CRUCIAL TECHNOLOGY TERMS AND CONDITIONS OF SALE
NORTH, CENTRAL, AND SOUTH AMERICA
Payment. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. Crucial reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Crucial's request. A $15.00 collection fee will be charged for all dishonored checks.
Taxes. Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Crucial with an appropriate tax exemption certificate.
Title. Title to products passes from Crucial to customer upon shipment from Crucial's facility.
F.O.B. and Risk of Loss. Unless otherwise stated on the face hereof, all shipments are F.O.B. Crucial's Meridian, Idaho facility. Crucial's liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier.
Governing Law, Jurisdiction, and Costs. This agreement is governed by the laws of the State of Idaho, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that Idaho is an appropriate place for venue of any litigation and that Idaho courts have jurisdiction over this agreement and customer. In the event the customer and Crucial are unable to resolve any customer dispute, and any collection action, suit, or other judicial proceeding is commenced, the prevailing party in any such collection action, suit, or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
Terms of Limited Lifetime Warranty: Crucial warrants to the original end customer of its products specified below that its products are free from defects in material and workmanship affecting form, fit, and function except with respect to refurbished products, video cards, or non-Crucial-branded products or software. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Crucial, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, of any product that is determined by Crucial to be defective.
With respect to Crucial Ballistix products, Crucial warrants to the original end customer of its products specified below that its products are free from defects in material and workmanship affecting form, fit, and function. All such products sold will meet the datasheet specifications as found on its Web page (www.crucial.com/ballistix). Any claim made alleging that any product fails to conform to the foregoing warranty may be made only by the end customer who purchased such product and only while such customer owns such product. Crucial, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, of any product that is determined by Crucial to be defective. Some system configurations may not be designed to operate or may not operate at the published Crucial Ballistix memory speed and timing settings. Overclocking, running your system faster than the speed for which it was designed or the published speed, or otherwise modifying your system timing may result in damage to computer components, and Crucial disclaims any and all liability for such damage.
With respect to internal Solid State Drive products, Crucial warrants to the original end customer of its products specified below that its products are free from defects in material and workmanship affecting form, fit, and function. Any claim must be made within five (5) years from the original date of shipment, and Crucial shall have no liability thereafter. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Crucial, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, of any product that is determined by Crucial to be defective during the warranty period.
With respect to refurbished products, Crucial warrants to the original end user customer of its products specified below that its products are free from defects in material and workmanship affecting form, fit, and function. Any claim must be made within thirty (30) days from the original date of shipment, and Crucial shall have no liability thereafter. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the end customer who purchased such product and only while such customer owns such product. Crucial, at its option, will replace or provide a credit of either the original purchase price or fair market value, whichever is lower, of any product that is determined by Crucial to be defective during the warranty period.
With respect to video card products, Crucial warrants to the original end customer of its products specified below that its products are free from defects in material and workmanship affecting form, fit, and function. Any claim must be made within one (1) year from the original date of shipment, and Crucial shall have no liability thereafter. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Crucial, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, of any product that is determined by Crucial to be defective during the warranty period.
The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse,
abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or
improper installation or repairs made by anyone other than Crucial or a Crucial-authorized third-party service provider. Crucial reserves the right to substitute functionally equivalent new or serviceable used parts.
With respect to non-Crucial-branded products or software, any warranty is provided by the original manufacturer and not by Crucial.
These products may only be returned in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.
Limitations. THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. EXCEPT AS SET FORTH HEREIN, CRUCIAL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND CRUCIAL DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL CRUCIAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IDAHO. CLAIMS AGAINST CRUCIAL FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.
Inspection and Return Procedures. Please contact the place of purchase for return procedures. If the customer purchased product directly from Crucial, the customer shall inspect the product within 30 days of receipt, such period being confirmed by the customer to be a reasonable period to examine the product for defects or shortfalls, and notify Crucial promptly of any non-conformance. Failure to notify Crucial within that 30-day period will constitute acceptance of the product for all purposes. If the customer purchased the product directly from Crucial, the customer shall return the product to Crucial pursuant to the following terms. No product may be returned for any reason without obtaining a Return Material Authorization from Crucial. Customer is responsible for returning the product to Crucial at the Customer's risk and expense.
In
North, Central, and South America, customer must obtain a Return Material Authorization ("RMA") number by calling customer service at 1-800-336-8915. Returned product should be shipped to the following address:
Crucial Technology
Attn: RMA Dept - RMA# _______
3475 E. Commercial Court
Meridian, ID 83642
Customer shall return the product to Crucial in the original packaging and enveloped in the original antistatic bags. Crucial will not be responsible for damaged parts if the customer does not follow this process. Please retain shipping information, including tracking numbers, until your account has been credited by Crucial or replacement product is received. If Crucial determines that failure of the product was not a result of a defect in materials or workmanship, Crucial reserves the right to charge the customer for parts and labor at Crucial's then-current labor rate or charge the customer a 20% restocking fee. Crucial will advise the customer prior to assessing these charges. Any product returned to Crucial shall become the property of Crucial.
Component Resale. Customer shall not engage in the business of reselling components purchased from Crucial, or removing components from the product(s) for resale, except upon express prior written authorization of Crucial.
Assignment. Customer may not assign his/her rights or obligations hereunder without the express prior written consent of Crucial.
Entire Agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of the customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors, and assignees of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
Governing Law, Jurisdiction, and Costs. This agreement is governed by the laws of the State of Idaho, without regard to its conflict or choice of law provisions. The customer acknowledges and agrees that Idaho is an appropriate place for venue of any litigation and that Idaho courts have jurisdiction over this agreement and customer. In the event the customer and Crucial are unable to resolve any customer dispute, and any collection action, suit, or other judicial proceeding is commenced, the prevailing party in any such collection action, suit, or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
Terms and Conditions. This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY THE CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY CRUCIAL, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON CRUCIAL. CUSTOMER'S REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO CUSTOMER, WHETHER PROVIDED AT LAW, EQUITY, OR OTHERWISE.
©2008 Micron Technology, Inc. All rights reserved. Information is subject to change without notice. Micron, Crucial, Crucial Technology, the Crucial Technology logo, The Memory Experts, Ballistix, and Ballistix Tracer are trademarks/service marks of Micron Technology, Inc. in the U.S. and outside of the U.S. All other trademarks are the property of their respective owners. Crucial Technology is a division of Micron Semiconductor Products, Inc., which is a wholly owned subsidiary of Micron Technology, Inc.
