Terms and Conditions - Product Sales

Rev 2021.07.7
- 9 -
exclusive property. Buyer shall not disclose any such material to third parties without PHI’s prior written
consent.
B. PHI’s Ownership of Information. PHI will retain sole ownership of all discoveries, improvements,
inventions, patents, trademarks, copyrights, know-how, trade secrets, or other intellectual property rights
associated in any way with the Products delivered or Services performed. Buyer specifically agrees that all
improvements, inventions, discoveries and copyright in works of authorship, including but not limited to
those in formative stages made by either Party (either alone or jointly with others) improving upon or
related to a Product shall from the time of conception, or in the case of works of authorship, from the time
of creation, be the property of PHI.
C. Software. To the extent that the use of software is required for the operation of a Product
delivered by PHI, to Buyer, PHI hereby grants Buyer a non-exclusive and non-transferable right of use of
the software, including but not limited to its documentation for the sole purpose of using such software as
may be required for the operation of the Product. Buyer has no right to use such software for any other
purpose or to reproduce, reverse engineer, translate or convert the software from object code to source
code.
12. Returns and Exchanges. Buyer agrees to PHI’s return policy as stated on the PHI’s website. Before
returning or exchanging a Product, Buyer must contact PHI
to obtain an authorization number for the
return of the Product. Buyer
must return the Product in its original or equivalent packaging, and Buyer shall
be responsible for risk of loss and shipping and handling fees. Additional fees may apply. If Buyer fails to
follow the return or exchange instructions, PHI will not be responsible for any loss, damage, or modification
of the Product, or processing of the Product for disposal or resale. Credit for partial returns may be less
than invoice or individual component prices due to bundled or promotional pricing associated with the
Product. Title to a returned or exchanged Product shall pass to PHI upon receipt by PHI of the returned
Product and payment of any amount due PHI arising out of the handling or such returned or exchanged
Product.
13. Express Warranty. PHI provides a Limited Warranty (herein also called the Express Warranty) with
respect to each Product.
A. THE LIMITED WARRANTY FOR EACH PRODUCT SHALL BE AS STATED IN THE
DOCUMENTATION PROVIDED WITH THE PRODUCT. IF THERE IS NO SUCH DOCUMENTATION,
THEN THE LIMITED WARRANT SHALL BE AS STATED ON PHI’s WEBSITE.
B. THE LIMITED WARRANTY DOES NOT COVER DAMAGE DUE TO EXTERNAL CAUSES,
SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICES NOT
PERFORMED OR AUTHORIZED BY PHI, USAGES ON INSTALLATIONS NOT IN ACCORDANCE WITH
THE PRODUCT INSTRUCTIONS, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS
NOT SUPPLIED, INTENDED OR AUTHORIZED FOR USE WITH THE PRODUCT.
C. EXCEPT AS EXPRESSLY STATED ABOVE OR IN THE LIMITED WARRANTY, AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, PHI (INCLUDING PHI’S AFFILIATES, CONTRACTORS, AND
AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON
BEHALF OF ITSELF AND ITS SUPPLIERS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH