MASS DESIGN INC. - TERMS AND CONDITIONS OF SALES
This agreement relates to an offer by Mass Design Inc. (Seller) to the Customer (Buyer). If the Buyer issues a Purchase Order or other contract in response to the Seller’s offer, then each such offer constitutes the Buyer’s acceptance of the Seller’s offer and of these Terms and Conditions to the exclusion of any provisions of the Buyer’s offer.
2. Prices and Terms of Payment.
Seller will furnish a quote for all products and services provided. Price changes or revisions in lead times must be confirmed in writing by the Seller either through email or a revised quote. Any quote issued by the Seller is valid only within 30 days of the quotation date, unless otherwise specified on the quote. All new accounts are subject to credit approval by Seller. Standard payment terms given by the Seller are 1/10 Net 30. Overdue payments may be subject to late charges at the discretion of the Seller.
If the Buyer determines a need to cancel a job it must be agreed upon to do so by both parties. The Buyer shall be responsible for all costs incurred in the processing of the canceled job, including material and labor, not to exceed the confirmed sale price. All cancellation requests must be sent to Seller in writing. The Seller shall be entitled to suspend any delivery if payment is overdue or withdrawn.
Unless otherwise agreed upon by the Seller and Buyer all products shall be delivered F.O.B. Seller. Shipping charges are the responsibility of the Buyer. Seller shall make every attempt to use the preferred shipping method defined by the Buyer but should that method not be available on the day of shipment Seller shall seek an alternate freight carrier with shipping charges passed on to the Buyer. Risk of damage becomes the responsibility of the Buyer once the product has departed Seller.
5. Force Majeure
Both Seller and the Buyer shall be free of any liabilities or obligations should an extraordinary event or circumstance beyond the control of the parties, such as war, strike, riot, crime, or an event described by the legal term Act of God such as a hurricane, flood, earthquake, etc, prevents one or both parties from fulfilling their obligations under the contract. In the event of a delay in delivery due to any such circumstances the date of delivery shall be postponed for such duration as may reasonably be necessary to take into account such delay.
The Buyer shall pay for the tooling costs 100% upon delivery of the approved parts unless otherwise specified in the quote. The Seller retains ownership and proprietary rights of the complete tooling package unless otherwise specified in the quote.
In the event of a nonconforming printed circuit board, fabricated or assembled, the Buyer shall notify Seller of the problem in writing and request a Return Material Authorization number, RMA #. If Seller determines the product should be returned for evaluation, an RMA # shall be passed on to the Buyer. Should the returned product be determined by Seller to be nonconforming, the Buyer shall be notified and product shall be reworked to the Buyer’s specifications or replaced, at the Seller’s discretion. Should the board be within the agreed upon specifications, the board will be returned to the Buyer at the Buyer’s expense.
Seller warrants its Electrically Tested bare board against defects in material or workmanship for a period of one year from the date of shipment. Should a claim be received from the Buyer during that six months period it shall go through the RMA process and be re-evaluated by the Seller. Should it be determined to be defective the board shall either be repaired, if possible, or replaced. Seller shall not accept liability for any cost in addition to the value of the bare board.
Seller warrants its assembled boards against defects in material or workmanship for a period of six months from the date of shipment. If components were procured by Seller the manufacturer’s warrantee will apply. Should it be determined to be defective the board shall either be repaired, if possible, or replaced. Seller shall work with Buyer and Manufacturer to determine the reason for any component failures.
9. Governing Law
New Hampshire law governs the rights and obligations of the Buyer and Seller without giving effect to the principles of conflicts of law. Any lawsuit between Buyer and Seller shall be filed exclusively in New Hampshire.