These Terms & Conditions apply to all quotations, sales, shipments, deliveries, returns, warranties, and disputes relating to QuakeLogic Inc. (“Seller”) products. By requesting a quotation, placing an order, submitting payment, accepting delivery, or using any product, the purchaser (“Buyer”) agrees to these terms in full. Electronic acceptance of these terms constitutes a legally binding agreement.
This document constitutes a legally binding agreement between Seller and Buyer. If Buyer does not agree to these terms, Buyer must not place an order, submit payment, accept delivery, or use any product.
All hardware sales are final and non-cancelable once an order is placed. Orders may not be canceled, modified, or refunded after payment authorization, production scheduling, shipment preparation, or shipment dispatch, whichever occurs first.
Returns are strictly prohibited unless Seller provides prior written authorization and issues a valid Return Merchandise Authorization (RMA). RMA approval is granted solely at Seller’s discretion.
If, and only if, an RMA is approved:
Unauthorized returns will be refused and returned at Buyer’s expense or discarded without refund. Custom or semi-custom products are non-returnable under all circumstances.
Products are professional scientific and industrial instruments intended for trained technical users. They are not consumer products and are not designed for medical, life-support, or safety-critical applications. Buyer assumes full responsibility for product selection, application, integration, and use.
Seller provides a limited one (1) year warranty from the shipment date covering defects in materials and workmanship only. The sole remedy is repair or replacement at Seller’s discretion. Refunds are not provided under any circumstances.
To the maximum extent permitted by law, Seller disclaims all implied warranties, including but not limited to merchantability and fitness for a particular purpose.
Warranty does not cover improper installation, misuse, abuse, negligence, environmental exposure, electrical damage, unauthorized modification, third-party components, software configuration, or normal wear.
All shipments are FOB Origin – Roseville, California, USA. Risk of loss transfers to Buyer upon delivery to the carrier. Seller is not responsible for delays, loss, theft, or damage in transit. Buyer must file claims directly with the carrier.
Title to all goods remains with Seller until full payment is received.
Delivery is deemed accepted when carrier tracking indicates delivery, a signature is recorded, or goods are left at the delivery location. Failure to report damage or shortage within forty-eight (48) hours constitutes full acceptance.
Buyer agrees not to initiate chargebacks, payment reversals, or disputes for delivered products, except in cases of verified fraud or unauthorized transactions.
Unauthorized chargebacks constitute breach of contract and Seller reserves the right to recover all associated costs, including administrative fees, collection costs, attorney’s fees, and interest.
Buyer agrees to indemnify, defend, and hold harmless Seller from any and all claims, damages, liabilities, losses, costs, and expenses (including attorney’s fees) arising from Buyer’s use, misuse, installation, modification, or application of the product.
To the maximum extent permitted by law, Seller shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, or data loss.
Seller’s total liability shall not exceed the original purchase price of the product.
Buyer is solely responsible for compliance with all applicable export control laws, sanctions regulations, and import requirements.
Seller shall not be liable for delays or failure to perform due to events beyond reasonable control, including but not limited to natural disasters, pandemics, supply chain disruptions, labor shortages, acts of war, terrorism, government restrictions, or utility outages.
This agreement shall be governed by the laws of the State of California, USA. Buyer agrees to the exclusive jurisdiction of California courts and waives any objection to jurisdiction or venue.
In any dispute arising from this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
If any provision of this agreement is deemed unenforceable, the remaining provisions shall remain in full force.
This document constitutes the entire agreement between the parties and supersedes all prior communications.
By completing a purchase, Buyer confirms that these terms have been read, understood, and accepted in full.
Information provided is for general purposes only and may be updated without notice.
Seller is not responsible for the content or availability of third-party websites.
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