North Shore Components, Inc. (hereinafter “Seller”) hereby represents and warrants that the products supplied hereunder meet and conform to all requirements as stipulated on the Customer Purchase Order documents or drawings, and shall be free from defects in materials and workmanship and otherwise conform to the manufacturer’s specifications. The above warranty shall only apply to board level electronic components shipped from the Sellers location. The above warranty shall remain in effect for a maximum period of five (5) years from the date of Invoice (‘Warranty Period”), unless superseded by the manufacturer’s warranty, subject to the terms and conditions of this Limited Warranty. Where a manufacturer’s warranty exists, the manufacturer’s warranty shall supersede the seller’s warranty.
This Limited Warranty applies only to the initial purchaser (the “Purchaser”), are non-transferrable and non-assignable.
Should Seller breach this Limited Warranty, Purchaser’s sole remedy and Seller’s only obligation shall be the replacement or repair by Seller of such nonconforming products, F.O.B. Seller’s Bellport, New York office, or the refund of the price paid for such nonconforming products, at Seller’s option, upon the return of such nonconforming products to Seller’s principal place of business at Bellport, New York. Seller will not, in any event, be liable for any consequential, special, incidental, punitive or any damages (other than repair or replacement of defective goods and/or products or refund of the purchase price paid for such defective products as hereafter provided), nor for any loss or damage due to loss of use, loss of data, downtime, procurement of substitute goods or “cover”, loss of revenue, loss of profits or loss of goodwill. In any event, Seller’s maximum liability hereunder, whether resulting from breach of contract or negligence or otherwise, shall not exceed the purchase price of the product, pro-rated for the period of this limited warranty. SELLER MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GOODS AND PRODUCTS SOLD HEREUNDER.
This Limited Warranty does not apply to, and expressly excludes, the failure of any product caused by the Purchaser’s negligence, misuse (including any damage or deterioration or misuse relating to the handling, storage, transportation or installation of the product), repair or modification by others, or use that is inconsistent with the manufacturer’s recommended use of the product.
If a claim is made by Purchaser under and pursuant to this Limited Warranty, Purchaser shall first request, in writing, a Return Material Authorization (“RMA”) number from Seller, which claim and request shall be accompanied by:
a. written notification that Purchaser is invoking its rights under the Limited Warranty;
b.the products and all product components supplied have failed properly packaged and secured;
c.the original invoice for the product being returned and a detailed failure analysis report.
Once an RMA number is received by Purchaser, Purchaser shall then return the alleged defective product, FOB, to Seller’s facility, and specify the Seller assigned RMA number. Seller shall inspect any such Product for which an RMA has been issued, and if a defect covered by this Limited Warranty is identified, then, subject to the limitations set forth elsewhere herein, Seller shall either repair or replace the defective product within ninety (90) business days of receipt of the defective product by Seller or refund the purchase price, at its sole option. Seller reserves the right to void this warranty for any product returned without an RMA number issued in writing.
The Purchaser shall have no rights under this Limited Warranty if the Purchaser failed to fully pay to Seller, the full purchase price reflected on the invoice describing the product(s) being purchased and for all products and services on the invoice within the payment terms stated upon the customers’ purchase order.
Seller reserves the right to modify, cancel or terminate the Limited Warranty and/or its terms and conditions, at any time, in its sole discretion, prior to a claim being made by Purchaser hereunder, and any product purchased after the date of such cancellation or termination shall not be subject to or covered by this Limited Warranty, regardless of any prior course of dealing between the Purchaser and Seller.
These terms and conditions supplement, and do not supersede, the terms and conditions set forth on the invoice describing the product being returned by the Purchaser under this Limited Warranty. In the event of any conflict between these terms and conditions and the terms and conditions on the invoice describing the product being returned by the Purchaser under this Limited Warranty, these terms and conditions shall control.
The validity, enforcement and interpretation of this Limited Warranty is governed by the laws of the State of New York and the laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions. This Limited Warranty is deemed a contract entered into and delivered in the State of New York. Any claim brought in connection with this Limited Warranty must be brought in a court of competent jurisdiction in the County of Suffolk, State of New York, and each party expressly waives any right to allege forum non-conveniens as a result of the foregoing designated jurisdiction. This Limited Warranty is void where prohibited by law.
This Limited Warranty was created September 1, 2013.
This Limited Warranty has been revised and is effective on April 1, 2015.
Receive monthly emails with updates about North Shore Components...