EMI Filters and RF Shielding Products

ATTENTION: PLEASE READ THIS WARRANTY CAREFULLY BEFORE PURCHASING PRODUCTS FROM US. PURCHASING PRODUCTS FROM DJM ELECTRONICS INDICATES THAT YOU ACKNOWLEDGE THE TERMS AND CONDITIONS OF OUR WARRANTY.

WARRANTY POLICY

DJM Electronics ("DJM") warrants ACTIV EMI Filters (the "Product(s)") supplied by it to be free from defects in materials and workmanship for the period listed below. If, within such period, any such Product shall be proven to DJM's satisfaction to be defective, such Product will be repaired or replaced at DJM's discretion with no charge to the customer.

This warranty shall not apply to products not supplied by DJM or to Products which have been:

repaired or modified by others so as, in DJM's sole judgment, to affect the Products adversely.
damaged by accident or impact.
damaged by circumstances beyond DJM's control.
damaged by improper operation, maintenance or storage.
subjected to other than normal use or service.
powered by a power supply not provided by DJM.

WARRANTY PERIOD

Two (2) years from date of installation at the Buyer's facility or twenty-seven (27) months from the factory ship date, whichever date occurs first.

The remedies set forth herein are conditioned upon Buyer promptly notifying DJM within the applicable warranty period of any defect or non-conformance and making the product available for correction

WARRANTY LIMITATIONS

The foregoing Warranties are exclusive and in lieu of all other express and implied warranties except warranties of Title, including, but not limited to implied warranties of merchantability and fitness for a particular purpose.

DJM shall not be subject to any other obligations or liability whatsoever with Products manufactured by DJM or service rendered by DJM and the foregoing shall not obligate DJM to provide reimbursement for transportation, removal, installation or other expenses which may be incurred in connection with repair or replacement. DJM's sole liability for defects or breach of warranty shall be replacement of the materials involved or refund of the original purchase price. No equipment may be returned without obtaining permission and a Returned Merchandise Authorization (RMA) from DJM. It is the responsibility of the Buyer to remove, pack and ship the Product to DJM for repair/replacement. Returned Products must be packed securely to reach DJM without shipping damages and shipped prepaid by an approved carrier. Products returned to Buyer by DJM must be replaced/installed at Buyer's expense.

BUYER'S REMEDIES

The preceding paragraphs set forth Buyer's exclusive remedies and DJM's sole liability for claims based on failure of the Products to meet any warranty, whether the claim is in contract, warranty, tort (including negligence and strict liability) or otherwise, and however instituted, and, upon the expiration of the applicable warranty period, all such liability shall terminate.

IN NO EVENT SHALL DJM BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT DJM'S WRITTEN CONSENT DESPITE ANY NEGLIGENCE ON BEHALF OF DJM. IN NO EVENT SHALL DJM'S LIABILITIES UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED.

This agreement shall be construed in accordance with laws of the State of California. In the event that any provision hereof shall violate any applicable statute, ordinance, or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.

Any controversy or claim arising out of or relating to the sale, delivery, non-delivery, servicing, assembling, use or loss of use of the products or any part thereof or for any charges or expenses in connection therewith shall be settled in San Diego, California by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator may be entered in either the Federal District Court for the Southern District of California or the San Diego Superior Court, all of the parties hereto consenting to personal jurisdiction of the venue of such court and hereby waive the right to demand a jury trial under any of these actions.