Warranty, Remedy and Liability

Motien Technology warrants her DC/DC converters, DC/DC LED drivers for three years from the date of shipment (Ex-Works) and beginning from year 2016 (Unless otherwise specified on the individual product datasheet), against defects in material and workmanship.

Such warranties are the sole and exclusive warranties given by with respect to the products and are in lieu of an exclude all other warranties, expressed or implied, arising by operation of law or otherwise including without limitation, the implied warranties of merchantability and fitness for a particular purpose whether or not the purpose or use has been disclosed to Motien Technology in specifications, drawings or otherwise, and whether or not Motien’s products are specifically designed and/or manufactured by Motien Technology for Customer’s use or purpose.

These warranties do not extend to any losses or damages resulted from misuse, accident, abuse, neglect, normal abrasion, unsuitable power sources supplied, unsuitable environmental conditions(inappropriate equipment of the client or third parties; electrical, heat, electro-magnetic, chemical or electrolytic effects..etc), negligence (other than Motien’s), unauthorized modification or alteration, improper installation, maintenance or application or any other cause not the fault of Motien Technology.

To the extent -- Customer or its agents have supplied specifications, information, representation of operating conditions or other data to Motien during the period of selection or design of the Products and the preparation of Motien’s quotation, and in the event that actual application conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.

If within thirty (30) days after Customer’s discovery of any warranty defects within the applicable warranty period, Customer notifies Motien thereof in writing, Motien shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for that portion of the Products found by Motien to be defective.

Once Customer fails to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Customer’s claim for such defects.

Products returning processes::

  1. Motien accepts the returning of claimed to be defective products which are within the warranty period (said three years after shipped date) and makes the failure analysis then judge to exchange with good products; for products which have been over warranty (said over three years after shipped date) Motien accepts the return of failed products, making failure analysis (failure analysis costs are subject to be collected, see followed point 6), but doesn’t accept to exchange with good products (or other products with equivalent value).
  2. Customer should provide completed defective situation, describing the actual application by customer(end user), thus Motien can understand the actual situation and demanded request from customer(end user) and avoid any misunderstanding and leading to incorrect judgement. When insufficient application information was provided, failure analysis shall be made upon the actual defective situation of returned products only.
  3. Before sending products back to Motien, customer should obtain the number of Return Material Authorization (RMA) from Motien which means Motien agrees the return of claimed defective products.
  4. The transportation fee of returning products is to be paid by customer, and fulfilled with the products returning procedures of Motien (see point 3.).
  5. Any products returning which is without previous written permit from Motien and not attached with Product failure description, such claim may be ignored till the related procedures and information were completed.
  6. Procedures of failure analysis: (for quantity less than 2 pieces only, for quantity over 3 pieces more working days should be taken.
    Failure analysis for claimed defected products which are within warranty period of 3 years: Unregulated output products – approximately 7 days. Regulated output products - approximately 14 days.
    Failure analysis for claimed defected products which are over the warranty period of 3 years: Unregulated output products – approximately 14 days. Regulated output products - approximately 21 days.
    Warranty period has been expired but less than 30 days will be treated as effective within warranty period. As previous mentioned, Failure Analysis Fee is subject to be collected while products warranty has been expired which will be charged for US Dollar Three Hundreds. (Including a written failure analysis report)
    Products which hold the warranty have advanced priority of failure analysis. Any further test, experiments requested by customer after the failure analysis report was released, customer (end user) will be charged additional costs.
  7. Motien’s Failure analysis is made upon the failure situation of DC/DC converters / DC/DC LED drivers and the provided related information from field application to judge how the defected/abnormal situation happened.
    Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other products/components.

LIMITATION OF REMEDY AND LIABILITY:

  1. The sole and exclusive remedy for breach of any warranty hereunder (other than the warranty provided under section Warranty) Shall be limited to repair, correction or replacement, or refund to the purchasing price.

    Motien shall not be liable for damages caused by delay in performance and in no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise), shall Motien’s Liability to customer and/or its client exceed the price paid by customer for the specific products provided by Motien giving rise to the claim or cause of action.

    Customer agrees that in no event shall Motien’s liability to Customer and/or its Clients extend to include incidental, consequential or punitive damages.

    The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.

    It is expressly understood that any technical advise furnished by Motien with respect to the use of product is given without charge, and Motien assumes no obligation or liability for the advice given, or result obtained, all such advice being given and accepted at customer’s risk.

  1. INDEMNIFICATION:

    Buyer shall indemnify, defend and hold harmless Seller from and against any and all liabilities, losses, expenses, liens, claims, demands and causes of action arising out of any negligent act or omission of Buyer, its officers, agents, employees, contractors or assigns.