Terms and Conditions of Sale

Transcription

1 Terms an Conitions of Sale PREAMBLE These general terms an conitions ( Terms ) are applicable to an shall govern all purchase orers accepte by Touch International, Inc. ( TI ) an all sales transactions entere into between TI an a purchaser ( Customer ). Unless TI has issue a written ocument that explicitly accepts any terms an conitions that contraict, conflict or are aitive to these Terms, Customer agrees an acknowleges that (i) any terms put forth by the Customer in any form which contraict, conflict with, or are aitive to these Terms are explicitly rejecte by TI, an, (ii) that this Customer agreement an acknowlegement is a conition preceent to TI entering into a sales transaction with the Customer. Offers an pricelist can be change at any time an without warning. Notwithstaning the foregoing, a signe supply contract between TI an a Customer may contain terms an agreements which will supersee these Terms. PRICES TI reserves the right to increase the price of proucts herein by written notice to the Customer at least thirty (30) ays prior to the ate of shipment of such proucts. Any quantity price iscounts quote by TI are compute separately for each type of prouct to be sol an are base upon the quantity of each type an each size orere at any one time for immeiate elivery. If any orer is reuce or cancele by Customer with TI s consent, it is agree that prices will be ajuste upwar to the higher price, if applicable, for the un-cancelle quantity. Unless otherwise agree TI reserves the right to ship an bill ten percent (10%) more or less than the exact quantity specifie. TAXES Unless otherwise specifie in a price quotation, the prices quote o not inclue any freight, taxes, import or export uties, tariffs or custom charges. Customer agrees to pay TI the amount of any feeral, state, county, municipal, or other taxes, uties, tariffs or custom charges levie by any jurisiction foreign or omestic, which TI may be require to pay on account of the ownership at the place of installation or uring transit of the material or equipment which is the subject of these Terms, or on account of the transportation, sale, or use of sai material or equipment. Documentation Number: Rev. 3 Pg. 1

2 PAYMENT TERMS Unless explicitly state in a separate agreement, payment terms are thirty (30) ays net from ate of invoice, subject to approval by TI of amount an terms of creit. Payment for nonrecurring engineering fees (NRE) will be bille upon acceptance of Customer purchase orer an payment is ue upon invoice. TI reserves the right to require payment in avance or C.O.D. an/or otherwise moify creit terms. When partial shipments are mae, payments therefore shall become ue in accorance with the above terms. If, at the request of Customer, shipment is postpone for more than thirty (30) ays, payment will become ue thirty (30) ays after notice to Customer that proucts are reay for shipment. These terms apply to partial as well as complete shipments of the proucts. If Customer fails to pay in accorance with these terms, TI at its option, may charge Customer, an Customer shall pay TI (in aition to the price), interest on the ebt at the rate of twelve percent (12%) per annum from the ue ate until Customer pays the ebt in full or use such other collections proceures available uner law. SHIPMENT All shipments will be mae F.O.B. TI shipping point. In the absence of specific instructions, TI will select carrier. Title to the material shall pass to the Customer upon elivery thereof by TI to the carrier or elivery service. If shipment is not on a Customer s account, TI reserves the right to invoice the Customer for any an all shipping charges incurre incluing uties, fees, VAT, etc. Proucts hel for Customer, or store for Customer, shall be at the risk an expense of Customer. Claims against TI for shortages must be mae in writing within ten (10) ays after arrival of shipment. TI is not require to notify Customer of the shipment. DELIVERY Shipping ates are approximate. If conitions arise which prevent compliance with elivery scheules, TI shall not be liable for any amage or penalty for elay in elivery, or for failure to give notice of elay, an such elay shall not constitute grouns for cancellation. Without limiting the generality of the foregoing, TI shall not be liable for elay by reason of inability, ue to causes beyon its reasonable control, to obtain the necessary labor, materials or manufacturing facilities, or for elay ue to the elements, acts of Go, acts of the Customer, acts of nonperformance of suppliers, acts of civil or military authorities, priorities, fires, floos, epiemics, quarantine restrictions, war, riot, strikes, ifferences with workmen, accients to machinery, elays in transportation or any other causes beyon the control of TI whether or not similar to the foregoing. In such event, elivery ates shall be eeme extene for a perio equal to such elay. Shipments are consiere to be on time if elivere within three business ays prior to the estimate elivery ate or one business ay after the estimate elivery ate. Documentation Number: Rev. 3 Pg. 2

3 PACKING Unless otherwise specifie, prices quote herein inclue normal packaging. If special packaging is require by Customer, an aitional charge will be mae an be ue an payable by Customer. INSPECTION Unless Customer notifies TI in writing five (5) ays from the ate of shipment of any proucts that sai proucts are rejecte, they will be eeme to have been accepte by Customer. In orer for the notice of rejection to be effective it must also specify the reason(s) why the proucts are being rejecte. FAIR LABOR STANDARDS ACT TI certifies that proucts furnishe hereuner have been or will be shippe in compliance with the Fair Labor Stanars Act, as amene, an regulations an orers of the U.S. Department of Labor issue there uner. TI agrees that this statement may be consiere as the written assurance contemplate by the October 26, 1949 amenment to sai Act. GOVERNING LAW The terms of this Agreement an all rights an obligations hereuner shall be governe by the laws of the State of Texas. ERRORS TI reserves the right to correct clerical or stenographic errors or omissions. ACCEPTANCE Notwithstaning any inconsistent or aitional terms which may be containe in any purchase orer or any of the Customer's other forms or ocuments, TI s Customer Acknowlegment as an acceptance is expressly conitione upon Customers acknowlegement an agreement to these Terms. RETURN POLICY Stanar Prouct - Subject to TI s acceptance, stanar proucts may be returne within 30 ays from shipment at no charge. Stanar prouct returne after 30 ays, an less than 90 Documentation Number: Rev. 3 Pg. 3

4 ays from original shipment, will be subject to a 10% restocking charge. The Customer is responsible for all shipping charges an all proucts must be in the original conition. No returns after 90 ays are allowe. Custom Prouct - Not returnable. Warranty Coverage Information Touch International, Inc. (referre to as TI ) will repair or replace the efective part at TI s sole option, free of charge in the event of a efect in materials or workmanship within the warranty perio as note below. TI technical support will etermine whether the prouct is out of specification. TI must physically receive the efective prouct back within the specifie warranty perio. TI strongly recommens that the prouct be aequately packe to avoi shipping amage an to allow for effective efect analysis. You may also want to insure the prouct. TI will return the repaire prouct prepai to you. This warranty covers only failures ue to efects in materials or workmanship that occur in normal use. It oes not cover amage that occurs in shipment, failures that are cause by proucts not supplie by TI failures that result from accient, misuse, abuse, neglect, water amage, mishanling, misapplication, faulty installation, set-up ajustments, improper maintenance, alteration, line power surge, external prouct amage incluing fiel amage, moification or service not approve by TI or amage that is attributable to acts of Go. Removal an reinstallation costs are not covere by this warranty. Prouct Warranty Prouct Warranty Projecte Capacitive 10 Years IR Touch 5 Years Multi-Touch Resistive 1 Year Surface Capacitive 5 Years 4-Wire Resistive 1 Year Cap-Lite 1 Year 5-Wire Resistive 5 Years All Winows 1 Year 8-Wire Resistive 2 Years All Controllers 5 Years Digital Matrix 1 Year Direct Bon 1 Year Covers the Direct Bon Only an is inepenent of touch screen an Display Warranty. Documentation Number: Rev. 3 Pg. 4

5 OBTAINING A RETURN MATERIAL AUTHORIZATION (RMA) NUMBER Please call your regional sales representative prior to returning the prouct to obtain an RMA number. Please have the part number(s), serial number(s), an trouble statement reay when you call. Once the number is issue, it will be vali for 45 ays. We will contact you either via fax or with etaile shipping instructions. We ask that you label all boxes clearly with the RMA number. If the RMA number is not clearly visible, TI reserves the right to return the prouct to you at your cost. TI will not be responsible for inboun freight or relate fees associate to RMAs. TI s warranty provies for the repair/replacement of the prouct an will inclue economy level return freight for all warrantable returns. Please iscuss the available options with the technical support epartment when you call for your Return Materials Authorization form. WARRANTY LIMITS AND EXCLUSIONS There are no express warranties except as set forth above. The terms of this warranty agreement are subject to immeiate revision. WARRANTY DISCLAIMER: EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THIS DOCUMENT, AND TO THE EXTENT ALLOWED BY APPLICABLE LAW, TI MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE ORDER CANCELLATIONS The purpose of our cancellation policy is to allow a Customer to withraw from a purchase contract subject to TI consent in its sole iscretion. However, there are certain important conitions an limitations. Please rea them carefully: Orer cancellations for stanar prouct orers cannot be cancelle within 30 ays of the scheule ship ate. Documentation Number: Rev. 3 Pg. 5

6 Orer cancellations are not accepte for custom orers or for merchanise mae or procure specifically for Customer's use an such orers are non-cancelable an non-returnable. All sales are final for custom orers an any eposits will be forfeite. In the event TI agrees to cancel a custom orer, cancellation fees inclue, but are not limite to: materials not returnable to the venor or otherwise utilize by TI, freight costs, an labor/overhea incurre. Refusing elivery is not a form of orer cancellation. RE-SCHEDULE POLICY Re-scheuling requests must be submitte an accepte by TI personnel at least 60 ays in avance of the scheule ship ate for all stanar resistive an surface capacitive proucts an 90 ays in avance of the scheule ship ate for custom resistive proucts, all projecte capacitive proucts an all LCDs (purchase or consigne). A maximum of six re-scheules are allowe per release. Blanket orers must have all shipments complete within 13 months of the issue ate. LIMITATION OF LIABILITY In no event shall TI be liable for any inciental, inirect, special or consequential amages arising out of, or in connection with these terms an/or the transactions governe by them, regarless of whether or not TI was avise of the possibility of such amage. ENTIRE CONTRACT The provisions hereon an on accompanying papers, if any, constitute all the terms an conitions agree upon by the parties an shall replace an supersee any provisions on the face an reverse sie of the Customers purchase orer or any attachment thereto, or any prior general agreement inconsistent with the provisions hereof except that orers by a Distributor or Representative with whom TI has a franchise agreement shall be subject to the provisions of such franchise. No moification hereof shall be vali unless in writing an uly signe by a person authorize by TI. The provisions hereof shall not be moifie by any usage of trae, or any course or prior ealings or acquiescence in any course of performance. Documentation Number: Rev. 3 Pg. 6