This serves as a gentle reminder that your order includes specific agreements that the buyer confirms upon purchase, involving one or more parts in your cart.
This includes: Non-Cancelable/Non-Returnable parts, Chip Outpost parts, or Engineering Sample parts.

All sales of Non-Cancelable/Non-Returnable parts are final, and no cancellations or returns will be accepted after purchase.

All Chip Outpost sales are final. Chip Outpost product is non-cancelable and non-returnable. Manufacturers' warranties do not apply to Chip Outpost products purchased through DigiKey. Additionally, Chip Outpost product is not available for backorders. Chip Outpost inventory may consist of older date and lot codes as well as obsolete product.

Chip Outpost Limited Warranty. This limited warranty applies only to Products designated by DigiKey, on the Site or otherwise, as Chip Outpost products (the "Chip Outpost Products"). If you elect to purchase any Chip Outpost Product, DigiKey warrants solely to the original purchaser of the Chip Outpost Product from DigiKey, that the Chip Outpost Product will be free from defects in materials and workmanship for three (3) years from the original invoice date of such Chip Outpost Product (the "Chip Outpost Limited Warranty Period"). The limited warranty does not apply to any product (i) that has been subject to abuse, misuse (including, without limitation, static discharge), neglect, accident or modification, (ii) is otherwise not capable of being tested, (iii) has been installed in an unsuitable installation environment for the product, (iv) has been used for purposes other than for which it was designed, or (v) has been damaged by fire, flood, wind, lightening or similar causes.

1. Exercising this Limited Warranty. As your exclusive remedy for any breach of this limited warranty, DigiKey shall promptly, at DigiKey's option, (i) replace any Chip Outpost Product that does not conform to this limited warranty or (ii) refund to you the purchase price of the defective Chip Outpost Product; provided, however, that these remedies are conditioned on your returning the Chip Outpost Product during the Chip Outpost Limited Warranty Period, or within ten (10) days thereafter, along with a written description of the claimed defect(s), in accordance with DigiKey's Return Policy.
2. Third Party Testing. DigiKey reserves the right to have an independent third party examine and test any Chip Outpost Product that is allegedly defective to determine whether such product is, in fact, defective. The conclusion of such independent third party shall be conclusive, final and binding on you and DigiKey.

DigiKey ENGINEERING SAMPLE AGREEMENT

In the case your order contains Engineering Sample Products. Engineering Sample products are not completely tested by the manufacturer in all electrical and functional characteristics. The product should only be used for functional evaluation and proof of concept. This product should not be used in any production or end user products.

By ordering Engineering Sample products, you agree to this agreement (the "Agreement").
Digi-Key Corporation ("DigiKey") operates this Web site (i.e., the Web site located at www.digikey.com) and a portfolio of other Web sites that provide online access to information about products available from DigiKey (the "Products") and facilitate transactions for the purchase of Products (the "Service"); this Web site and such portfolio of other Web sites are, collectively, referred to as the "Site".

1. Engineering Sample Products. DigiKey purchases or otherwise obtains all Engineering Sample Products directly from their respective original manufacturer. As set forth in Section 2 below, Engineering Sample Products are available on an as-available basis. Engineering Sample Products are not available for scheduled orders or backorders.
2. Disclaimer of Warranties. DigiKey agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties DigiKey receives from manufacturers with respect to the Engineering Sample Products sold by DigiKey to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF ENGINEERING SAMPLE PRODUCTS BY CONTACTING DigiKey. DigiKey, AND ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, DIGI-KEY INTERNATIONAL SALES CORPORATION (THE "DIGI-KEY PARTIES"), MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY ENGINEERING SAMPLE PRODUCT, AND THE DIGI-KEY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH REGARD TO THE ENGINEERING SAMPLE PRODUCTS. ENGINEERING SAMPLE PRODUCTS ARE PROVIDED ON AN "AS-AVAILABLE" BASIS. Without limiting the disclaimers set forth in this Section, Engineering Sample Products sold by DigiKey are not authorized for use in life safety, life support, life sustaining, surgical, human implant, nuclear, military, or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY THE DIGI-KEY PARTIES AND THE MANUFACTURER OF THE ENGINEERING SAMPLE PRODUCTS FOR ALL DAMAGES THAT MAY BE INCURRED DUE TO USE OF SUCH PRODUCTS IN THESE APPLICATIONS.
3. Limitation of Liability. IN NO EVENT SHALL ANY OF THE DIGI-KEY PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ENGINEERING SAMPLE PRODUCTS OR THE USE OR INABILITY TO USE THE SAME; EVEN IF ANY OF THE DIGI-KEY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ANY OF THE DIGI-KEY PARTIES FOR ENGINEERING SAMPLE PRODUCTS EXCEED THE PURCHASE PRICE FOR THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
   Any cause of action against any of the Digi-Key Parties with respect to Engineering Sample Products must be instituted within one (1) year from the date of purchase.
4. Indemnification. You understand and agree that you are personally responsible for your use or inability to use the Engineering Sample Products. You agree to indemnify, defend and hold harmless the Digi-Key Parties and DigiKey's joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Engineering Sample Products or any violation by you of this Agreement.
5. Incorporation of Web Site Terms of Use and Conditions of Order. The DigiKey Web Site Terms of Use and Conditions of Order are incorporated herein by reference; provided, however, that to the extent of any inconsistency between the terms of this Agreement and the terms of the DigiKey Web Site Terms of Use and Conditions of Order, the terms of this Agreement shall control. Click the foregoing link to review the DigiKey Web Site Terms of Use and Conditions of Order.
6. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The Agreement may not be amended except in writing and with the affirmative consent of the parties. No waiver by DigiKey of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, the Engineering Sample Products, or your use of such Products, the Site or the Service (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, and any subsequent revisions thereto, do not apply to this Agreement. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of DigiKey. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

© 2023, Digi-Key Corporation. All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to reportsreg@digikey.com.

DATE OF LAST MODIFICATION
March 1, 2010