General Sales Conditions US

TERMS AND CONDITIONS

 

Product Ordering

We accept orders by mail, phone, fax, or e-mail. Please provide a Purchase Order number and specify the OptoSigma product numbers required as well as full details of any special requirements. If you send a confirmation of your telephone or e-mailed order, please make sure that it dearly states: "CONFIRMING ORDER." Changes to existing orders must be submitted in writing and may be subject to price and delivery modifications.Orders are not accepted until OptoSigma (Seller) provides a digital or hard copy confirmation.

 

Quotations

Quotations for non-standard catalog items or special quantities and deliveries are in effect for 30days after the date issued unless other agreements are made. Prices quoted are based on terms and specifications as stated in the OptoSigma quote. Requested deviations to terms and specifications are subject to revised pricing and delivery.

 

Prices

Prices for the United States are listed on OptoSigma’s website. We reserve the right to change them without notice. For orders shipped outside the U.S. it is possible for pricing to be 10% above the website price. Prices quoted are normally held for 30 days. Quotations do not include any Federal, State or local taxes, assessments or duties. OptoSigma only collects sales tax within the state of California. If a California order is stated to be tax exempt, customer must provide OptoSigma with a valid tax-exempt certificate. Orders that are taxable outside of California are the responsibility of the customer to pay taxes to their respective City, County and or State governments.

 

Method of Shipment

Goods are typically sold EXWORKS origin or FOB Santa Ana, California. Title passes to the customer on shipment. Customers are responsiblefor outgoing freight charges. In the event of FOB Destination, insurance may be required by OptoSigma and paid by the customer. We normally ship to US customers by surface transportation. Shipping and handling charges are prepaid and added to your invoice. Otherwise, we may also utilize our customers’ shipping account numbers for UPS and or Federal Express only. Ground shipping is our default unless noted otherwise on customers purchase order. Allow 2-4 days for in-stock delivery. We will expedite the shipment method with an increased charge upon yourrequest.

 

Terms of Payment

Unless otherwise specified by OptoSigma, Net-30 terms are offered to US customers subject to credit approval. Alternatively, we will accept credit card payment or wire transfers. Export orders must be fully prepaid in US currency, by credit card, or by letter of credit issued by a US bank. For past due amounts, buyer shall pay sellers reasonable attorney fees for efforts to collect past due amounts. Any dispute pertaining to a sales order shall be brought to a California court exclusively and governed by California law.

 

Delivery Time

We provide an estimate of the delivery time and do everything in our power to meet our committed shipping dates. However, we cannot be held responsible for any delays in transportation, nor any consequential damage caused by late delivery. Our ability to meet scheduled delivery dates may also be affected by material availability and shop load at the time of order.

 

Product Specifications

The specifications provided on our website and or in our literature, and quotations are intended to be accurate. However, we reserve the right to change specifications if necessary and we make no claim about the suitability of our products for any particular intended purpose.

 

Warranties and Returns

Returns: We want you to be satisfied with the quality of our products and therefore offer a 30- day return policy on standard catalog products of incidental quantities. If you wish to return such product within 30 days of date of invoice, you must contact OptoSigma for an RMA (Return Merchandise Authorization) number and the item(s) must be returned within 10-days. In order to receive full credit, the product must be unused and in its original packaging. The RMA number should be clearly written on the outside shipping box. After 30 days these products will be accepted for repair or replacement only if they are found to be defective. Any product received that appears to be used and or damaged will not be accepted. A 20% restocking charge will be applied for products accepted beyond the 30-day period, at the discretion of OptoSigma Corporation. Shipping charges will not be refunded and will be at the customers expense. Specific products such as motorized stages/systems, objective lenses, optical tables and systems are not valid for the 30-day return policy.

Warranties: All products are warranted to be free from defects for one year after date of invoice. We will repair or replace products that fail or malfunction during the warranty period, provided that the products are used under normal conditions. OptoSigma shall not be liable to the customer or any third party for indirect, incidental, or consequential damages related to the sale or use of its product.

 

Cancellations

Orders for high quantity standard items may incur a cancellation charge if the product is specifically manufactured for the subject order. Orders for catalog products of incidental quantities, may be cancelled by notifying OptoSigma in writing. Orders of special and or custom products are non-cancellable and non-returnable.

 

U.S. Import/Export Control

Buyer hereby represents that neither Buyer nor any parent, subsidiary or affiliate of Buyer is included on any of the restricted party lists maintained by the U.S. Government, including, but not limited to the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (BIS), or the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls (collectively, “Restricted Party Lists”). Buyer shall immediately notify the Seller if Buyer, or any parent, subsidiary or affiliate of Buyer becomes listed on any Restricted Party List or if Buyer’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency.Seller shall control the disclosure of and access to technical data, information and other items to be delivered under this Sales Order and Buyer acknowledges that certain U.S. export control laws and regulations may apply to the performance of this Sales Order, including but not limited to the International Traffic in Arms Regulations (ITAR) (22 CFR 120, et seq.), the Export Administration Regulations (EAR) (15 CFR 730-774), and regulations of the Bureau of Alcohol, Tobacco, and Firearms (BATF) (27 CFR 447, et seq.) (collectively, the “Export Control Laws”). Buyer shall at all times comply with all applicable Export Control Laws. If required by Seller, Buyer must state via export restriction and end use/user declarations, end use, end user as well as jurisdiction of export control.Information furnished to Buyer under this Sales Order may contain technical data, as defined in the ITAR Part 120.10 (22 CFR 120.10). Buyer shall not export, disclose, or transfer any such technical data, relating to export controlled items appearing on the U.S. Munitions List (USML) in the ITAR Part 121 (22 CFR 121), to any foreign person (whether in the United States or abroad), as defined in the ITAR Part 120.16 (22 CFR 120.16), without first complying with all relevant requirements of ITAR Parts 120-130 (22 CFR 120-130). This includes, but is not limited to the requirement for obtaining any written export authorization from the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), or otherwise making and documenting the determination that an ITAR licensing exception or exemption applies, as the case may be. A downloadable copy of the ITAR is accessible at the DDTC website at www.pmddtc.state.gov.Information furnished to Buyer under this Sales Order may contain technical data, as defined in the EAR Part 772 (15 CFR 772) relating to export controlled items appearing on the Commerce Control List (CCL) in the EAR Part 774 (15 CFR 774). Buyer shall not export out of the U.S. or to a foreign national in the U.S., as defined in the EAR Part 772 (15 CFR 772), any such technical data without complying with all relevant requirements of the EAR Parts 730-774 (15 CFR 730-774), including the requirement to obtain any written export authorization from the U.S. Commerce Department, Bureau of Industry and Security (BIS), or to otherwise make and document the determination that a licensing exception or exemption applies, as the case may be. A downloadable copy of the EAR is accessible at the BIS website at https://www.bis.doc.gov/. Buyer shall not export out of the U.S., re-export from one foreign country to another foreign country or to a foreign national outside the U.S. any commodities, technology or software (as defined in the EAR Part 772 (15 CFR 772)) without complying with all relevant requirements of the EAR Parts 730-774 (15 CFR 730-774), including the requirement to obtain any written export authorization from BIS, or to otherwise make and document the determination that a licensing exception applies, as the case may be.If performance under this Sales Order requires the Buyer to export out of the U.S. machineguns, destructive devices, explosives, and certain other firearms, as defined in 27 CFR Part 479, Subpart B, Buyer shall not export such items out of the U.S. without an approved export permit issued by BATF pursuant to 27 CFR Part 478, Subpart K and 27 CFR Part 479, Subpart H. Buyer shall also obtain all necessary export licenses issued by the DDTC regarding such exports, if applicable.Notwithstanding anything to the contrary in the foregoing paragraphs, Buyer represents that it has obtained all registrations and licenses necessary to perform this sales transaction. Buyer shall not transfer any export controlled item, technical data, technology, or service, unless the Buyer is registered with appropriate U.S. authorities and obtains all required export licenses, license exceptions, or license exemptions, as applicable

 

Indemnification

Buyer hereby indemnifies Seller and shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of Buyer, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under the foregoing paragraphs.