12-Month Quality Guarantee
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As a supplement to our standard terms and conditions, SDES LIMITED, Inc. offers a 12-month Quality Guarantee on all Product(s) purchased from our company. This Quality Guarantee is applicable to the original person or entity (the head Buyer) that purchases the Product(s), is effective on all Purchase Orders placed on or after April 1, 2012 and is subject to the following terms and conditions:
SDES LIMITED guarantees that at the time of delivery, the Product(s) shall meet the specifications stated by the manufacturer in its published data sheet for the Product(s) for a period of 12 months from date of delivery of the Product(s).
II. PRODUCT RETURN
Buyer must provide the following to invoke rights under this Guarantee: (i) written notification within thirty (30) days of the alleged failure that rights are being invoked; (ii) the Product(s) that Buyer claims are defective; (iii) detailed failure report confirming the defect; and (iv) traceability of defective Product(s). SDES LIMITED reserves the right to have an independent third party examine and test any Product(s) to validate defects. The conclusion of the independent third party shall be conclusive in determining the Buyer¡¯s rights under this Guarantee.
SDES LIMITED¡¯ sole remedies under this Guarantee and in its sole discretion are to: (i) repair the Product(s); (ii) replace the defective Product(s) with Product(s) meeting the description on the original invoice at no cost to the Buyer; or (iii) refund Buyer the purchase price at the price set forth on the original invoice less 30% restocking fee.
The SDES LIMITED 12-Month Quality Guarantee applies only to the original Buyer and may not be transferred or assigned without the prior written consent of SDES LIMITED.
This Guarantee does not apply to, and expressly excludes, the failure of a Product(s) caused by Buyer¡¯s negligence, misuse, or use that is inconsistent with the manufacturer¡¯s recommended use of the Product(s). Product(s) are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or serious property damage and any use in such applications is at Buyer¡¯s sole risk. This Guarantee does not apply to, and expressly excludes Product(s) where a third-party test report has been provided to the Buyer. Those Product(s) carry a 30 day warranty from the date of delivery.
SDES LIMITED is not liable under this Guarantee for any damages or losses of any kind, whatsoever, including but not limited to incidental or consequential, punitive or exemplary damages. Additionally, SDES LIMITED is not liable for any damages or losses related to harm caused to products other than the Product(s) being returned, loss of use, rework or manufacturing expense, loss of data, downtime, procurement of substitute products, loss of revenue, loss of profits, loss of customers, or injury to reputation.
To invoke rights under this Guarantee, Buyer shall have timely and fully paid the full price reflected on the invoice describing the Product(s) being returned. SDES LIMITED reserves the right to modify, cancel or terminate the Guarantee and/or its terms and conditions, at any time and in its sole discretion. Any Product(s) purchased after the date of such modification, cancellation or termination shall not be subject to or covered by this Guarantee. This Guarantee is not available to re-sellers, brokers, distributors, importers or exporters and is void where prohibited by law. In the event of any conflict between these terms and conditions and the terms and conditions on the invoice describing the Product(s) being returned by the Buyer under this Guarantee, these terms and conditions shall control.
All sales are entered into in Mecklenburg County, North Carolina and are governed by the laws of the state of North Carolina without giving effect to the principals of conflict of laws. If any dispute should arise between Seller and Buyer as to a sale of Good or the Terms and Conditions, Buyer hereby expressly submits and consents to jurisdiction of the state district courts of Mecklenburg County, North Carolina and for the purpose of legal resolution. In the event that any of these Terms and Conditions is determined to be unenforceable, the other Terms and Conditions shall remain in full force and effect. Failure of Seller to enforce at any time any of the Terms and Conditions shall not be deemed a waiver of any of Seller¡¯s rights and shall not affect the validity of the sale or these Terms and Conditions.