All
We Tech LLC DBA JetPCB
Terms and Conditions of Quotation and
Sale
The
Terms and Conditions stated below apply to all quotations and resulting sales
orders for the products and services provided by JetPCB. Any modifications or
additions to these terms and conditions must be agreed to in writing by JetPCB.
QUOTATION VALIDITY:
All quoted prices, other charges and lead times are valid for a period of
thirty (30) days from the date of quotation. Extension of this validity period
will be considered when requested.
CREDIT TERMS:
JetPCB reserve the right to review the credit history of the Buyer prior to
order acceptance. COD. Terms may apply and will be so stated on the face of the
quotation. All invoices are due and payable within thirty (30) days from the
date of the invoice
TAXES:
All prices will be quoted, all orders accepted all invoices presented, will be
exclusive of all federal, state and local excise, sales, value added and
similar taxes.
DELIVERY:
Delivery of products by JecPcb will be within the quoted lead time shown on the
quotation, or to the delivery date acknowledged by JetPCB. Deliveries based on
monthly releases against the Buyers purchase order are subject to review,
acceptance or mutually negotiated schedules, JetPCB shall Use its best endeavor
to meet agreed delivery dates but shall not be held liable for non compliance
due to uncontrollable conditions.
METHODS OF SHIPMENTS:
All shipments are F.O.B. Taiwan. The method of shipment is the Buyers option
and so stated in the Buyers purchase order. If no method of shipment is stated
by the Buyer, JetPCB will choose a method that insures safe, undamaged, timely
delivery of the product.
WARRANTY:
JetPCB warrants that the product delivered to the Buyer will substantially
conform to the specifications furnished by the buyer (and acknowledged by
JetPCBat the time of order acceptance) and will be free of defects in materials
and workmanship. The warranty period will be forty-live (45) days from the date
of the products invoice / shipment. During that forty-five (45) day period, it
is the Buyers obligation to inspect, accept or reject the product. Notice of
rejection must be submitted to JetPCB, who (at its option) can authorize the
return of the product for inspection, repair, remanufacture or credit without
replacement. JetPCB reserves the right to request samples of the rejected
product for inspection and evaluation. If product is returned and subsequently
found by JetPCB to be compliant with acknowledged specifications, the product
will be reshipped and payment will be due per the original invoice or if a
debit was prepared by the Buyer, will be re-invoiced for immediate payment. Any
and all returns must be authorized by JetPCB issuing a return material
authorization number (RMA): Returned product not referencing a RMA number can
not be accepted by JetPCB receiving department.
Other than as set forth above, there are no express or implied warranties,
including those of merchantability or fitness for a particular purpose, nor any
product sold hereunder. Whether such product is used alone or in combination
with any other material.
LIMITATION OF LIABILITY:
(A)JetPCB liability on any claim for loss of damage arising out of an order or
sales contract shall not exceed the total value stated on JetPCB's Invoice.
Buyer's exclusive and sole remedy on account or in respect of the furnishing of
non-conforming goods shall be to secure repair or replacement thereof as
aforesaid. Seller shall not in any event be liable for the cost of any labor
expended on any such goods or for any special, direct, indirect, incidental or
consequential damages to anyone by reason of the fact that such goods do not
conform to this Sales Order.
(B)If JetPCB furnished technical or other advice to the Buyer, whether or not
at Buyers request, with respect to processing, further manufacture, other use
or resale of goods. JetPCB shall not he liable for, and the Buyer assumes all
risk of such advice and the results thereof.
PATENTS. COPYRIGHT AND TRADEMARK INDEMNITY:
JetPCB assumes no consequential or other liability and the Buyer agrees to
indemnify and hold JetPCB harmless against any and all liability expenses,
losses and/or damages caused by infringement of any patent, copyright or
trademark.
CHANGES:
Any changes to the product specifications, purchase order, pricing, delivery
schedule and other specific terms in the original quotation and/or acknowledged
order are subject to the review and acceptance of JetPCB. Changes which alter
the original scope of the work to be performed and which have any cost impact
must be mutually negotiated, accepted in writing, reflected in a revised
purchase order before implementation of the change(s).
TOOLING, DIES, TEST FIXTURES, DRAWINGS, ETC.:
(A)Unless otherwise specifically agreed upon in writing between the buyer and
JetPCB, all tooling, dies, test fixtures and all drawings (Hereafter referred
to as “Tooling”) used by JetPCB to manufacture the product, shall remain the
exclusive property and under the exclusive control of JetPCB and shall not be
deliverable to the buyer.
(B)The “Tooling” charges presented by JetPCB to the Buyer at time of quotation
and subsequently included in the Buyer’s purchase order and finally invoiced by
JetPCB and payment rendered by Buyer, are only an estimate of the cost to the
“Tooling” and the Buyer consents, in writing, to pay this amount. Unless
otherwise agreed to, sale, transfer, delivery of the “Tooling” to the Buyer is
on a sold “AS IS” basis without any warranties whatsoever.
BUYERS FURNISHED MATERIAL(S):
Orders
requiring the use of Buyer’s raw material, components and/or equipment are
accepted subject to mutually agreed to delivery of said materials. If said
materials and/or equipment are deemed by JetPCB to be defective, JetPCB can
cease performance on the Buyers order(s) until a remedy to the defective
materials is provided and JetPCB concurs with said remedy.
COMPLIANCE WITH LAWS: The rights and obligations of JetPCB and the Buyer with
respect to JetPCB’s quotation and the resulting Buyers contract shall be
governed by the laws of the State of Florida, USA and any applicable United
States of America Federal law or statute. For any disputes arising out of this
Sales Order, the parties hereby submit to the jurisdiction of the State of
Florida, and agree that the state courts located in Pinellas County, Florida,
and the Federal courts located in Tampa, Florida, will serve as the sole forum
for purposes of any suit, action or other proceeding. In the event of any
litigation arising out of this Sales Order, the prevailing party shall be
entitled to recover all costs incurred, including reasonable attorney’s fees,
in all matters of collection and enforcement.
TERMINATION:
Any order may be terminated by the Buyer upon not less than forty-five (45)
days prior written notice to JetPCB, subject to the following conditions:
(A)Buyer will accept delivery of, and pay for, all products which are
completely manufactured as of the effective date of termination.
(B)JetPCB will advise the Buyer in writing as to the Buyers liability for
work-in-process material and labor costs actually I ncurred plus a reasonable
profit. Once advised, the buyer shall cooperate to negotiate acceptance and
effect payment for any and all of these costs. Additionally, if “Tooling” costs
are to be included in termination charges, costs will be derived as per
paragraph 10(B) herein.
(C)If mutual agreement cannot be reached as to the results of termination,
JetPCB reserves the right to remedy the matter in the courts per paragraph 12
herein.
ASSIGNMENT:
Buyer
shall not (by operation of law or otherwise) assign its rights or delegate its
performance hereunder without prior written consent of JetPCB and any attempted
assignment or delegation without this written consent shall be void.
NOTICE: All notices and communication required or permitted to
be given to JetPCB shall be in writing and shall be given by registered or
certified mail, postage and fees prepaid and sent to the address on the front
of the quotation or order acknowledgement.
BUYER’S DEFAULT: Upon the happening of any one or more of the following events:
(A)Buyer’s default in the payment of any sum due to JetPCB hereunder.
(B)Buyer’s default in the performance of any other provision of these terms and
conditions for a period of more than ten (10) days after delivery of written
notice of such defaults to Buyer by JetPCB.
Then JetPCB, at its option, may exercise one or more of the following options:
(1)Withhold delivery of any goods which are subject of the order or sales
contract.
(2)Stop delivery of goods in the possession of a carrier or other parties and
cancel the order or sales contract.
Exercise any and all rights and privileges that JetPCB may have under the laws
of either the State of Florida or the United States of America, or both.
All of the above and none other, constitute the entire terms and conditions of
quotation and sale of JetPCB .