SpecTek Limited Warranty

      SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OF TRADE OTHER THAN THAT SELLER WARRANTS ONLY THAT THE PRODUCT COMPLIES WITH SELLER'S SPECIFICATION SHEET FOR THE PRODUCT AT THE TIME OF DELIVERY, PROVIDED THAT DEVIATIONS FROM SPECIFICATIONS WHICH DO NOT MATERIALLY AFFECT PERFORMANCE OF SUCH PRODUCT IN THE SYSTEM AND CONFIGURATION IN OR FOR WHICH IT IS INITIALLY INSTALLED OR QUALIFIED BY CUSTOMER SHALL NOT BE DEEMED TO CONSTITUTE FAILURE TO COMPLY WITH SUCH SPECIFICATIONS.

      Any claim against Seller must be made within 90 days from the date of shipment by Seller for Micron branded products and within one year from the date of shipment for SpecTek branded products and Seller has no liability thereafter. Seller's liability is limited to repair or replacement of the defective product or credit or refund of the purchase price of the defective product, provided that Seller may elect refund in lieu of credit, replacement or repair. Allegedly nonconforming product shall be returned as provided herein to Seller, transportation charges prepaid. All warranties cover only defects arising under normal use in compliance with Seller's specifications and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, or improper installation, or repairs by anyone other than Seller. No agent, employee or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty relating the products other than as specifically provided herein.

1. if product becomes defective during the warranty period, Customer shall notify Seller promptly in writing of any claims.
2. if Seller advises Customer to return product for repair or replacement, Customer will follow Seller's instructions with respect to the return of such product.
3. if product alleged by Customer to be defective or returned to Seller for repair as provided in this section is either:
   1. not under warranty, or
   2. determined not to be defective, or
   3. defective due to any cause or condition not covered under the warranty provided herein, Customer agrees to reimburse Seller for all reasonable expenses incurred in traveling and/or the shipping, handling, and inspection of such product
4. products will be accepted by Seller for warranty claim verification only when returned by Customer in a condition which allows for suitable testing by Seller.
5. when more than one type of product is returned, the products must be segregated by product type.
6. Seller shall reimburse Customer for shipping charges to the extent of the percent of the total returns that are found by Seller to be defective as specified herein.
7. any returned products electrically or mechanically destroyed by Customer or third parties will not be covered by this warranty, and will not be returned to Customer, but will be scrapped by Seller.

LIMITATION OF LIABILITY
      IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SELLER'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, THE NEGLIGENCE OF SELLER, OR OTHERWISE.

Terms and Conditions of Sale

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