ACCEPTANCE AND CANCELLATION OF ORDERS
Any contract for the sale of goods made between Buyer and Seller may be cancelled by Buyer only upon the advance written consent of Seller (which it may withhold in its sole discretion). As a condition to receiving Seller’s written consent, Buyer shall pay all reasonable cancellation and restocking charges incurred by Seller due to Buyer’s cancellation of the order. Special orders are non-cancelable and non- refundable.
SELLER’S RIGHT TO INCREASE PRICES
Seller reserves the rights to increase the price of goods covered by this Contract to reflect any increase in Seller’s costs for the goods caused by an increase in the price charged by Seller’s supplier, and Buyer agrees to pay to Seller any such increased price according to the terms of this Contract.
DELIVERY
All prices quoted and goods shipped are F.O.B. Seller’s place of shipment. Title to and risk of loss of all goods shall pass to Buyer when the goods are placed by Seller in possession of a common carrier selected by Buyer for shipment to Buyer. Unless expressly provided otherwise on the front of this Contract, Buyer shall pay all freight, handling, delivery, and insurance costs for the shipment of goods. Seller may refuse or delay any shipment if Buyer fails to pay promptly any payments due Seller, whether pursuant to this Contract or any other contract between Seller and Buyer. Seller may deliver goods covered by this Contract at one time or in portions, from time to time, within the time for delivery provided in this order.
FORCE MAJEURE
Seller shall not be liable for delays in delivery or for failure to perform if its failure or delay of performance is caused by events or conditions beyond Seller’s reasonable control, including without limitation, customs examination, loss or delay by common carrier, acts of God, acts of the public enemy, quarantine restrictions, industrial disturbances, blockades, insurrections, arrest and restraint of industrial people or rulers, civil disturbances, boycotts, acts or omissions of Buyer or civil or military authorities, fire, strike, lock-outs, landslide, lightning, wash-outs, tornadoes, hurricanes, windstorms, explosions, epidemics, flood, storm, earthquake, riot, war, breakage or accident of machinery or equipment. In the event of any delay, the contractual date of delivery shall be extended for a period equal to the time lost as a consequence of the delay without penalty to Seller
INSPECTION AND TEST OF PRODUCT
Seller will inspect product to ensure it is correct and authentic. As part of that inspection certain test may be performed. Testing includes the use of certain chemicals including acetone and a mixture of isopropyl alcohol and mineral spirits that tests for marking and surface permanency. These tests are considered non-destructive unless specifically notified by the customer that they consider these tests destructive. Similarly, Seller performs X-ray on parts to review lead frame, die and bond wore configuration. Exposure and power are limited. Seller submits that certain X-ray exposure may be damaging to certain parts. Unless customer specifically submits radiation exposure data or determines that the test is destructive and notifies Seller of such determination at the point PO is placed, Seller considers this X-Ray test to be non-destructive. Seller may conduct other tests, including chemical decap, solderability, and heated chemical test which are considered destructive tests. Seller will furnish a report of the inspection and test of product to the Buyer upon request, or if required by contract, standard, or customer requirement, automatically as part of the transaction. Seller will maintain a record of the inspection and test in its system electronically for an indefinite period.
RETURN AND REFUND
Buyer may return to Seller any goods that are damaged or defective by obtaining a Return Material Authorization (“RMA”) from Seller within 30 days from the receipt of the goods. Buyer must return to Seller the damaged or defective goods within the period set forth in the RMA. The RMA number must be listed on all packaging containing goods returned to Seller. If the Buyer does not request from Seller and RMA within 30 days, requests and RMA for goods that are not damaged or defective, Seller may, at its sole discretion, issue an RMA and may require that Buyer pay to Seller a reasonable restocking fee as a condition of issuing to Buyer the RMA.