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Standard Terms and Conditions of Sale
All Quotations are valid for 30 days. Price and delivery are subject to review by Circuits at time of order. At time of order, price and delivery are subject to review of supplied data, and ship date is subject to current production backlog. Shipment of the order is subject to export or other license requirements and governmental orders or directives. Seller shall not be liable for unavoidable delays in delivery caused indirectly or directly or in any manner by fires, flood, accidents, riots, acts of God, war, terroristic acts or threats thereof, governmental interference, embargoes, strikes, labor difficulties, shortage of labor, fuel power, materials or supplies, transportation delays, or any other cause or causes either beyond its control or which it cannot remedy without economic hardship. Buyer is responsible for any transportation costs and all excise, privilege, occupational sales, use, personal property and other taxes, in addition to the sales price. Buyer understands that the goods supplied may be subject to U.S. Department of Commerce, Office of Export Administration, and other U.S. Government Agency rules and regulations. If the goods are intended for export or re-export, Buyer agrees to comply with all pertinent U.S. Government rules and regulations. Buyer further acknowledges that diversion of the goods to any destination contrary to or in violation of any U.S. Law is prohibited. Seller warrants to the original purchaser that the goods delivered will conform to all relevant specifications and will be free from defects in material or workmanship. Minor deviations which do not affect the performance of the good(s) shall not be deemed to constitute either a failure to conform to the specifications or a defect in material or workmanship. This warranty shall extend for a period of twelve (12) months from the initial date of shipment. This limited warranty is in lieu of any and all other representations and warranties express or implied, including any warranty of merchantability, fitness for a particular purpose or other warranty. This limited warranty constitutes the exclusive benefit for the Buyer for defective or non conforming products. The sole purpose of this exclusive remedy shall be to provide Buyer with repair and/or replacement in the manner and for the time period provided herein. Except to the extent provided by this limited warranty, the Seller shall not be liable for any direct or indirect, incidental or consequential damages. The liability of the Seller shall not in any event exceed the cost of the goods upon which a claim is made. This sale shall be governed by the laws of the Commonwealth of Pennsylvania. Payment terms are NET 30 on approved accounts. If payment is received no later than the l0th day after the date of the invoice, Buyer may deduct a discount of l% from the net amount indicated on the invoice. Orders of new part numbers require Gerber data, fabrication drawings, and a purchase order by 10:30 AM of the first day of manufacturing. All products are manufactured and inspected to the latest revision of Military and IPC documents required on the drawing. If no specification is required by the fabrication drawings or procurement documentation products are manufactured to the latest revision of IPC-6013, Class 2. If soldermask is required, pricing assumes Kapton coverlay over bare copper, unless otherwise specified. All products manufactured through our engineering process remain the property of Circuits. Any customer supplied items will be returned at time of shipment.
FOB – Murrysville, PA
Standard Terms and Conditions of Purchase
Seller’s acceptance of this order shall be deemed to occur either through commencement of performance under this order, shipment of any goods, or acknowledgment of this order. No change in, modification of, or revisions to, this order shall be valid unless in writing signed by Buyer. Seller may not change material of manufacture, sources of supply, manufacturing process or manufacturing location without the prior written consent of Buyer. Time and quantities are expressly made the essence for this order, and Buyer reserves the right to terminate, without penalty, this order as to any or all items if delivery is not made as specified. In the event Seller defaults by failing to deliver the products and/or services by the required delivery date, the Purchase Order may at Buyer’s option be canceled without incurring any liability to Seller and Buyer shall be entitled to all legal and equitable remedies. Seller expressly warrants that all goods and/or services furnished hereunder will be free from defect in materials and workmanship, conform strictly to all specifications, drawings, data, samples, descriptions as well as other requirements of this order. If there is a breach of any of these warranties, Buyer, in addition to any other rights it may have, may terminate this order in whole or in part or may return such goods at Seller’s expense for repair, replacement, refund or credit, all at Buyer’s option. All goods are subject to inspection and testing by Buyer at any time. Payment for goods or services shall not constitute final acceptance. Acceptance of any goods shall not be deemed to affect Buyer’s rights or the Seller’s obligations under the Warranties clause. All designs, tools, patterns, drawings, specifications or other information as well as all reproductions of them, and any other property that is furnished to Seller by Buyer or that is paid for by Buyer are proprietary and confidential and shall be the property of Buyer. Seller shall use such property of the Buyer for no purpose other than to fill Buyer’s orders, and Seller shall not reproduce, disclose or use such property in the production, manufacture or design of any items or goods for any other purchaser or for the manufacture of quantities larger than those specified by Buyer, except with the prior written consent of Buyer. All of Buyer’s property is subject to removal from Seller’s facility at any time upon Buyer’s demand. Seller shall be liable for all loss of damage to, or destruction of, Buyer’s property, and Seller shall, unless otherwise directed in writing by Buyer, insure at Seller’s expense such property in the amount equal to the replacement cost thereof. In the event Seller must contract the performance of this order to a third party, Seller agrees to enter into a written agreement with that third party that obligates it to be bound by the terms and conditions of this order including all government regulations referenced herein. At Buyer’s request, Seller shall provide Buyer with a copy of such written agreement. Except as otherwise specified, the price includes all applicable federal, state and local sales, use and other taxes, duties and fees. Invoices will not be dated earlier than the date of shipment of the goods or the date of delivery of services. Buyer may terminate this order in whole or in part at any time by written notice to Seller. Upon receipt of such notice or at the time specified in such notice, Seller shall immediately discontinue all work under the order, shall incur no further costs of performance and shall terminate all related orders and subcontracts given by Seller for performance. If the goods being ordered are made exclusively for Buyer and are completed, Seller will then deliver them, and Buyer will accept and pay for them at the original purchase price. In no event shall Buyer be liable for any lost profit or for any incidental, indirect or consequential damages or losses incurred by Seller as a result of such termination. Neither party shall be liable for default or delays due to acts of God, any actions of a government/governmental agency, fires, floods, terroristic acts, accidents or other unforeseeable events beyond its reasonable control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay and its expected length within five (5) days after its beginning. In the case of delays impacting Seller’s performance under this order, Buyer reserves the right to terminate the order in accordance with the provisions of the Termination provision above. When government regulations are noted in this order, the applicable government clauses and any additional mandatory government provisions applicable to a contractor under a government contract to include in its subcontracts there under will apply to this order. Neither this order nor any rights and obligations under it may be assigned by Seller, nor may Seller delegate performance of any of its duties hereunder without the prior written permission of Buyer. Seller warrants and hereby certifies that in performing this order, Seller shall comply, and shall cause all goods or services furnished under this order to comply, with all current governmental and safety constraints on restricted, toxic, and hazardous materials as well as environmental, electrical, and electromagnetic considerations applicable to the country of manufacture and sale. In addition, Seller shall comply, and shall cause all goods or services furnished under this order to comply, with the Fair Labor Standards Act, as amended, and Seller agrees that this certification maybe considered as a certificate contemplated by that Act. Seller further warrants and certifies that its performance of this order and the goods and services furnished under this order shall be in compliance with all applicable federal, state and local laws, rules, regulations, standards and orders, including, without limitation, the Equal Opportunity Clause in Section 202 of Executive Order 11246 of September 24, 1965, as amended; the Affirmative Action provisions referenced in the regulations at 41 CFR Parts 60-1 through 60-250, and Section 402/503 and the regulations at 41 CFR Parts 60-250 and 60-741; and the provisions of the Toxic Substances Control Act of 1976, as amended. Seller warrant and certifies that the goods covered by this order shall be in compliance with the provisions of the Federal Occupational Safety and Health Act (OSHA), as amended as well as regulations under that Act at the time of shipment by Seller, or upon completion of, if installed by Seller, or upon assembly by Buyer, in accordance with Seller’s instructions. Where services are being provided, Seller shall perform the services in a manner so as to comply with the applicable provisions of OSHA and regulations under that Act. Seller further agrees to defend, indemnify and hold Buyer harmless for any loss, damage, fine, penalty or any expense whatsoever that may result from Seller’s failure to comply with OSHA and any standards or regulations issued under that Act. Any information disclosed by Buyer to Seller that is incidental to the performance of this order including but not limited to information related to pricing, volumes or the financial terms of the order as well as the existence of this order itself is revealed by Buyer in confidence for the sole and exclusive use of Seller. Seller shall not disclose such information without the express written consent of Buyer. In the absence of a signed agreement to the contrary, no information disclosed by Seller to Buyer shall be considered confidential. Seller shall not in any advertising, sales promotion materials, press releases or any other publicity matters use the name of Buyer. For any reason determined by Buyer including without limitation quality control and pricing, Buyer may inspect Seller’s manufacturing facilities as well as review and copy, upon its request, any and all books, records and information of Seller relating to the goods provided under this order. Seller shall maintain the books, records and information (including but not limited to production and quality records) relating to the goods provided under this order for a minimum of ten (10) years after delivery and acceptance of goods, unless a longer period is specified in the order itself.
This order shall be construed, interpreted and controlled by the laws of the Commonwealth of Pennsylvania. Seller agrees to subject itself to the courts in Pennsylvania and that such venue in Pennsylvania shall be exclusive regarding disputes arising out of this order.