The terms and conditions detailed herein (“Agreement”) apply to your (“Customer”) purchase from Fraserinnovation, Inc and its distributors. (“Fraserinnovation”) of Fraserinnovation products (“Product(s)”), as well as Fraserinnovation services and support (“Services”). THIS AGREEMENT SHALL APPLY UNLESS CUSTOMER AND FRASERINNOVATION HAVE ENTERED INTO A SEPARATE SIGNED AGREEMENT APPLICABLE TO THE PURCHASE OF THE PRODUCTS OR SERVICES. By placing an order with FRASERINNOVATION, Customer agrees to be bound by the terms of this Agreement. FRASERINNOVATION EXPRESSLY OBJECTS TO AND REJECTS ANY TERMS AND CONDITIONS IN CUSTOMER’S PURCHASE ORDER OR OTHER SIMILAR DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PROMPTLY NOTIFY FRASERINNOVATION AND RETURN THE PRODUCT UNUSED IN ITS ORIGINAL PACKAGING TO FRASERINNOVATION.
Fraserinnovation certifies that ALL Fraserinnovation products were manufactured under severe quality control and passed final inspection (Appearance test, Electrical test).
Product Warranty and Scope of Support
- Fraserinnovation guarantees that its products can be assembled as shown in published circuit diagrams and other design documents. There may be differences between actual components or their prescribed quantities and model numbers and those shown in circuit diagrams.
- Except for the guarantee in item 1, above, no guarantees whatsoever are made. When assembling the product as shown in a circuit diagram is impossible, and the problem can be solved by revising the diagram,
- Fraserinnovation will revise the diagram. When a problem can be solved only by replacing components or modifying the product, Fraserinnovation will take back the product to replace it with a properly functioning product.
- In case item 2, above, Fraserinnovation guarantee its products for a period of 60 days from the date of shipping.
- If the problem is minor, Fraserinnovation will sometimes describe how to make the revision or modification, and ask the customer to solve the problem.
- Fraserinnovation will determine how to honor the warranty, as through repair, replacement, return, or other action. The customer cannot specify what action to take.
- FPGAs and other components used in products sometimes have characteristic defects. Returns and replacements are not possible even if such defects are discovered, whether before or after purchase.
- Fraserinnovation shall not be obligated to inform customers about defects in the main components used in products.
- Fraserinnovation shall not be obligated to provide support for products, or to provide support for the software of other companies needed to use Fraserinnovation products.
- Published documentation shall be limited to that published by Fraserinnovation at the time of product purchase, and Fraserinnovation shall not be obligated to provide any other documentation.
- When repairs or replacements are provided under warranty in Japan, purchaser shall pay shipping charges for shipping to Fraserinnovation, and Fraserinnovation shall pay shipping charges for shipping to purchaser.
- When shipping from outside of Japan, purchaser shall pay all expenses including shipping charges and taxes.
- Under whatever circumstances, Fraserinnovation shall provide support for its products for a maximum of one year after shipping from factory.
- The Warranty is not applicable and support ends in the event of fire, storm and flood damage, earthquakes, lightning strikes, and other natural disasters, as well as conflict or other occurrences.
- Purchaser is assumed to have read and understood all the above when purchasing a Fraserinnovation product.
Limitation of Liability
- Purchaser assumes all liability associated with the use of this product.
- Fraserinnovation assumes no liability whatsoever for any direct, indirect, special, incidental, or consequential damages arising from the use of this product, even if Fraserinnovation has been advised of the possibility of such damage, whether legal or in tort.
- At the time this product is purchased, items 1 and 2 above shall be deemed to have been confirmed by purchaser.
For a period of thirty (30) days from the Invoice Date, Fraserinnovation warrants that its Products will be free of defects in materials and workmanship that cause the Products to fail to substantially conform to the applicable Fraserinnovation published specifications. If Fraserinnovation receives notice of a defect or non-conformance during the applicable warranty period, Fraserinnovation will, in its discretion: (i) repair or replace the affected Product, (ii) re-perform the affected Services, or (iii) refund the fees paid for the affected Product or Service. Repaired or replaced Products will be warranted for the remainder of the original warranty period. If Fraserinnovation elects to repair or replace Products, Fraserinnovation may use new or refurbished parts or products that are equivalent to new in performance and reliability and are at least functionally equivalent to the original part or Product. Customer must obtain an RMA number from Fraserinnovation before returning any Product under warranty to Fraserinnovation. Customer will pay shipping expenses to send the affected Product to Fraserinnovation, and Fraserinnovation will pay shipping expenses to return the Product to the Customer. If Fraserinnovation concludes, after examining and testing returned Product, that it is not covered by the Limited Warranty, Fraserinnovation will notify Customer and return the Product at Customer’s expense. Fraserinnovation reserves the right to charge a fee for examining and testing Product not covered by the Limited Warranty. This Limited Warranty does not apply if the defect of the Product or Software resulted from improper or inadequate maintenance, installation, repair, or calibration (performed by a party other than Fraserinnovation); unauthorized modification; improper environment; use of an improper hardware or software key; improper use or operation outside of the specification for the Product or Software; improper voltages; accident, abuse, or neglect; or a hazard such as lightning, flood, or other act of nature. THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE CUSTOMER’S SOLE REMEDIES, AND SHALL APPLY EVEN IF SUCH REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
NO OTHER WARRANTIES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND Fraserinnovation DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. Fraserinnovation DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Fraserinnovation DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
End Use Confirmation and Export Control
- Fraserinnovation products use ordinary off-the-shelf electronic components, and are therefore inappropriate for use in applications that require special quality or reliability and are expected to protect human lives or prevent accidents, such as safety mechanisms in fields including space, aeronautics, medicine, and nuclear power.
- Purchaser confirms that purchaser will not use Fraserinnovation products in relation to nuclear, biological or chemical weapons, or missiles or equipment capable of delivering such weapons, nor will purchaser transfer Fraserinnovation products to others if purchaser knows or suspects that they are intended or likely to be used in such a manner.
- Fraserinnovation products may be subject to the export restrictions of Canada, the United States, or other countries. Purchaser is responsible for properly observing export restrictions.
- Fraserinnovation firmly refuses to export (including re-exporting) Fraserinnovation products to countries or regions subject to export restrictions.
Trademarks and Other Considerations
Fraserinnovation is this company’s registered trademark.
- Fraserinnovation endeavors to raise product quality. We continually make detailed improvements and adjustments that are not shown in circuit diagrams.
- Fraserinnovation actively publishes, on the Web and in other ways, information considered useful to customers. Examples would be how to use FPGAs and how to use development tools.
- Fraserinnovation makes efforts for the long-term provision of products and for continuing their long-term support.
- Instead of concealing small product problems and documentation errors, Fraserinnovation makes them public.
- Fraserinnovation abides by Japanese law and its spirit. We make no transactions with purchaser who commits illegal acts.