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ACCEPTANCE OF RETURNS (AOR).
Buyer is deemed to have accepted the
Products unless a written notice of rejection is received
by Seller within SEVEN days of reciept of the consignment.
Buyer waives any right to revoke acceptance thereafter.
Buyer shall report either by Tele-Fax or email
and telephonic informations to the seller for any discrepancy
in shipment quantity or damage within 24 hours of unpacking
the consignement .
No return of Products shall be accepted by
Seller without a Return Material Authorization ("RMA")
Number, which may be issued by Seller in its sole discretion.
All Products for return shall be returned freight prepaid
in the manner specified in the RMA. If returned Products are
claimed to be defective, a complete description of the nature
of the defect must be included with the returned Products
as follows.
- The exact number of specific parts authorized
by the RMA should be returned.
- Modules are free of all other stickers
besides the original label, residues and markings.
- Date codes are with in warranty period
of the RMA request date.
- A copy of the PI / CI must be enclosed
along with the AWB number or/and courier dockit number.
- Proper care, packing and procedures should
be followed to avoid ESD damage; it applies to all personnel
and customers involved in handling, buying, shipping, receiving
and storage of Printed Circuit Boards (PCBs), Integrated
Circuits (ICs), and other ESD sensitive products. ‘Burnt’
components are not covered under manufacturer warranty as
ESD damage is presumed.
- Physically mishandled modules will not
be accepted for replacement. Mishandling includes
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Willful damage or damage due
to neglect or ignorance.
Product mishandling symptoms include: |
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i) broken or chipped PCB
ii) aberration or corrosion on module gold connector pins
iii) residual foreign matter like bits of cellophane tape,
silicon cement, glue, permanent marker ink on iv) module
gold connector pins
v) missing components – EEPROM or any of main memory
IC
vi) bent or impacted pin connector leads of EEPROM or
any of main memory IC
vii) cracked or burnt EEPROM or any of main memory IC
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ii) |
modifying or tampering with |
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i) the product
ii) product components
iii) product labels
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Products not eligible for return shall
be returned to Buyer by freight collect.
2. SELLER'S LIMITED WARRANTY.
Seller warrants to Buyer that upon delivery
to Buyer the Products purchased hereunder shall conform to
the applicable manufacturer's specifications and that any
value-added work performed by Seller shall conform to applicable
specifications relating to such work on such products.
Seller makes no other warranty with respect
to the Products. IN PARTICULAR, SELLER MAKES NO WARRANTY
RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING
INFRINGEMENT.
With respect to Products which do not meet
applicable manufacturer's specifications and with respect
to value added work by Seller which does not meet applicable
specifications, Seller's liability provided the warranty period
has not expired is limited, at Seller's election, to
- refund at prevailing market price
for such Products (without interest), or
- repair of such Products, or
- replacement of such Products
provided, however, that such Products must
be returned to Seller, along with acceptable evidence of purchase,
within seven (7) days from date of issue of RMA number, transportation
charges prepaid. In case Seller elects to repair the Product,
cost of replacing faulty component would be charged to Buyer.
Seller shall transfer to Buyer whatever transferable warranties
and indemnities Seller receives from the manufacturer of the
Products, including any transferable warranties and indemnities
respecting patent infringement.
3. PERIOD OF WARRANTY.
Period of warranty is limited to the period specified by manufacturer
and as warrantee terms mentioned on the PI.
4. LIMITATION OF LIABILITIES.
BUYER SHALL NOT IN ANY EVENT BE ENTITLED
TO, AND SELLER SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING,
WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR
REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT
OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES,
OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN
IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BUYER'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED
BUYER'S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH
CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN
CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE
LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER
HARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH
BUYER'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION
OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION
WITH OTHER PRODUCTS.
5. USE OF PRODUCTS IN LIFE SUPPORT,
NUCLEAR AND CERTAIN OTHER APPLICATIONS.
Products sold by Seller are not designed, intended or authorized
for use in life support, life sustaining, nuclear, or other
applications in which the failure of such Products could reasonably
be expected to result in personal injury, loss of life or
catastrophic property damage. If Buyer uses or sells the Products
for use in any such applications: (1) Buyer acknowledges that
such use or sale is at Buyer's sole risk; (2) Buyer agrees
that Seller and the manufacturer of the Products are not liable,
in whole or in part, for any claim or damage arising from
such use; and (3) Buyer agrees to indemnify, defend and hold
Seller and the manufacturer of the Products harmless from
and against any and all claims, damages, losses, costs, expenses
and liabilities arising out of or in connection with such
use or sale.
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