failures. The Failure Report shall include the circumstances by which the failure occurred and an accounting of which specific Products failed. Customer shall cooperate in good faith with Provider in its investigation of the reason(s) for the Product Failure. Customer shall have the right to return the failed Products during the warranty period to Provider, provided that Provider verifies and confirms the Product Failure before Customer returns the failed Products. Upon confirmation from Provider of the Product Failure, Customer shall, with Provider’s written guidance, prepare the appropriate documentation for the return shipment’s clearance with Customs procedures. Provider shall have the right to reject any Products returned prior to Provider’s confirmation of a Product failure.
4) Upon Provider’s receipt of the failed Products, Provider shall make all commercially reasonable efforts to find out the reason(s) of the Product Failure(s) within fifteen (15) business days after the receipt of any failed Product. Provider shall deliver the repaired or replaced Products to Customer no later than two (2) months from the date of Provider’s receipt. Provider shall notify Customer in writing about any delays in the repair or replacement process at least three (3) days in advance of the repair or replacement deadline. Provider shall inform Customer in writing of the Product’s failure reason(s) and clarify how to prevent the reoccurrence of such Product.
Failure(s) in the repaired or replaced Products. Provider shall also inform Customer whether any other Products that Customer had previously purchased from Provider may experience the same or similar Product Failure(s) and how to handle and maintain those Products to prevent additional Product Failures.
5) Freight, handling, insurance and related expenses (collectively, “Shipping Costs”) for returning failed Products back to Provider shall be paid by Provider. The Shipping Costs for sending the repaired or replaced Products back to Customer shall be paid by Provider. If however, upon analysis, it is deemed by mutual agreement by Customer and Provider that the Product is not eligible for warranty replacement, then Customer shall reimburse Provider for such Shipping Costs.
6) The Provider will not be liable for any incidental or consequential losses or damages of any nature, including but not limited to lost profits or commercial loss, to the fullest extent that those losses or damages can be disclaimed by law.