IXYS Colorado (formerly Directed Energy) warrants equipment it manufactures to be free from defects in materials and factory workmanship under conditions of normal use, and agrees to repair or replace any standard product that fails to perform as specified within one year after date of shipment to the original owner. This Warranty shall not apply to any product that has been:
• Repaired, worked on, or altered by persons unauthorized by IXYS Colorado in such a manner as to impair, in IXYS Colorado's sole judgment, the performance, stability, or reliability of the product;
• Subjected to misuse, negligence or accident; or
• Connected, installed, adjusted, or used otherwise than in accordance with instructions furnished by IXYS Colorado.
IXYS Colorado reserves the right to make any changes in the design or construction of its products at any time, without incurring any obligation to make any change whatever in units previously delivered.
IXYS Colorado's sole obligation, and buyer's sole remedies, under this agreement shall be limited to a refund of the purchase price, or at IXYS Colorado's sole discretion, to the repair or replacement of products in kind that prove, to IXYS Colorado's satisfaction, to be defective, when returned to the IXYS Colorado factory, transportation prepaid by the buyer, within the warranty period. IXYS Colorado shall in no way be liable for damages consequential or incidental to defects in its products, for failure of delivery in whole or in part, for injuries resulting from its use, or for any other cause.
Returns must be preauthorized and accompanied by a IXYS Colorado return authorization number.
The foregoing states the entire warranty extended by IXYS Colorado, and is given and accepted in lieu of 1) any and all other warranties, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for any particular purpose and 2) any obligation, liability, right, claim or remedy in contract or tort.