Terms of Service and Quotation of Sale
The following terms and conditions apply to all purchase orders accepted and all quotations submitted by Millimeter Wave Products Inc, hereinafter referred to as Mi-Wave.
1. Acceptance of Orders
Orders accepted by Mi-Wave are based on Buyer’s acceptance of these Terms and Conditions. Return of this acknowledgment by Mi-Wave constitutes acceptance of the Buyer’s purchase order. Acceptance by the Buyer of merchandise shipped against any purchase order acknowledges acceptance of the Terms and Conditions set forth in this document. Failure of Mi-Wave to enforce any of these provisions does not relieve the Buyer from all Terms and Conditions contained herein.
2. Payment Terms
Payment terms are net thirty (30) days FOB the Mi-Wave facility where the commitment to the shipping carrier is made. Firms not on open account will be required to prepay or accept material COD.
3. Order Cancellation
Cancellation of an order by the Buyer will be subject to payment of all costs incurred up to the date of notification of termination. The Buyer will accept all finished goods, work in progress, and direct material. Costs will be calculated using standard accounting procedures, including profit and G&A. If said termination is a result of a reduction or cancellation of a Government contract to the Buyer, the provisions of the current applicable Defense Acquisition Regulations shall apply.
4. Warranty
Mi-Wave’s warranty obligations shall be limited to, at Mi-Wave’s option, repairing, replacing, or granting a credit at the purchase order price for items returned to Mi-Wave at the Buyer’s expense within 90 days of delivery that are determined to be defective by analysis at Mi-Wave’s facility. Material that has been misapplied, mechanically or electrically overstressed, repaired, or altered in any way will not be warranted. Mi-Wave warrants that its products conform to applicable specifications and are free from defects in material or workmanship. No other warranties exist or are implied. This warranty is not transferable.
Repairs at the Buyer’s expense will only be accepted when accompanied by a purchase order issued to Mi-Wave for the estimated cost to repair. RMAs are issued only for in-warranty repairs.
5. Export Compliance
The use, disposition, export, and re-export of the property covered or included in this quote or invoice are subject to the provisions of law included in, inter alia, the Arms Export Control Act (22 USC 2751 et seq.); Export Administration Act of 1979 (50 USC App.2401 et seq.); International Traffic in Arms Regulation (22 CFR 120 et seq.); Export Administration Regulations (15 CFR 730 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.); and the Espionage Act (18 USC 793 et seq.).
If you issue a PO against this quote, please include the following information on the PO:
- End User Name & Address: (Street address required; post box numbers will result in export license rejection)
- End Use Application:
If you are not shipping directly to the End User but are shipping to another entity that will forward the material to the End User, you must provide the name and address of said entity. If there is more than one entity in the chain between you and the End User, you must provide the name and address of all entities involved.
6. Quotation Validity
Quoted prices shall be valid and firm for thirty (30) days. All prices are subject to change without notice. Prices accepted by the Buyer and acknowledged by Mi-Wave shall remain in effect throughout the term of the agreement.
7. Delays
Mi-Wave will not be responsible for delays caused by events outside of its control. Mi-Wave assumes no liability of any kind resulting from failure to meet delivery schedules.
8. Taxes
All applicable taxes will appear on invoices issued by Mi-Wave to be paid by the Buyer unless a properly executed exemption certificate is received with the purchase order or shipment and invoicing.
9. Patent Infringement
Mi-Wave agrees to indemnify the Buyer against actions brought against the Buyer for infringement of valid patents. Mi-Wave will not be a party to an action resulting from the use of its components in a collection or assembly of components that are alleged to violate a patented circuit, system, equipment, assembly, or any combination of components so described. Immediate notification of Mi-Wave regarding any action relating to patents or infringement of the same is required but must not be delayed in excess of five (5) working days. Delivery of components to the Buyer does not imply any license agreement regarding patents or disclosures held or in process by Mi-Wave. All rights under such patents remain with Mi-Wave.
10. Source Inspection
Source inspection of material or components by the Buyer or any of their designate will be quoted as a separate line item. Failure to include this line item does not relieve the Buyer from the obligation of payment for said service. Source inspection that requires witnessing of electrical tests must be preceded by mutual acceptance of a test procedure. Such test procedure, if generated by Mi-Wave, will be at the expense of the Buyer.
11. Terms Modification
Mi-Wave may change, delete, or add additional conditions without notice. Such changes will be made a part of all quotes and acceptance of purchase orders.
12. Standard Warranty Period
The standard warranty period is 12 months from the ship date.
13. Credit Card Transactions
Please note that a 4% service charge will be added to all credit card transactions.
14. USML/CCL Compliance
Unless otherwise noted, this quote may include U.S. Munitions List (USML) items or Commerce Control List (CCL) items. USML/CCL commodities are controlled by the U.S. Government and, in many cases, cannot be transferred (exported, sold, or given) to a foreign country or a non-U.S. Citizen/National (unless Permanent U.S. Resident) without a valid State/Commerce Department export or re-export authorization.
