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Micron Consumer Products Group
Terms and Conditions of Sale

North, Central, and South America

Payment

Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 11/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. Micron Consumer Products Group (Micron CPG) reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Micron CPG's request. A $15.00 collection fee will be charged for all dishonored checks.

Taxes

Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Micron CPG with an appropriate tax exemption certificate.

Title

Title to products passes from Micron CPG to customer upon shipment from Micron CPG's facility.

F.O.B. and risk of loss

Unless otherwise stated on the face hereof, all shipments are F.O.B. Micron CPG's Meridian, Idaho facility. Micron CPG's liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier.

Non-Crucial-branded products or software

With respect to non-Crucial-branded products or software, any warranty is provided by the original manufacturer and not by Micron CPG. These products may only be returned in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.

Limitations

THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. EXCEPT AS SET FORTH HEREIN, MICRON CPG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND MICRON CPG DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MICRON CPG BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IDAHO. CLAIMS AGAINST Micron CPG FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.

Component resale

Customer shall not engage in the business of reselling components purchased from Micron CPG, or removing components from the product(s) for resale, except upon express prior written authorization of Micron CPG.

Assignment

Customer may not assign his/her rights or obligations hereunder without the express prior written consent of Micron CPG.

Entire agreement

These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of the customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors, and assignees of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

Governing law, jurisdiction, and costs

This agreement is governed by the laws of the State of Idaho, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that Idaho is an appropriate place for venue of any litigation and that Idaho courts have jurisdiction over this agreement and customer. In the event the customer and Micron CPG are unable to resolve any customer dispute, and any collection action, suit, or other judicial proceeding is commenced, the prevailing party in any such collection action, suit, or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.

Terms and conditions

This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY THE CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY MICRON CPG, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON MICRON CPG. CUSTOMER'S REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO CUSTOMER, WHETHER PROVIDED AT LAW, EQUITY, OR OTHERWISE.

TO THE EXTENT PERMITTED BY LAW ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. TO THE EXTENT PERMITTED BY LAW ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON INFRINGEMENT, ARE DISCLAIMED. TO THE EXTENT PERMITTED BY LAW, MICRON CPG WILL NOT BE LIABLE FOR ANY LOST IMAGES, DATA, REVENUE OR PROFIT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MICRON CPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, MICRON CPG'S LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.

Some jurisdictions do not allow for the exclusion or limitation of any warranties or conditions (including those implied by law or guaranteed by statute), so the above limitation may not apply to you. You may also have other rights in addition to this warranty. This limitation does not affect your statutory rights.