(a) Hardware Products. MagicEyes warrants that hardware Products to be delivered hereunder, if properly used, will be free from defects in material and workmanship and will substantially conform to MagicEyes’s publicly available specifications for one (1) year following the date of shipment unless a different warranty statement is specified (i) in the MagicEyes Price List in effect at time of shipment; (ii) on Product packaging; or (iii) on MagicEyes’s quotation.

(b) There is no obligation to provide service and/or support until full payment is received. Terms and conditions of support are at MagicEyes’s discretion. Affirmative statements about support by any third party are provided by that party and will not be binding on MagicEyes.

(c) MagicEyes does not warrant that hardware Products to be delivered hereunder will be free from design defects or errors known as "errata". For purposes of this section, "errata" are design defects or errors that may cause the Products to deviate from published specifications.

(d) Software Products. If the Products delivered to Buyer hereunder include software components, MagicEyes warrants that the media on which the MagicEyes software is furnished to Buyer will be free from defects for a period of thirty (30) days from the date of delivery. If such a defect appears within the warranty period, Buyer may return the defective media to MagicEyes for replacement without charge. Replacement is Buyer’s sole remedy with respect to such a defect. MagicEyes does not warrant that software Products will operate without interruption or error. MagicEyes makes no warranty with respect to defective conditions or non-conformities resulting from Buyer's use, misuse, misinstallation, mishandling, neglect, accident, or abuse of software Products; or errors resulting from incorporation of software Products into a system, or failure of Buyer to apply MagicEyes-supplied modifications or corrections.

(e) Electronic Systems Applications. Buyer agrees that MagicEyes will not be liable for any downtime or system interruption that may be attributed to Buyer’s use of MagicEyes’s electronic transaction applications.

(f) Disclaimer. THE ABOVE WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. MagicEyes NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY. EXCEPT FOR END-USER PRODUCT WARRANTIES DELIVERED WITH THE PRODUCT AS CONTAINED IN THE PRODUCT PACKAGING, THESE WARRANTIES ARE PROVIDED SOLELY TO BUYER AND ARE NOT SUBJECT TO ASSIGNMENT, TRANSFER OR PASS-THROUGH TO BUYER’S END CUSTOMERS.

(g) Remedy. If any Product furnished by MagicEyes fails to conform to any warranty, MagicEyes's sole and exclusive liability will be, at MagicEyes's option, to repair, or replace for any such Product which fails during the applicable warranty period. To receive the benefit of the foregoing warranty, (i) Buyer must follow MagicEyes's return instructions; (ii) Buyer must promptly notify MagicEyes in writing within the applicable warranty period that such Product is defective and must furnish an explanation of the deficiency; (iii) such Product must be returned to MagicEyes's service facility at Buyer's risk and expense; and (iv) MagicEyes must be satisfied that claimed deficiencies exist and were not caused by accident, misuse, neglect, alteration, repair, improper installation or improper testing. Unless otherwise agreed to by MagicEyes in writing, if such Product is defective, transportation charges for the return of the repaired Product to Buyer within the United States will be paid by MagicEyes. Returned Product that is found by MagicEyes not to be defective or that contains missing or damaged parts will be returned to Buyer at Buyer's sole cost and expense with replacement or repair disapproved. For all other locations, the warranty excludes all costs of shipping, duty, customs clearance, and other related charges. MagicEyes will have a reasonable time to make repairs or to replace Product.

(h) Exclusive Remedy. IN NO EVENT WILL MagicEyes BE LIABLE FOR ANY MONETARY DAMAGES OR OTHER COSTS ASSOCIATED WITH WARRANTY CLAIMS WHETHER FOR THE REPLACEMENT OR REPAIR OF PRODUCTS, INCLUDING LABOR, INSTALLATION OR OTHER COSTS INCURRED BY BUYER AND, IN PARTICULAR, ANY COSTS RELATING TO THE REMOVAL OR REPLACEMENT OF ANY PRODUCT SOLDERED OR OTHERWISE PERMANENTLY AFFIXED TO ANY PRINTED CIRCUIT BOARD.

Click here to submit an RMA (Return Merchandise Authorization) request for MagicEyes Development Boards.