6.1 Limited Warranty and Warranty Period. Solely during the then-current standard limited Stratasys warranty period applicable to the System, Software, Parts, Consumables, and Services, which periods (if any) are expressly identified as published by Stratasys in System Warranty Period, published at http://www.stratasys.com/legal/system-warranty-period, the Product literature, the Purchase Order, Purchase Confirmation the Services Agreement and/or, in the case of Consumables, on the label attached thereto (each such period, as applicable, the "Warranty Period") (In the event there is any discrepancy between the Warranty Period stated in System Warranty Period and on any other document, the Warranty Period stated in System Warranty Period shall prevail over any other document, unless expressly otherwise agreed by Stratasys in writing), Stratasys warrants as follows: (a) the System (excluding the Software), Parts and/or Consumable shall be free from defects in materials and workmanship; (b) the Software shall perform substantially in accordance with its published documentation, and (c) the Services shall be performed in a professional and workmanlike manner.
6.2 Limited Warranty Remedies. In respect of a valid warranty claim under Section 6.1 (Limited Warranty and Warranty Period) above, Stratasys, as its sole obligation and as Customer’s sole remedy hereunder shall (A) in the case of the System (excluding Software), a Part, or Consumable, either repair or replace, at Stratasys’ sole option, any such System, Part or Consumable with a new or refurbished conforming System, Part or Consumable, as determined by Stratasys in its sole discretion, provided that (i) Stratasys, in its discretion, shall be entitled to re-acquire (at no cost to Stratasys except as expressly provided in clause (ii) below) the ownership of any such defective System, Part or Consumable that has been replaced; (ii) at Stratasys’ request and cost and expense, Customer shall return to Stratasys any such replaced System, Part and/or Consumable within thirty (30) days; and (iii) Stratasys will be entitled to invoice the Customer for any such items not returned within this time period; (B) in the case of the Software, make commercially reasonable efforts to resolve inconsistencies between the functionality of such software and its published specifications; and (C) in the case of Services, as (and if) expressly set out in the applicable Services Agreement.
6.3 Exclusion of Warranties. Stratasys’ limited warranty obligations hereunder shall terminate and shall not apply where any Product or Software failure or other breach of warranty was caused by: (i) catastrophe, fault or negligence of the Customer; (ii) operation or use of the Products in violation of applicable laws or regulations; (iii) improper or unauthorized use including, without limitation, use prior to receipt of a COI (where applicable); (iv) use of any unauthorized consumables (polymer resins, powder, filaments, support material & fluids or any other polymer suitable to be used by the Product), printing heads or Parts, ; (v) installation, modification or repair other than by Stratasys or its authorized technical representatives; (vi) removal of the Products from the original installation site, unless authorized by Stratasys in writing; (vii) unusual stress; (viii) power failure; (ix) deviation from Stratasys’ recommended maintenance procedures; or (x) failure to maintain the prescribed environmental or other conditions at the installation site or any other failure to comply with applicable Product instructions and/or documentation.
6.4 WARRANTY DISCLAIMER. THE WARRANTIES SET FORTH IN THIS SECTION 6 (PRODUCT WARRANTY) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT). STRATASYS disclaims that the operation Of SOFTWARE will be uninterrupted or error free, or that the functions therein will meet or satisfy the customer (or user’s) requirements or intended use. THE REMEDIES PROVIDED IN SECTION 6.2 (LIMITED WARRANTY REMEDIES) SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF STRATASYS TO CONFORM WITH SUCH LIMITED WARRANTY, AND CUSTOMER SHALL HAVE NO CLAIM, EXCEPT AS AFORESAID, AGAINST STRATASYS OR ANY OTHER MANUFACTURER, SUPPLIER OR LICENSOR OF THE PRODUCTS, SOFTWARE OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, PRODUCT OR OTHER STRICT LIABILITY, TRADE PRACTICES, OR OTHERWISE. REPAIR OR REPLACEMENT OR REFUND (AS ELECTED BY STRATASYS) IN THE MANNER PROVIDED ABOVE SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF STRATASYS WITH RESPECT TO ITS LIMITED WARRANTY, AS WELL AS FOR ANY CLAIMS BASED ON OR RELATING TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS. CUSTOMER IS SOLELY RESPONSIBLE IN ALL CASES FOR SELECTION OF THE PRODUCT(S), SOFTWARE AND SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS OR FOR CUSTOMER’S PARTICULAR APPLICATIONS.
6.5 Use of Unauthorized Parts and Consumables. In the event Stratasys determines that damage to a Product has been caused by the use of unauthorized Parts and/or Consumables, Stratasys may offer to diagnose and repair the Product or its components at Stratasys’ then current maintenance restoration rates.