General: If the
following conditions should conflict or be inconsistent with the terms
or
conditions contained, incorporated, or referred to in any document of
the
customer, then these conditions shall prevail unless otherwise agreed
upon in
writing by I-Bus Corporation.
To the extent that any
clauses of these terms and
conditions of sale should prove invalid, the remaining provisions and
the
contract shall remain valid and binding. Any invalid clauses shall be
renegotiated
with the intention of replacing such clauses by new provisions with
similar
economic implications. Such substituted provisions will be binding on
both
parties.
Payment
Terms:
All orders will be invoiced at time of shipment and are
F.O.B. exworks with freight costs being paid collect or prepaid by
Seller and
invoiced to the Buyer. Payment terms
are net 30 days. I-Bus Corporation
shall retain a security interest in all products sold as security for
the
payment in full of the purchase price, and such security interest shall
be
satisfied and terminated by full payment.
Prices: The
prices, quantities and delivery times stated in any quotation shall not
be
binding on I-Bus Corporation unless and until I-Bus Corporation has
confirmed
in writing its acceptance of an order placed by the customer in
accordance with
the quotation. Prices and quotations are subject to change without
notice.
Prices are in US dollars. Pricing is based on the quantity purchased of
a
single product part number (consisting of that portion of the I-Bus
Corporation
product part number which defines the product form factor and internal
computer
architecture), ordered by a single customer under single
non-cancelable,
non-changeable purchase order for a set quantity of products with a
common
product part number and various options for processor, memory, and
peripheral
components, to be shipped on a single invoice or multiple invoices
within
twelve (12) months of the order date.
Packaging
and Delivery: The specification
for packing the products shall be
entirely at the discretion of I-Bus Corporation. I-Bus Corporation
shall not be
obliged to comply with any packaging instructions or requests of the
customer
unless previously agreed to in writing by I-Bus Corporation. The
customer shall
be bound to accept the delivery of the products and shall not be
entitled to
reject delivery or part delivery of the products ordered.
Unless acceptable
specific instructions are received from
the customer, I-Bus Corporation reserves the right to select a suitable
carrier
for the products. Delivery of the products in good condition to such a
carrier
constitutes delivery to the customer at which point the risk and title
in the
product and/ or products shall pass to the customer. Any mis-delivery
or damage
shall thereupon be the responsibility of the customer, who may also be
responsible for obtaining and paying for insurance and carrying out
negotiations in the event of loss, mis-delivery, breakage or other
damage
regardless of the fact that insurance may have been secured by I-Bus
Corporation at the request of the customer.
Cancellation
Charge Policy for All Products:
a.
Orders cancelled within sixty (60) days of
scheduled delivery shall incur the full purchase price.
b.
If the order is
cancelled more than sixty (60) days but
less than ninety (90) days from the original date of delivery, I-Bus
Corporation will charge
for all actual costs associated with the
order. The cancellation fee shall be due
and
payable within ten (10) days from such cancellation notice.
Order Rescheduling
Charges:
a.
Buyer may not
reschedule orders within thirty (30) days of
the scheduled delivery date.
b.
Orders due for
delivery more than thirty (30) days but
less than sixty (60) days from the
delivery date, at the
written request of the Buyer, may be rescheduled for delivery up to
thirty (30)
days from the original delivery date. I-Bus Corporation may at its sole
discretion levy a rescheduling fee of ten percent (10%) of the List
Price of
the order. The rescheduling fee shall be
due and payable within ten (10) days of I-Bus Corporation acceptance
such
rescheduling notice.
c.
If the order is
scheduled for delivery by Buyer more than
sixty (60) days from the date of
delivery, the order may be rescheduled for delivery up to thirty (30)
days from
the original delivery date without any additional charge.
d.
Orders may be
rescheduled by Seller without penalty, with
Buyers prior approval.
e.
No orders may be
rescheduled more than once.
Limited
Warranty:
I-Bus Corporation warrants its products to be free of
defects in material and workmanship for a period of one years. This
warranty is limited solely to the obligation to repair or replace its
products,
when the product has been returned to I-Bus Corporation by the Returned
Material Authorization (RMA) process defined within and I-Bus
Corporation’ has
found the product to be defective. This warranty is limited solely to
the value
of the product sold. I-Bus Corporation assumes no liability for any
consequential or contingent damages resulting from the failure of any
products
sold by I-Bus Corporation.
I-Bus Corporation is
not liable for any defects in
material or workmanship of any peripherals, products or parts, which
I-Bus
Corporation does not design or manufacture. I-Bus Corporation receives
warranties
on certain third party peripherals, products or parts purchased by it
and its
obligations with respect to such third party peripherals, products or
parts
shall be limited to the extent of the warranties so received by it.
Repair or replacement
parts will carry the remainder of
the original warranty or ninety (90) days, whichever is greater.
I-Bus Corporation will
analyze the returned unit and the
customer will be charged for out of warranty repairs in the following
instances:
No problem found: $300
(US dollars)
Out of warranty
repairs: labor at $150 per hour with $300
(US dollars) minimum charge plus, parts. Receipt of damaged goods voids
the
I-Bus Corporation warranty.
Repair parts and
replacement products will be furnished on
an exchange basis and will be either new or reconditioned. All replaced
parts
and products requiring replacement shall become the property of I-Bus
Corporation, if such parts or products are provided under this warranty
section. In the event a defect is not related to the I-Bus Corporation
manufactured product, the warranty on such products shall be limited to
the
extent of the warranty so received by I-Bus Corporation from the
manufacturer.
This warranty shall
not apply if the product has been
misused, carelessly handled, defaced, modified or altered by the Buyer,
or if
unauthorized repairs have been attempted by others.
The above warranty is
the only warranty authorized by
I-Bus Corporation and is in lieu of any implied warranties, including
implied
warranty of merchantability and fitness for a particular use.
IN NO EVENT SHALL
I-BUS CORPORATION BE LIABLE TO BUYER,
END USERS, OR OTHER PERSONS FOR EXEMPLARY, INCIDENTAL, INDIRECT,
SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE
LOSS OF
BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOSS OF
PROFIT,
REVENUE, OR THE CLAIMS OF THIRD PARTIES WHETHER OR NOT I-BUS
CORPORATION HAS
BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES OR LOSS.
Return
Material Authorization: In order to obtain warranty service, the
product must be
delivered to the I-Bus Corporation facility, or to an authorized I-Bus
Corporation service representative, with all included parts and
accessories as
originally shipped, along with proof of purchase and a Returned
Material
Authorization (RMA) number. The RMA
number must be obtained in advance from the I-Bus Corporation Customer
Service
Department. The RMA Number is valid for
thirty (30) days and must be clearly marked on the exterior of the
original
shipping container or equivalent. The Buyer will be responsible and
liable for
any missing or damaged parts. The Buyer agrees to pay shipping charges
one way,
and to either insure the product or assume the liability for loss or
damage
during transit. Ship to:
I-Bus
Corporation
Attention: RMA Repair Department
RMA #__________________________
3350
Scott Boulevard, Building 54
Santa Clara, CA 95054
I-Bus may issue, at
its own
discretion, an advance replacement unit on the product if it fails
within fifteen (15) days from the date of delivery from I-Bus.
The customer is
responsible
for inspecting the products immediately upon arrival thereof and shall
within two (2) days of their arrival give notice to I-Bus of any defect
in the products or any other matter by reason whereof the customer
alleges that the products are not in accordance with the contract. If
the customer fails to give such notice, the goods shall be deemed to be
free of patent defects and in all respects in accordance with the
contract where the customer shall be bound to accept and pay for them
accordingly. If the customer gives such notice and the delivered goods
are proved to be defective, I-Bus shall at its own discretion, replace
or repair the goods free of charge and the customer shall have no
further rights to damages or otherwise against I-Bus. An extended
warranty is available, please contact an I-Bus sales representative for
details.
Waiver: These terms and
conditions govern the relationship
between the parties unless otherwise specifically agreed to in writing. The failure of I-Bus Corporation to insist
upon any of the terms and conditions stated herein shall not be
considered a
continuing waiver of any such term or condition or of any other terms
and
conditions.
Force Majeure: I-Bus Corporation
shall not be considered in
default in performance of its obligations hereunder to the extent that
performance is delayed or prevented by causes beyond the control or
without the
fault of I-Bus Corporation including causes such as acts of God,
hostilities,
strikes, fire, flood, sinking of vessels, acts of the Buyer, including
delay in
performing its obligations, or because or by reason of any law,
proclamation,
regulation or ordinance of any government or governmental agency or
other
events or occurrences beyond I-Bus Corporation’s ability to control or
without
the fault of I-Bus Corporation.
Assignment: The Buyer may not
assign these terms and
conditions without the prior written consent of I-Bus Corporation.
Successors:
These terms and conditions and the covenants
herein contained shall be binding upon and inure to the benefit of the
successors and assigns of each party.
Applicable Law: These terms and
conditions are entered into in the State of California and shall be
interpreted
in accordance with the laws of the State of California.
|