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Terms & Conditions

Terms & Conditions

International Customers and Exporters must list the application and final destination for any product being requested for quotation.

PAYMENT TERMS

Credit card (VISA, MASTERCARD, AMEX), Wire Transfer*, International, Company Check in US Funds, NET 30/60 pending approval. Credit card purchases will be subject to credit card processing fees of 3.5%. Stock items generally ship within 1 week of order. ARO = After Receipt of Order (based on account status), ARP = After Receipt of Payment (International Customers, semi-custom made to order parts, new accounts pending Net Terms approval).

It is the purchaser’s responsibility to pay all duties and tax.

BANK & CREDIT CARD FEES

The purchaser will be responsible for any Bank charges incurred for processing wire transfers, Canadian and/or International checks, or letters of credit. We have included in your invoice our bank wire charges. Any other fees incurred by other banks are the responsibility of the customer. (Please note that it is common for your bank as well as intermediate banks to charge a fee so you must prepay these upfront or they get deducted from the remittance amount QUAKELOGIC receives). QUAKELOGIC may bill you in addition to the invoice if QUAKELOGIC is required to pay wire transfer fees incurred at your end. If remittance amount received is short your shipment will be held until the balance due is resolved.

Discounted Price Based NET TERMS

Payment received within 30 Days of order, are discounted (the deduction is included in the Net 30 quoted price). If Net 30-Day Terms are extended but payments are not made within 30 Days, the discounted price is subject to change. Net 60 terms are available, which are not discounted. NET 30 Day Pricing means that payment must be received within Day 1 through Day 30. NET 60 Day Pricing means that payment must be received within Day 31 through Day 60. Payments received after the NET Terms extended are subject to additional fees. All prices are based on shipment quantity. Quoted pricing does not include shipping and handling (included in Proforma Invoice).

NET 30-DAY TERMS

NET 30-DAY TERMS are based on the date of the invoice to customers with an established credit rating. QUAKELOGIC reserves the right to change its terms of payment at any time without prior notice. We also accept American Express, MasterCard, and Visa credit cards for the payment of invoices. Those who wish to pay with a credit card after utilizing NET TERMS will be subject to a 3.5% service fee.

A customer whose account is over 30 Days from the date of the invoice will be placed on credit hold. No additional shipments will be made on open account until the past due balance is paid in full. In the event a customer’s account is placed with a collection agency, the customer will be liable for, in addition to the original invoice amount, all the collection fees and interest associated with collecting the invoice. After 30 Days and every 30 Days thereafter a finance charge of 1.5% per month (Annual Rate of 18%) will be added to all past due accounts.

CUSTOM ENGINEERING

QUAKELOGIC is happy to make changes to our software and hardware based on Customer request, however this in no way implies any rights of ownership to the Customer. Custom designed parts are subject to NRE.

TOOLING CHARGES

The tooling charges quoted represent the cost of the tools and fixtures required for making final parts. Tools and fixtures are an integral part of our proprietary fabrication methods and remain the sole property of QUAKELOGIC Custom designed parts are subject to NRE.

CANCELLATIONS

Orders may be cancelled or rescheduled by written notice to QUAKELOGIC, if such notice is provided 60 days in advance of product delivery date. The determined unit price for cancellations will be based on the amount of work in process, raw materials used, tooling expenditures, engineering costs, and other cancellation charges incurred by QUAKELOGIC, plus handling and overhead costs. All cancellation charges will be determined at time of cancellation. Order changes on products with quantity pricing will be subject to price increases on units previously sold if original order fails to fulfill original promised purchase quantity within the time period specified. Customers may incur additional invoices subject to payment for the price difference between the original pricing and the new pricing based on actual quantity purchased with this order.

SHIPMENTS

Once the total order is shipped, it is considered complete; therefore, additions thereto cannot be made. Under such circumstances, a new order must be placed which will be priced according to the quantity or quantities being ordered. All freight and insurance charges paid by QUAKELOGIC will be added to customer’s invoice. (EX Works)

FREIGHT SERVICE

UPS or FEDEX for domestic, and DHL for international shipment unless otherwise requested by the purchaser. Freight and handling will be prepaid and billed to the purchaser’s invoice.

PACKAGING

Standard commercial.

FOB ORIGIN

Freight prepaid and charged back (FOB POINT: ROSEVILLE, CA, USA)

Seller – Pays freight charges and adds to invoice

Buyer – Bears freight charges

Buyer – Owns goods in transit

Buyer – files claims (if any)

PARTIAL SHIPMENTS

All large quantity orders, placed for the purpose of obtaining a price break and to be drawn against by means of partial shipments, must be completed within one (1) year from the date of the order. Due to the excessive administrative paperwork and production planning involved with long term orders calling for partial shipments, it is the policy of this company not to reschedule orders more than two (2) times, after which QUAKELOGIC reserves the right to apply a service charge for rescheduling. The service charge will consist of a fee of 2% of the amount of each remaining shipment, and will be added on each subsequent invoice.

DROP SHIPMENTS

In most cases, QUAKELOGIC will drop ship an order to another location. However, the customer must have an established account (Net 30 Days) and must be current on their account. NO drop shipments will be made to locations outside the United States.

REJECTED OR DEFECTIVE MATERIAL

Any material from QUAKELOGIC, which the customer has rejected or determined defective may be returned to QUAKELOGIC – within 30 Days – upon our authorization by prior agreement. When the return of material is thus authorized, transportation charges are to be prepaid. Rejected material must be in the original packaging and packed carefully to prevent any damage in transit in order that QUAKELOGIC may properly assess the validity of rejection or defect. After such material has been inspected by QUAKELOGIC, proper credit or replacement will be issued if the rejection or defect is valid.

RETURNED GOODS

Goods are not to be returned to QUAKELOGIC without our authorization by prior agreement (RMA#). Custom items are not eligible to be returned. Only standard off-the-shelf parts can be returned within 30 Days of purchase as long as the item is unused and in the original packaging – subject to restock fee. When the return of goods is thus authorized, transportation charges are to be prepaid by sender, ship via Standard Ground/Economy service unless otherwise noted on RMA. QUAKELOGIC will not be responsible for any goods shipped to us without such prior authorization. When the returned goods have been received and inspected by QUAKELOGIC, proper credit will be issued. Returned goods must be shipped in the original packaging and packaged properly to insure no damage in return transit. Minimum restocking charge is 25%.

LOST, SHORTAGE, OR DAMAGE

All of our products are sold F.O.B., Roseville, CA. In case of loss, damage, or shortage due to damage in transit; the customer should immediately notify both the carrier and QUAKELOGIC, and promptly file a claim with the carrier. Any delay may result in a loss to the customer. Our responsibility for delivery of goods ends when we have consigned material to the carrier. Any shipment lost, damaged or is short upon receipt must be reported within 30 Days to QUAKELOGIC

ONE YEAR WARRANTY

QUAKELOGIC will guarantee its products from defects in material and workmanship for a period of one (1) year from date of shipment. The manufacturer of this quality instrument warrants that if it is determined this instrument has failed, within twelve months of the date of shipment, due to defect in material or workmanship, QUAKELOGIC agrees at its option to repair the item, or to furnish a new unit in exchange for the defective item. No additional warranty is implied beyond repair or replacement of unit. Warranty is void if the item has been altered, modified, abused and/or mishandled by the customer in any manner. IN NO EVENT WILL THE COMPANY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND.

ACCEPTANCE

This is an offer to sell our product on the terms and conditions written above and should not be viewed as an acceptance of any other offer or agreement. Unless expressly agreed, QUAKELOGIC does not, and will not accept any changed or additional terms included in other documents. Any additional or conflicting terms made a part of or attached to a purchase order will not be considered, and QUAKELOGIC objects to any such terms. As such, you acknowledge that the terms stated herein are the only terms in effect with respect to your purchase of these instruments. Any purchase order received by QUAKELOGIC will be considered acceptance of the terms stated in this document only.


Copyright and Legal Notices

DISCLAIMER

QUAKELOGIC is committed to quality service to its customers and makes every attempt to ensure accuracy, currency and reliability of the data contained in these documents. The information and material presented are provided for informational purposes only, changes after time of publication may impact the quality of this information – it may not be complete, accurate, or timely.

EXTERNAL SITES

QUAKELOGIC is not responsible for the contents or reliability of the externally linked websites and does not necessarily endorse the views expressed within them. Listing shall not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over availability of the linked pages.

COPYRIGHT

©2021 QUKELOGIC® Inc. All Rights Reserved. The information and material presented may not be published, broadcast, rewritten, or redistributed without the express written consent of QUAKELOGIC® Inc.