Limited Product Warranty

1. DEFINITION

Unless the context otherwise provide, the following words as used in this statement shall have only the following meanings:

• “Seller” or “ZEMECS” shall mean Turera Teknolojik Ürünler A.Ş. or its subsidiary in the Seller’s country
• “Buyer” shall mean the individual or entity identified on the applicable purchase order, supply agreement, Seller’s quotation, order acknowledgement or confirmation,
• “Product(s)” shall mean the Products defined in Exhibit-A.
• “Warranty Period” shall mean 1(one) year from date of original shipment from Seller’s facility unless a different time period is set forth in Exhibit A.

2. LIMITED WARRANTY
   • On condition that the products are used according to their intended use, ZEMECS grants to the Buyer a “Manufacturer’s Limited Warranty” (“Warranty”) as set forth in Exhibit A. This Warranty covers defects in materials or workmanship arising under proper and normal use.
   • This Warranty shall apply only to the Products and shall not apply to any other goods or materials, parts or components of a system or any system as a whole.
   • This Warranty does not cover ordinary wear and tear. Seller does not warrant any products manufactured by third parties; provided that Seller will, to the extent permitted by the manufacturer, assign third-party warranties to Buyer.

3. CONDITIONS OF WARRANTY
   • The warranties and remedies set forth herein are further contingents on the proper receipt, handling, storage, installation, and use of the Products. The Products are intended for use exclusively in interior (indoor, except those clearly specified to be used outdoor) premises with customary conditions.
   • This warranty does not

1. Apply to any part of a Product that has been installed, altered, repaired, or misused in any way that, in the opinion of ZEMECS, would affect the reliability or detracts from the performance of any part of the Product, or is damaged as the result of use in a way or with equipment that had not been previously approved by ZEMECS.
2. Apply to any Product or parts thereof where the serial number or the serial number of any of its parts has been altered, defaced, or removed.

• Cover replacement or repair necessitated by loss or damage from any cause beyond the control of ZEMECS, such as lightning or other natural and weather-related events or wartime environments.

1. Cover any labour involved in the removal and or reinstallation of warranted equipment or parts on-site, or any labour required to diagnose the necessity for repair or replacement. No service or labour-related costs are included under the ZEMECS warranty.
2. Apply to any Product that has not been inspected or maintained properly or operated under suitable environmental conditions
3. Cover any consumable provided with the Product or any material provided by a third party

• The Buyer cannot claim Warranty in particular in the following cases:

1. In case of acceptance of a damaged consignment
2. In case of the expiration of the Warranty period for the Products claimed

• In case the defect was caused by wear and tear, accident, negligence, alteration, abuse, misuse, defective installation, improper storage and/or transportation, damage from exposure other than normal temperature and/or humidity, direct or indirect exposure to aggressive chemicals or excessive vibrations

1. In case of inappropriate use of the Products or of use in inappropriate premises
2. In case of failure to observe instructions stipulated by the manufacturer or by ZEMECS
3. In case the defect was caused by unskilled installation, treatment, operation, use, manipulation, or negligence

• In case of damage to the Products caused by forces of nature.

4. INSPECTION
   • If Buyer claims that a Product is defective in materials or workmanship, Seller shall have the right to either examine the Product where it is located or, in its sole discretion, issue shipping instructions for return of the Product.
   • ZEMECS’s inspection in response to a Warranty claim shall not constitute acceptance or acknowledgment of the claim’s validity. The Buyer shall prepay all transportation charges for such return.

5. REMEDIES
   • ZEMECS’s sole and exclusive obligation and Buyer’s exclusive remedy under this warranty is ZEMECS’s repair or replacement of the defective ZEMECS product. ZEMECS shall have sole discretion as to which of these remedies ZEMECS will provide to Buyer.
   • For any defective firmware contained in the ZEMECS product, ZEMECS will provide Buyer with updated firmware only and Buyer will be solely responsible for its installation.
   • Buyer-requested onsite warranty service is not covered and will be at Buyer’s sole expense, unless authorized in writing by ZEMECS in advance.
   • ZEMECS has the right to either examine the ZEMECS product where it is located or, in its sole discretion, issue shipping instructions for return of the ZEMECS product.Where applicable, Buyer shall return the defective product, part or component, transportation prepaid to ZEMECS’s customer service department accompanied by ZEMECS’s Return Material Authorization.If ZEMECS confirms that there is a defect that is covered by this warranty, the repaired or replaced ZEMECS product will be warranted for the remainder of the warranty period applicable to the originally shipped ZEMECS product, or for a period of 90(ninety) days from the date of shipment to Buyer, whichever is longer. If requested by ZEMECS, Buyer must provide a proof of purchase, including date of purchase, in order to receive warranty coverage.

6. LIMITATION ON LIABILITIES
   • ZEMECS makes no warranty of any kind, expressed or implied, with regards to its products suitability to a particular purpose or ability to sell, except that the Products sold will meet the specifications set forth in the relevant Products description literature.
   • No claims of any kind together, whether as to the Products delivered or for non-delivery of the Products, or otherwise, shall be greater in amount than the purchase price of the Products subject to the claim. Neither ZEMECS nor the Buyer shall, in any event, be liable for loss of profits or incidental or consequential damages of any kind arising out of any defect or non-conformity or non-delivery of the Products.
   • Notwithstanding anything provided to the contrary in this warranty, ZEMECS shall not be liable for any special, indirect, incidental, or consequential damages of any kind, including but not limited to the inability to use, loss of data, profits or revenues, claims of third parties, and the Buyer shall hold harmless and indemnify ZEMECS against any liability in connection thereto. ZEMECS’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE MANUFACTURE, SALE, DELIVERY OR USE OF THE PRODUCTS WILL BE LIMITED TO PROVEN DIRECT DAMAGES, NOT TO EXCEED THE PURCHASE PRICE OF SUCH PRODUCTS.

7. GOVERNING LAW
   • These warranty conditions shall be governed by the laws of the Republic Of Turkey, excluding the conflict law rules and excluding also the provisions of the United Nations Convention on the International Sale of Goods. Any disputes under warranty shall be exclusively judged by the relevant court of the Republic Of Turkey.

EXHIBIT-A

ZEMECS warrants that the Products identified below shall be free from defects in material and workmanship arising under proper and normal use for the following Warranty periods: