Product Warranty; Disclaimer; Limitation of Liability.
Product Warranty
a. General Product Limited Warranty. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 17 ALL PRODUCTS ARE SOLD ON AN "AS-IS," "WHERE IS," AND "AS-AVAILABLE" BASIS. Hiseka agrees to transfer to you, at the time of sale, to the extent transferable, the warranties Hiseka receives from manufacturers with respect to the Products sold by Hiseka to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING Hiseka. 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 17. 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 Hiseka, on the Site or otherwise, as Chip Outpost products (the "Chip Outpost Products"). If you elect to purchase any Chip Outpost Product, Hiseka warrants solely to the original purchaser of the Chip Outpost Product from Hiseka, 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, Hiseka shall promptly, at Hiseka'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 Hiseka's Return Policy (see Section 14 above).
Third Party Testing. Hiseka 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 Hiseka.
c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 17, (i) Hiseka MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) Hiseka 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. Hiseka 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 Hiseka 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. Hiseka offers its applications engineering solely as a convenience to Hiseka customers. Hiseka applications engineering personnel strive to provide useful information regarding Products. Hiseka does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Hiseka 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 Hiseka applications engineering personnel, or other Hiseka 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 Hiseka does not guarantee that such information or recommendations are accurate, complete or correct.
Electronic Assemblies. Hiseka may offer for sale assemblies made from a combination of Products, which may or may not be included in an enclosure ("Electronic Assemblies"), and such Electronic Assemblies shall be Products under these Website Terms of Use and Conditions of Order. Hiseka agrees to transfer to you, at the time of sale, to the extent transferable, the warranties Hiseka receives from manufacturers with respect to the Products that make up the Electronic Assemblies. Hiseka warrants for a period of ninety (90) days following the delivery of Electronic Assemblies by Hiseka that Hiseka’s assembly services regarding Electronic Assemblies ("Assembly Services") will be free from material defects in workmanship. Hiseka’s warranty is limited to the Assembly Services and does not apply (i) to any of the Products that make up the Electronic Assemblies; or (ii) to any sales kits or other packaging of Products by Hiseka where no assembly is required. This warranty applies to the original purchaser only, and for a ninety-day period from the date of delivery, and only to Electronic Assemblies subject to normal use and service. This warranty does not cover damage resulting from shipping, negligence, accidental misuse or abuse and improper operation, maintenance, service or storage. Hiseka MAKES NO OTHER WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ELECTRONIC ASSEMBLIES, THE ASSEMBLY SERVICES, AND THE PRODUCTS THAT COMPRISE THE ELECTRONIC ASSEMBLIES. CUSTOMER ACKNOWLEDGES AND AGREES THAT CREATING ELECTRONIC ASSEMBLIES COULD VOID OR INVALIDATE ANY WARRANTY PROVIDED BY THE COMPONENT MANUFACTURER. CUSTOMER ACCEPTS THE RESPONSIBILITY FOR REVIEWING COMPONENT MANUFACTURER WARRANTIES AND DETERMINING THE EXTENT TO WHICH THEY MAY APPLY OR BE VOIDED BY THE COMBINATION OF PRODUCTS TO CREATE ELECTRONIC ASSEMBLIES.
Customized Products. Hiseka also may, at the request of a customer, assemble, augment, and/or program Products in accordance with specifications provided by a customer ("Value-Added Services"), and any such Products assembled, augmented, or programed by Hiseka (each a "Customized Product") also shall be Products under these Website Terms of Use and Conditions of Order. The customer has the sole responsibility to determine whether the Customized Product is a product that is suitable for the use or uses the customer intends and customer is responsible for all quality and tolerance testing. The customer also represents and warrants that all information contained in any specification customer provides to Hiseka is complete and accurate and any Customized Product prepared in accordance with the customer’s specifications will not infringe or misappropriate the right of any third party, including, without limitation, any intellectual property right. A Customized Product is Non-Cancellable/Non-Returnable. Hiseka warrants that Value-Added Services will conform to customer’s written specifications accepted by Hiseka for ninety (90) days after delivery of Customized Products by Hiseka. Hiseka does not warrant the Products themselves or the Customized Product, except with respect to the Value-Added Services as provided for herein. This warranty applies to the original purchaser only, for a ninety-day period from the date of delivery, and only to Customized Products subject to normal use and service. This warranty does not cover damage resulting from shipping, negligence, accidental misuse or abuse and improper operation, maintenance, service or storage. WITHOUT LIMITING ANY OTHER TERM OR PROVISION OF THESE CONDITIONS OF ORDER, HISEKA EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE CUSTOMIZED PRODUCT IS SUITABLE FOR USE IN ANY MEDICAL DEVICE OR IN ANY APPLICATION INCLUDING, BUT NOT LIMITED TO, LIFE SAFETY, LIFE SUPPORT, LIFE SUSTAINING, SURGICAL, HUMAN IMPLANT, NUCLEAR, OR AIRCRAFT APPLICATIONS OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CREATE A SITUATION IN WHICH PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH IS LIKELY TO OCCUR. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE VALUE-ADDED SERVICES AND CREATION OF CUSTOMIZED PRODUCTS COULD VOID OR INVALIDATE ANY MANUFACTURER WARRANTY.
No Other Warranties. Except for a duly-authorized officer of Hiseka making an additional warranty in writing, no employee or agent of Hiseka or any other party is authorized to make any warranty in addition to those made in this Section 17.
d. Limitation of Liability. IN NO EVENT SHALL HISEKA 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 HISEKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF HISEKA RELATING IN ANY WAY TO ANY PRODUCT, ASSEMBLY SERVICE, OR VALUE-ADDED SERVICE EXCEED THE PURCHASE PRICE FOR THE PRODUCT (AND WITH RESPECT TO ASSEMBLY SERVICES AND VALUE-ADDED SERVICES, THE PRODUCT TO WHICH SUCH SERVICE RELATES), 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 countries 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.
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