Seller shall incur no liability under this warranty unless: Seller is, within the applicable warranty period, promptly notified in writing by Buyer of discovery of any defects in the Products; Buyer immediately returns upon written authorization from Seller to do so, transportation charges prepaid, the alleged defective Products in the form in which originally shipped, with the Return Authorization Number provided by Seller clearly displayed; and Seller’s test procedures disclose that the Products do not meet Seller’s applicable specifications only due to defects in materials and/or its normal standards of workmanship.
In the event the Products or any part thereof become, or in Seller’s opinion, are likely to become the subject of a claim of infringement of a Taiwan or China patent, copyright, mask work or other industrial or intellectual property rights, or if the use of the Products or any part thereof is enjoined in any such infringement suit, Seller shall at its option and expense either procure for Buyer the right to continue use of said Products, replace said Products with non-infringing products, modify said Products so that they become non-infringing, or accept the return of the affected Products and refund Buyer the depreciated value thereof. In no event shall Seller’s total liability to Buyer under the foregoing indemnity exceed the purchase price of the allegedly infringing Products.
Any notices required by these terms and conditions shall be sufficient only if dispatched by facsimile, personally delivered, delivered by a major commercial rapid delivery courier or mailed by certified or registered mail, return receipt requested.
