Unless otherwise noted in writing on the invoice or any other communication made to Purchaser, AERI issues a 12 month warranty to Buyer that the products shall perform in the manner described in manufacturer’s datasheet as of the date of manufacture. This guarantee is limited to the replacement of the electronic component(s) or refund of the purchase price, subject to the following terms and conditions:
1. This Guarantee applies only to the person or entity that purchases the electronic component from AERI. Any and all rights arising under this guarantee are strictly personal to the Purchaser and are non-transferrable.
2. The Purchaser must notify AERI within fifteen 15 days of the alleged failure of the electronic components covered by this Guarantee
- a. written notification that Purchaser is invoking its rights under the guarantee;
- b. the electronic component(s) that the Purchaser claims have failed;
- c. a detailed written failure analysis report.
3. This Guarantee does not apply to, and expressly excludes, the failure of any electronic component caused by the Purchaser’s negligence, misuse (including misuse relating to the handling, storage, transportation, or installation of the electronic component), or use that is inconsistent with the manufacturer’s recommended use of the electronic component.
4. This Guarantee shall not apply if an independent third party testing laboratory, designated by AERI, determines that the products perform in the manner described in the manufacturer’s datasheet as of the date of manufacture. The cost of testing shall be paid by Buyer. The conclusion of such independent third party shall be conclusive in determining the parties’ rights under this Guarantee.
5. The validity, enforcement, construction, and interpretation of this Guarantee are governed by the laws of the State of California and the federal laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions.
6. This Guarantee is void where prohibited by law.
7. AERI is not liable under this Guarantee for any damages or losses of any kind, whatsoever, including but not limited to consequential, punitive, or exemplary damages, whether arising under statute, common law, or equity. Nor is AERI liable for any damages or losses related to or harm caused to products, loss of use, loss of data, downtime, procurement of substitute goods, loss of revenue, loss of profits, or loss of goodwill.
8. These terms and conditions supplement, and do not supersede, the terms and conditions set forth on the invoice describing the electronic component being returned by the Purchaser under this Guarantee. In the event of any conflict between these terms and conditions and the terms and conditions on the invoice describing the electronic component being returned by the Purchaser under this Guarantee, these terms and conditions shall control.