SMART WIRELESS COMPUTING WARRANTY STATEMENT
Penguin Edge is a trade name used by SMART Embedded Computing, Inc., and SMART Wireless Computing, Inc., wholly owned subsidiaries of SMART Global Holdings, Inc.
Except as otherwise noted in Penguin Edge Quote or Product Proposal, Penguin Edge warrants that any product sold pursuant to this MOU shall for a period of one (1) year from the initial date Penguin Edge delivers said product to Buyer, be free from defects in material and workmanship, and materially conform the Product Specifications. Penguin Edge’s warranty does not cover malfunctions, failures or defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than Penguin Edge or an authorized agent of Penguin Edge. Penguin Edge does not warrant documentation or third party products. Penguin Edge’s warranty with respect to Products extends only to the original purchaser, Buyer and may not be reassigned. Prior to shipping any Product back to Penguin Edge, Buyer shall ensure that such Product is defective and shall obtain a Return Material Authorization (“RMA”) number from Penguin Edge. Buyer shall include the RMA number on the outside packaging of such returned Product and shall also include with such returned Product a written statement bearing the RMA number and specifying the defect for which the Product is being returned. Buyer shall pay the shipping costs for returning the Product to Penguin Edge, and, shall assume any and all risk of loss of or damage to the Product during shipping. For any defective Products which returns to Penguin Edge under warranty during the warranty period and in compliance with the terms and conditions set forth with this statement, Penguin Edge shall, in its sole discretion and its option, either repair or replace the Products found to be defective, or, issue a credit or refund to Buyer in the amount of purchase price paid for such defective Product(s). If Penguin Edge elects to repair or replace a Product, Penguin Edge shall pay the shipping costs to return said Product to the location from which it was returned by Buyer, but Buyer shall bear any and all risk of loss of or damage to said Product at all times after said Product is made available Penguin Edge to the common carrier, or to Buyer, if said Product is to be picked up by Buyer. Title any Product returned under warranty shall at all times remain with Buyer unless and until Penguin Edge either replaces such Product, or credits or refunds Buyer account for the price of such Product in lieu of repair or replacement, at which time title to said Product shall pass to Penguin Edge. Any Product which has been returned, but which Penguin Edge determines not to be defective, or which has defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than Penguin Edge, shall be returned to Buyer at Buyer’s sole expense and risk. Defective Product returned under warranty shall be repaired, replaced, or credited to Buyer within 15 business days of receipt by Penguin Edge at its return facility. Repaired defective Product will be delivered to Buyer and the warranty period for the Product will continue until the end of the original warranty period or 90 days from the date of the shipment to Buyer, whichever is longer.
SMART WIRELESS COMPUTING MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND SMART WIRELESS COMPUTING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.