Atmel STK200, Manual

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STK200 Starter Kit 12-1
Section 12
Appendix II - Warranty Statement
Atmel warrants that the Product delivered hereunder shall conform to the applicable
Atmel Data Sheet or mutually agreed upon specifications and shall be free from defects
in material and workmanship under normal use and service for a period of 30 days from
the applicable date of invoice. Products which are “samples”, “design verification units”,
and/or “prototypes” are sold “AS IS,” “WITH ALL FAULTS,” and without a warranty.
If, during such warranty period, (i) Atmel is notified promptly in writing upon discovery of
any defect in the goods, including a detailed description of such defect; (ii) such goods
are returned to Atmel, DDP Atmel’s facility accompanied by Atmel’s Returned Material
Authorization form; and (iii) Atmel's examination of such goods discloses to Atmel’s sat-
isfaction that such goods are defective and such defects are not caused by accident,
abuse, misuse, neglect, alteration, improper installation, repair, improper testing, or use
contrary to any instructions issued by Atmel, Atmel shall (at its sole option) either repair,
replace, or credit Buyer the purchase price of such goods. No goods may be returned to
Atmel without Atmel’s Returned Material Authorization form.
Prior to any return of goods by Buyer pursuant to this Section, Buyer shall afford Atmel
the opportunity to inspect such goods at Buyer’s location, and any such goods so
inspected shall not be returned to Atmel without its prior written consent.
Atmel shall return any goods repaired or replaced under this warranty to Buyer transpor-
tation prepaid, and reimburse Buyer for the transportation charges paid by Buyer for
such goods. The performance of this warranty does not extend the warranty period for
any goods beyond that period applicable to the goods originally delivered.
THE FOREGOING WARRANTY CONSTITUTES ATMEL’S EXCLUSIVE LIABILITY,
AND THE EXCLUSIVE REMEDY OF BUYER, FOR ANY BREACH OF ANY WAR-
RANTY OR OTHER NONCONFORMITY OF THE GOODS COVERED BY THIS
AGREEMENT. THIS WARRANTY IS EXCLUSIVE, AND IN LIEU OF ALL OTHER
WARRANTIES. ATMEL MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOLE AND
EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY SHALL BE AS
EXPRESSLY PROVIDED HEREIN.
Limitation on Liability
Notwithstanding anything to the contrary contained herein, Atmel shall not, under any
circumstances, be liable to Buyer or any third parties for consequential, incidental, indi-
rect, exemplary, special, or other damages. Atmel’s total liability shall not exceed the
total amount paid by Buyer to Atmel hereunder. Atmel shall not under any circum-
stances be liable for excess costs of reprocurement.