a. General Product Limited Warranty. ALL PRODUCTS ARE SOLD ON AN "AS-IS," "WHERE IS," AND "AS-AVAILABLE" BASIS. ICSupplier.Com agrees to transfer to you, at the time of sale, to the extent transferable, the warranties ICSupplier.Com receives from manufacturers with respect to the Products sold by ICSupplier.Com to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING ICSupplier.Com. MANUFACTURERS' WARRANTIES DO NOT APPLY TO CHIP OUTPOST PRODUCTS AND INSTEAD PRODUCTS PURCHASED THROUGH CHIP OUTPOST ARE SUBJECT TO THE SEPARATE CHIP OUTPOST LIMITED WARRANTY SET FORTH IN THIS SECTION 16. ON CERTAIN SPECIALLY ADVERTISED INVENTORY ITEMS, THERE ARE NO MANUFACTURER WARRANTIES OF ANY TYPE, AND SUCH PRODUCTS ARE SOLD ONLY IN LIMITED QUANTITY AND NO BACKORDERS OR RETURNS OF SUCH PRODUCTS ARE AVAILABLE.
b. Chip Outpost Limited Warranty. This limited warranty applies only to Products designated by ICSupplier.Com, on the Site or otherwise, as Chip Outpost products (the "Chip Outpost Products"). If you elect to purchase any Chip Outpost Product, ICSupplier.Com warrants solely to the original purchaser of the Chip Outpost Product from ICSupplier.Com, that the Chip Outpost Product will be free from defects in materials and workmanship for three (3) years from the original invoice date of such Chip Outpost Product (the "Chip Outpost Limited Warranty Period"). The limited warranty does not apply to any product (i) that has been subject to abuse, misuse (including, without limitation, static discharge), neglect, accident or modification, (ii) is otherwise not capable of being tested, (iii) has been installed in an unsuitable installation environment for the product, (iv) has been used for purposes other than for which it was designed, or (v) has been damaged by fire, flood, wind, lightening or similar causes.
Exercising this Limited Warranty. As your exclusive remedy for any breach of this limited warranty, ICSupplier.Com shall promptly, at ICSupplier.Com's option, (i) replace any Chip Outpost Product that does not conform to this limited warranty or (ii) refund to you the purchase price of the defective Chip Outpost Product; provided, however, that these remedies are conditioned on your returning the Chip Outpost Product during the Chip Outpost Limited Warranty Period, or within ten (10) days thereafter, along with a written description of the claimed defect(s), in accordance with ICSupplier.Com's Return Policy (see Section 13 above).
Third Party Testing. ICSupplier.Com reserves the right to have an independent third party examine and test any Chip Outpost Product that is allegedly defective to determine whether such product is, in fact, defective. The conclusion of such independent third party shall be conclusive, final and binding on you and ICSupplier.Com.
c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 16, (i) ICSupplier.Com MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) ICSupplier.Com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. ICSupplier.Com shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by ICSupplier.Com to you subject to any and all applicable intellectual property rights of third-parties and user licenses. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Without in any way limiting the generality of the foregoing:
Applications Engineering. ICSupplier.Com offers its applications engineering solely as a convenience to ICSupplier.Com customers. ICSupplier.Com applications engineering personnel strive to provide useful information regarding Products. ICSupplier.Com does not guarantee that any information or recommendation provided is accurate, complete, or correct, and ICSupplier.Com shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by ICSupplier.Com applications engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and ICSupplier.Com does not guarantee that such information or recommendations are accurate, complete or correct.
No Other Warranties. Except for a duly-authorized officer of ICSupplier.Com making an additional warranty in writing, no employee or agent of ICSupplier.Com or any other party is authorized to make any warranty in addition to those made in this Section.
d. Limitation of Liability. IN NO EVENT SHALL ICSupplier.Com BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT, EVEN IF ICSupplier.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ICSupplier.Com RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some States may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
In most cases, ICSupplier.Com will accept merchandise returns subject to the terms outlined the below and will replace the Product or refund your money at your option.
To facilitate processing of returned merchandise:
Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s).
For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
All ESD sensitive devices will undergo incoming inspection, utilizing ICSupplier.Com's ESD Work Instructions and the most recent version of the ANSI/ESD S20.20 standard. ESD product that has not been handled according to the standard will not be eligible for credit.
Return freight charge must be prepaid.
Products returned solely due to customer error may be subject to a restocking charge.
To the extent that ICSupplier.Com purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
A Mil-Spec Product purchased from ICSupplier.Com is non-cancelable and non-returnable.
"Not-In Catalogue Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable, including Products designated as Chip Outpost Products, except for the Product Warranty.
Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Customer Service representative for details.
By returning any product to ICSupplier.Com, you represent and warrant that the returned product was purchased from ICSupplier.Com, is not counterfeit or otherwise non-conforming, and does not violate the ICSupplier.Com Counterfeit Policy. You also agree that ICSupplier.Com may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event ICSupplier.Com determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, ICSupplier.Com may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.