Limited Warranty / Terms & Conditions of Sale
TERMS AND CONDITIONS OF SALE - DOMESTIC
1. PRICES: All prices are FOB Laurel, Delaware unless otherwise specified. Seller’s quotations shall remain in force for thirty (30) days and are thereafter subject to change without notice. Seller’s prices do not include federal, state or local sales or excise taxes where applicable; these will be added to amounts billed.
2. TERMS: Terms are NET 30 days if credit has been established; otherwise, payment must be received in advance, in cash with order (Visa or MasterCard are also accepted). Partial shipments will be invoiced as shipped. Payments are due as invoiced. Minimum order is $300.00.
3. REQUIRED DEPOSITS: 1) Orders totaling $100k or more to have a 25% deposit of order value paid at time of order placement. Balance is due NET 30 days after shipment. 2) Special or modified product orders or orders with NRE or orders with setup charges to have a 25% deposit of order value paid at time of order placement. Balance is payable NET 30 days after shipment.
4. ERRORS: Seller reserves the right to correct clerical or stenographic errors or omissions.
5. DELIVERY: Delivery dates are given to the best of Seller’s knowledge based on conditions existing at the time of quotation. The Seller shall not be liable for any delay in performance of the order or in delivery or shipment of material when such delay is directly or indirectly caused by or in any manner arises from fires, floods, accidents, riots, war, governmental interferences or embargoes, strikes or shortage of labor, delays in delivery of materials by sub-shippers, or other difficulties (whether or not similar in nature to any of those specified) beyond its control.
6. SHIPMENT: Shipments are normally made with the carrier Buyer specified at Buyer’s own expense. In the absence of specified shipping instructions, the Seller will ship by the most advantageous method. Small shipments are best made via United Parcel Service (UPS); shipments that exceed UPS limits will be shipped Best Way Surface at our discretion. Shipments are packed to provide ample safety margin against transit damage; there is no charge for regular packing or shipping containers. All shipments will be insured at full value at Buyer’s expense unless otherwise specified.
7. RESPONSIBILITY: Seller is not responsible for any loss, damage, or delay that may occur after goods have been accepted for shipment by the carrier. Buyer shall obtain a return material authorization (RMA) number from Seller prior to any return. All claims pertaining to shortages or deviations from ordered items must be made in writing within thirty (30) days of invoice date to be considered valid.
8. LIMITED WARRANTY: Lexatys, LLC warrants each device of its manufacture to be free from defects in material and workmanship. Our obligation under this warranty is limited to servicing any device returned to our factory for that purpose and to making good at our factory any part or parts thereof (except life limited components such as tubes, fuses and batteries) which shall, within one year after making delivery to the original purchaser, be returned to us with transportation charges prepaid, and on our examination shall disclose to our satisfaction to have been defective. Lexatys, LLC reserves the right to make changes in design at any time without incurring any obligation to install same on devices previously purchased. This warranty is expressly in lieu of all other obligations or liabilities on the part of Lexatys, LLC. Lexatys, LLC neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale of their devices or services.
9. RETURNS: Buyer shall not return excess or unused merchandise for credit without Seller’s authorization. Buyer shall obtain a return authorization number from Seller prior to any return. Seller reserves the right to decline all returns or to accept them subject to a handling charge of not less than 15%. Even after Seller has authorized the return of goods for credit, Seller reserves the right to adjust its offer in accordance with the condition of the goods on arrival at its plant. In no case will Seller offer credit for goods returned six months or more after shipment. Credit for returned merchandise is issued only to the original Buyer and not to subsequent owners of the goods.
10. CANCELLATION: No order may be cancelled within 30 days of the accepted delivery date, or if delivery can actually be made within 30 days of the date on which cancellation is requested. Otherwise, the order or contract may be cancelled in accordance with the following: a) by mutual agreement of Buyer and Seller. b) if the items covered by the order are being purchased for ultimate delivery to the US Government pursuant to a US Government contract or for use on a US Government contract with or without other equipment, then it is agreed that any part or all of the order may be cancelled only in accordance with the cancellation provisions of the corresponding government contract.
11. PATENTS: In the event that suit is brought against the Buyer alleging infringement of patents, the Seller reserves the right to substitute for items which are alleged to infringe other equally suitable items without altering conditions of this sale. The Seller shall also have the right to take back infringing items, refunding only purchase price less reasonable allowance for use.
12. SPECIFICATION CHANGES: The Seller retains the right to discontinue and/or change specifications of any item without notice, and without incurring any obligation to incorporate new features on units previously sold.
13. DEVELOPMENT PRODUCTS: Products offered for sale which involve non-recurring engineering, setup charges, mask, or optical setup fees are considered development products. These products may not have been released for production manufacture at the time of order acceptance. In order to meet delivery schedules, Buyer may be asked to grant a waiver on some performance parameters. Such a product may also have a note on the CONFIRMING ORDER which references the part as a DEVELOPMENT PRODUCT.
14. TAXES: The Buyer agrees to pay any present or future sales, excise or similar tax levied by the United States Government, Buyer’s state or local government, which Seller may be required to pay by reason of this sale and/or contract.
15. COMPLIANCE: Seller warrants that the items covered by these terms and conditions are produced in compliance with the Fair Labor Standards Act as amended.
16. ACCEPTANCE: All orders and sales contracts are valid only upon written acceptance by an officer of the Seller at our office in Laurel, Delaware. All changes and/or modifications are subject to these same conditions. The rights and obligations of the parties hereunder shall be governed by the laws of the State of Delaware.
17. LIMITATION OF LIABILITIES: In no event shall Lexatys, LLC be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Buyer’s recovery from Lexatys, LLC for any claim shall not exceed the purchase price paid by Buyer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. BUYER SHALL INDEMNIFY, DEFEND AND HOLD LEXATYS, LLC HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by Lexatys, LLC and incorporated into the buyer’s product.
18. EXPORT CONTROL: Products purchased or received under these Terms and Conditions are subject to export control laws, restrictions, regulations and orders of the United States. Buyer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country. Lexatys, LLC products typically are exported under US Dept. Of Commerce export license regulations.
THESE TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE
Lexatys, LLC 2019-10-07
1. PRICES: All prices are FOB Laurel, Delaware unless otherwise specified. Seller’s quotations shall remain in force for thirty (30) days and are thereafter subject to change without notice. Seller’s prices do not include federal, state or local sales or excise taxes where applicable; these will be added to amounts billed.
2. TERMS: Terms are NET 30 days if credit has been established; otherwise, payment must be received in advance, in cash with order (Visa or MasterCard are also accepted). Partial shipments will be invoiced as shipped. Payments are due as invoiced. Minimum order is $300.00.
3. REQUIRED DEPOSITS: 1) Orders totaling $100k or more to have a 25% deposit of order value paid at time of order placement. Balance is due NET 30 days after shipment. 2) Special or modified product orders or orders with NRE or orders with setup charges to have a 25% deposit of order value paid at time of order placement. Balance is payable NET 30 days after shipment.
4. ERRORS: Seller reserves the right to correct clerical or stenographic errors or omissions.
5. DELIVERY: Delivery dates are given to the best of Seller’s knowledge based on conditions existing at the time of quotation. The Seller shall not be liable for any delay in performance of the order or in delivery or shipment of material when such delay is directly or indirectly caused by or in any manner arises from fires, floods, accidents, riots, war, governmental interferences or embargoes, strikes or shortage of labor, delays in delivery of materials by sub-shippers, or other difficulties (whether or not similar in nature to any of those specified) beyond its control.
6. SHIPMENT: Shipments are normally made with the carrier Buyer specified at Buyer’s own expense. In the absence of specified shipping instructions, the Seller will ship by the most advantageous method. Small shipments are best made via United Parcel Service (UPS); shipments that exceed UPS limits will be shipped Best Way Surface at our discretion. Shipments are packed to provide ample safety margin against transit damage; there is no charge for regular packing or shipping containers. All shipments will be insured at full value at Buyer’s expense unless otherwise specified.
7. RESPONSIBILITY: Seller is not responsible for any loss, damage, or delay that may occur after goods have been accepted for shipment by the carrier. Buyer shall obtain a return material authorization (RMA) number from Seller prior to any return. All claims pertaining to shortages or deviations from ordered items must be made in writing within thirty (30) days of invoice date to be considered valid.
8. LIMITED WARRANTY: Lexatys, LLC warrants each device of its manufacture to be free from defects in material and workmanship. Our obligation under this warranty is limited to servicing any device returned to our factory for that purpose and to making good at our factory any part or parts thereof (except life limited components such as tubes, fuses and batteries) which shall, within one year after making delivery to the original purchaser, be returned to us with transportation charges prepaid, and on our examination shall disclose to our satisfaction to have been defective. Lexatys, LLC reserves the right to make changes in design at any time without incurring any obligation to install same on devices previously purchased. This warranty is expressly in lieu of all other obligations or liabilities on the part of Lexatys, LLC. Lexatys, LLC neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale of their devices or services.
9. RETURNS: Buyer shall not return excess or unused merchandise for credit without Seller’s authorization. Buyer shall obtain a return authorization number from Seller prior to any return. Seller reserves the right to decline all returns or to accept them subject to a handling charge of not less than 15%. Even after Seller has authorized the return of goods for credit, Seller reserves the right to adjust its offer in accordance with the condition of the goods on arrival at its plant. In no case will Seller offer credit for goods returned six months or more after shipment. Credit for returned merchandise is issued only to the original Buyer and not to subsequent owners of the goods.
10. CANCELLATION: No order may be cancelled within 30 days of the accepted delivery date, or if delivery can actually be made within 30 days of the date on which cancellation is requested. Otherwise, the order or contract may be cancelled in accordance with the following: a) by mutual agreement of Buyer and Seller. b) if the items covered by the order are being purchased for ultimate delivery to the US Government pursuant to a US Government contract or for use on a US Government contract with or without other equipment, then it is agreed that any part or all of the order may be cancelled only in accordance with the cancellation provisions of the corresponding government contract.
11. PATENTS: In the event that suit is brought against the Buyer alleging infringement of patents, the Seller reserves the right to substitute for items which are alleged to infringe other equally suitable items without altering conditions of this sale. The Seller shall also have the right to take back infringing items, refunding only purchase price less reasonable allowance for use.
12. SPECIFICATION CHANGES: The Seller retains the right to discontinue and/or change specifications of any item without notice, and without incurring any obligation to incorporate new features on units previously sold.
13. DEVELOPMENT PRODUCTS: Products offered for sale which involve non-recurring engineering, setup charges, mask, or optical setup fees are considered development products. These products may not have been released for production manufacture at the time of order acceptance. In order to meet delivery schedules, Buyer may be asked to grant a waiver on some performance parameters. Such a product may also have a note on the CONFIRMING ORDER which references the part as a DEVELOPMENT PRODUCT.
14. TAXES: The Buyer agrees to pay any present or future sales, excise or similar tax levied by the United States Government, Buyer’s state or local government, which Seller may be required to pay by reason of this sale and/or contract.
15. COMPLIANCE: Seller warrants that the items covered by these terms and conditions are produced in compliance with the Fair Labor Standards Act as amended.
16. ACCEPTANCE: All orders and sales contracts are valid only upon written acceptance by an officer of the Seller at our office in Laurel, Delaware. All changes and/or modifications are subject to these same conditions. The rights and obligations of the parties hereunder shall be governed by the laws of the State of Delaware.
17. LIMITATION OF LIABILITIES: In no event shall Lexatys, LLC be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Buyer’s recovery from Lexatys, LLC for any claim shall not exceed the purchase price paid by Buyer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. BUYER SHALL INDEMNIFY, DEFEND AND HOLD LEXATYS, LLC HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by Lexatys, LLC and incorporated into the buyer’s product.
18. EXPORT CONTROL: Products purchased or received under these Terms and Conditions are subject to export control laws, restrictions, regulations and orders of the United States. Buyer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country. Lexatys, LLC products typically are exported under US Dept. Of Commerce export license regulations.
THESE TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE
Lexatys, LLC 2019-10-07
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