Serendipity Guarantees and Warranty’s All Products for 1 Year
If any electronic component sold by Serendipity fails for any reason within one year from the date of purchase, Serendipity will either replace the electronic component or refund the purchase price, subject to the following terms and conditions:
- This Guarantee applies only to the person or entity that purchases the electronic component from Serendipity (the “Purchaser”). Any and all rights arising under this guarantee are strictly personal to the Purchaser and are absolutely non-transferrable.
- Serendipity’s obligation to replace the electronic component or refund the purchase price under this Guarantee is owed to the Purchaser only and Serendipity assumes no duty or obligation whatsoever, express or implied, to any third parties as a result of this Guarantee.
- The one (1) year Guarantee period begins running from the date of the invoice for the electronic components being guaranteed.
- In order to invoke rights under this Guarantee, the Purchaser must provide to Serendipity within thirty (30) days of the alleged failure of the electronic components covered by this Guarantee:(a) written notification that Purchaser is invoking its rights under the guarantee;
(b) the electronic component(s) that the Purchaser claims have failed;
(c) the original invoice for the electronic components being returned or a legible copy of the invoice; and
(d) a detailed written failure analysis report.
- All written notices pertaining to the Guarantee shall be sent to Serendipity at its address shown on the invoice for the electronic components being guaranteed and such notice shall be expressly directed to the attention of “Director of Quality.”
- For any electronic components returned to Serendipity under this Guarantee, Serendipity, may, at its sole option and in its sole discretion, either:(a) replace the electronic component(s) with electronic component(s) meeting the description of the returned electronic component set forth on the invoice; or
(b) refund the purchase price of such electronic component(s) set forth on the invoice.
- Serendipity shall have no other obligations to the Purchaser, whatsoever, under this Guarantee.
- This Guarantee does not apply to, and expressly excludes, the failure of any electronic component caused by the Purchaser’s negligence, misuse (including misuse relating to the handling, storage, transportation, or installation of the electronic component), or use that is inconsistent with the manufacturer’s recommended use of the electronic component.
- Serendipity has the right to have an independent third party examine and test any electronic component(s) to determine if such electronic component(s) failed and, in the event of such failure, the cause of such failure. The conclusion of such independent third party shall be conclusive in determining the parties rights under this Guarantee.
- The Purchaser shall have no rights under this Guarantee if the Purchaser failed to timely and fully pay to Serendipity the full price reflected on the invoice describing the electronic component(s) being returned.
- The validity, enforcement, construction, and interpretation of this Guarantee are governed by the laws of the State of New York and the federal laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions.
- Serendipity and the Purchaser (a) consent to the personal jurisdiction of the state and federal courts having jurisdiction over Suffolk County, New York (b) stipulate that the proper, exclusive, and convenient venues for all legal proceedings arising out of this Guarantee are Suffolk’s County, NY, for a state court proceeding, New York State District Court, Suffolk Division, for a federal court proceeding, Eastern New York District Federal Court, Central Islip Division, and (c) waive any defense or argument, whether asserted by motion or pleading, that either State or Federal Court location listed, is an improper or inconvenient venue.
- This Guarantee is void where prohibited by law.
- Serendipity reserves the right to modify, cancel or terminate the Guarantee and/or its terms and conditions, at any time, in its sole discretion and any electronic components purchased after the date of such cancellation or termination shall not be subject to or covered by this Guarantee, regardless of any prior course of dealing between the Purchaser and Serendipity.
- Serendipity is not liable under this Guarantee for any damages or losses of any kind, whatsoever, including but not limited to consequential, punitive, or exemplary damages, whether arising under statute, common law, or equity. Nor is Serendipity liable for any damages or losses related to harm caused to products other than the electronic component(s) being returned, loss of use, loss of data, downtime, procurement of substitute goods, loss of revenue, loss of profits, or loss of goodwill.
- These terms and conditions supplement, and do not supersede, the terms and conditions set forth on the invoice describing the electronic component being returned by the Purchaser under this Guarantee. In the event of any conflict between these terms and conditions and the terms and conditions on the invoice describing the electronic component being returned by the Purchaser under this Guarantee, these terms and conditions shall control.