CAGE Code: 3B5Z9
Net 30 days from date of invoice based on confirmation of credit
information. To the payment by wire transfers under $ 3,000.00,
a $25.00 Bank fee will be assessed. For wire transfers over
$ 3,000.00, there is no bank fee charged. This fee is not refundable.
If credit is not established by Nextec Microwave & RF, shipments
will be made C.O.D. (Cash On Delivery) or prepaid. Currently
we do not accept credit cards.
Prices in the quotation are domestic FOB Santa Clara, California.
If there is no specific instruction in the Purchase Order, the
shipment will be made through UPS GROUND (UPS Expedited for
Foreign Countries) with insurance. The
cost and insurance fee will be charged to the customer.
EXPORT REGULATION COMPLIANCE
Export and/or re-export of ordered products may require appropriate export
license authorization from the U.S. Government. Customer shall be responsible, at
its own risk and expense, for obtaining any required authorization, such as an
import/export license, foreign exchange permit or any other official governmental
authorization, even though any such authorization may, at Buyer's request, be
applied for by Nextec Microwave & RF. Customer acknowledges and agrees to comply with all
applicable restrictions on exports and re-exports, including obtaining any
required U.S. Government license, authorization, or approval.
Customer represents that it either is knowledgeable about U.S. Government export
and re-export requirements or that it will become so prior to engaging, directly or
indirectly, in any export or re-export transaction involving Sellerís products or
Products in accordance with the Export Administration Regulations of the
Department of Commerce. If applicable, Customer will be responsible for assuring
that the appropriate import permits and licenses with respect to the Products,
including any markings needed for import are obtained. Customer shall indemnify
and hold Nextec Microwave & RF harmless against any claims, damages or losses
incurred as a result of Customer's failure to comply with the Act or terms
contained herein. Nextec Microwave & RF reserves the right to terminate any
sale if Customer fails to comply with the Act or the terms contained herein.
DELIVERY AND PAYMENT
Nextec Microwave & RF shall have no responsibility for delayed delivery
or non-delivery resulting from (1) any governmental action under U.S. or other
applicable law suspending or revoking a necessary export license or authorization,
or (2) any failure by Customer to furnish reasonable assurance, upon request, of
its compliance with applicable export requirements, and Customer shall not be
relieved of its obligations to pay Nextec Microwave & RF for Orders accepted.
All sales under these terms and conditions shall at all times be subject to the
export control and foreign assets control laws and regulations
of the United States Government, as amended. Customer agrees that it shall make
no other disposition, except as expressly permitted under United States Law,
of any products purchased from Customer other than to the country of destination
specified on Customer's order.
Each product manufactured by Nextec Microwave & RF is
warranted to conform to Nextec Microwave & RF's applicable
specifications on the date on shipment. The warranty period
is twelve (12) months after the date of shipment (the date
on the delivery note), unless another period is specified.
The warranty does not extend to damages due to improper
installation, improper maintenance, abuse, accident,
negligence, alteration, misuse or the like. The warranty is
not covered to INCOMING FREIGHT to Nextec Microwave
& RF. Outgoing freight is covered under warranty to
where the original purchase was placed.
Under the limited warranty, Nextec Microwave & RF
repairs or replaces any products which Nextec Microwave & RF
determines to be defective. This is the sole and exclusive
remedy. If Nextec Microwave & RF determines that repair or
replacement fails its essential purpose, the purchaser will,
at its option, be entitled to a refund of the purchase price
for the products in question or a credit therefor.
LIMITATION OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THERE ARE NO OTHER
WARRANTIES HEREUNDER, WHETHER EXPRESSED OR IMPLIED, ARISING
BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTIES ARISING UNDER COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL NEXTEC MICROWAVE & RF BE LIABLE
FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES, OR LOST PROFITS, EXPENSES OR LOSES ARISING OUT OF OR
RELATED TO THE SALE OR USE OF ANY OF ITS PRODUCTS REGARDLESS OF
WHETHER THE LIABILITY RESULTED FROM ANY GENERAL OR PARTICULAR
REQUIREMENT OR NEED WHICH NEXTEC MICROWAVE & RF KNEW OR SHOULD
HAVE KNOWN OF.