HOME OF HIGH POWER AND HIGH BRIGHTNESS
Home> Terms of sale
General Terms and Condition |
||||
|
Price
Diode Warranty
Force Majeure
Quotations Limitations of Warranty Choice of Law Terms of Payment Conditions of Warranty Standard Terms to Govern Returns and Cancellations Limitation of Liability Responsibilities of the Buyer 1. Price All prices listed are in U.S. dollars, F.O.B. shipping point U.S.A. factory, unless otherwise agreed. Price and product information in this price list was current at the time the Price List was approved for pricing. In a continuing effort to provide the finest equipment available, Optton, Co Incorporated, hereinafter referred to as Optton or Supplier, reserves the right to change specifications, models, or prices without liability for such changes. Where price or specifications prevailing at time of acceptance of your order will apply. 2. Qutotations Upon request, Optton will provide written quotations. Such quotations or Pro-Forma Invoices on an F.O.B., F.A.S., C. &F, or C.I.F. basis are available upon request from our main office at 770 Yishan Road, Shanghai, China. All quotations are valid for 60 days from the date issued, unless otherwise specified on the quotation. 3. Terms of Payment All sales are subject to credit approval. Normal payment terms are net thirty (30) days from the date of shipment. Optton reserves the right to require alternative payment terms. 4. Returns and Cancellations Return of Merchandise: Discrepancies should be reported within five (5) business days, after the receipt of goods. Customer must pay for order in full before a Return Materials Authorization (RMA) number is given for a return. No returns will be accepted unless a return material authorization (RMA) number has been issued by Optton. Product refund charge: 50% invoice price for return within 5 days after receipt of goods, refund charge 100% invoice price for return after 5 days after receipt goods. Cancellations: Any order for standard products in this price list accepted by Optton and cancelled by the customer prior to shipment shall be subject to a fifteen percent (15%) of the order value to cover costs of processing and order handling; cancellation thereof within thirty (30) days after shipment shall be subject to a cancellation and restock charge of (50%) of the order value for the products which have not been installed. No other orders may be cancelled except by mutual agreement in writing. No order for non-standard products may be cancelled by a customer except by mutual agreement in writing. At least 70% cancellation fee will be charged once the order is in production. 5. Responsibilities of the Buyer The buyer is responsible for providing appropriate utilities and an operating environment as outlined in the product literature and/or pre-installation manual. Damage to the laser or laser systems caused by failure of buyer's utilities or failure to maintain an appropriate operating environment is solely the responsibility of the buyer and is specifically excluded from any warranty, warranty extension, or service agreement. The buyer is responsible for prompt notification to Optton of any claims made under warranty. In no event will Optton be responsible for warranty claims made later than Three (3) days after expiration of warranty. |
||||
6. Diode Warranty Optton warrants that the diode lasers conform to Optton's published specifications and are free from defects in materials and workmanship for a period of 12 months. 7. Limitations of Warranty The foregoing warranty shall not apply to defects resulting from:
Optton assumes no liability for customer-supplied material. The obligations of Optton are limited to repairing or replacing, without charge, equipment, which proves t be defective during the warranty period. Repaired or replaced parts are warranted for the duration of the original warranty period only. Our warranty does not cover damages due to misuse, negligence or accidents, or damages due to installation, repairs or adjustments nor specifically authorized by Optton. Warranty applies only to the original purchaser at the initial installation point in the country of purchase, unless otherwise specified in the sales contract. Warranty is transferable to another location or to another customer only by special agreement. Optton disclaims any responsibility to provide warranty, technical, or service support to a customer that acquires products from someone other than Optton or an authorized representative. THIS WARRANTY IS EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, OR IMPLIED AND DOES NOT COVER INCIDENTAL OR CONSEQUENTIAL LOSS. OPTTON SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. Conditions of Warranty On-site warranty services are provided only at the installation point within North America. If products eligible for on-site warranty and installation services are moved from the original installation point, the warranty will remain in effect only if the buyer purchases additional inspection or installation services at the new site. No warranty coverage is provided for systems outside North America unless purchaser pays Apollo International prices. For warranty services outside North America requiring return of any product to Optton, the products must be returned to a service facility designated by Apollo. Buyer shall prepay shipping charges and shall pay any taxes and duties for products returned to Optton for warranty service. Optton shall pay for return of all products to buyer, expect where buyer is located in a country different from that of an Apollo service center. All laser parts replaced under warranty shall become the property of Optton and must be returned to Optton, Inc. 55 Peters Canyon Road, Irvine, CA 92614 USA, or to a facility designated by Optton. 9. Limitation of Liability OPTTON'S LIABILITY UNDER THIS AGREEMENT AND/OR SALE IS LIMITED TO REPAIR OR REPLACEMENT OR ANY DEFECTIVE PRODUCTS OR REFUND OF THE PURCHASE PRICE, AT OPTTON'S SOLE OPTION. IN NO EVENT SHALL OPTTON BE LIABLE FOR COSTS OF PROCUREMENT OF SUBMITTED PRODUCTS BY BUYER, NOR WILL APOLLO BE LIABLE FOR ANY OTHER DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER OR NOT OPTTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR OTHERWISE. 10. Force Majeure Optton shall not be liable for delays in manufacturing or delivery resulting from any circumstances beyond Optton's reasonable control. Upon the happening of any circumstances, Optton shall notify the Buyer without delay and any relief granted to Optton shall be limited to an extension of delivery dates or times of performance to the extent caused thereby. 11. Choice of Law The performance and interpretation of any order, purchase order or order acknowledgement related to the purchase of Optton's products shall be governed by the laws of the State of California except its rules in regard to conflict of laws. 12. Standard Terms to Govern To the extent not in conflict with the terms and conditions contained herein, Optton's standard terms and conditions of sale shall apply to any sale of Optton products to Buyer. Conflicting terms and conditions contained in Buyer's purchase order shall be disregarded. 销售条款 1. 价格 销售价格货币种类以签署合同为准。除非有特殊安排产品将按FOB条款由纽敦光电出厂，不含运费。在不断产品改进的过程中，纽敦光电科技（上海）有限公司（下称纽敦公司或SUPPLIER）保留修改产品指标，型号和价格的权利。 2.报价 在客户要求下，纽敦光电将提供报价文件或合同。付款条件按商定以 F.O.B., F.A.S., C. &F, 或 C.I.F.。除非有特别约定，所有报价有效期为60天。 3. 付款条件 所有销售均需财务部门对客户信用进行核准。具有优良信用的客户可获得30天的付款账期。除非有特殊安排，一般均需款到发货。 4. 退货和取消 产品发出后需要退货时，客户应在货物到达后5工作日内通知纽敦光电。客户需付清货款后方可取得返修号。纽敦光电可不接受没有返修号运达纽敦光电的货物。 对定制产品，在5天内退回纽敦光电将收取50%的发票额度，5天后将收取发票数额的100%。 取消: 所有订单在生产开始后如果需要取消，纽敦光电将收取15%的订单数额作为补偿金。产品完成后发生的取消将收取30%至50%的补偿金。取消合同需在双方同意的条件下进行。除非有特别安排，客户对定制型激光器不可进行取消。纽敦光电可由于客户取消订单而用所支付的定金作为补偿。 5. 买方的责任 购买方有责任提供合适的电水等条件以及合适的工作环境以保证激光正常运作。 由于购买方不能满足以上所述条件而造成的激光器或激光系统损坏不在保修范围内，将不能得到保修。购买方如果需要对产品进行保修必须在保修期内尽快通知纽敦光电。 6. 半导体激光保修 除了特别列出，纽敦光电将对其半导体激光产品的制造或材料缺陷提供1年的质量保证。 7. 保修范围 上述保修将不包括以下情况： 由其他厂商提供的零件和配件所产生的问题（需按其他厂商的保修条款进行）； 用户不当操作和不当维护产生的问题 由用户自己安装的控制系统引起的超出激光正常运转条件产生的问题 未经许可进行改装产生的问题 纽敦光电对用户所自己提供的材料和设备不负任何责任。在保修范围内，纽敦光电的义务仅限于设备和器件的免费修理和更换。修理和更换的零件的保修期仅限于原有产品的保修期。本保修不涵盖由于不当使用，疏忽，事故，不当安装，以及未经纽敦光电允许进行的修理及调整所造成的损坏 除非在销售合同中另定，保修条款仅适用于在原始安装点以及原始的采购者。 将保修转移到新安装点及新的用户需要经过特别安排。纽敦光电不对客户从纽敦光电许可的渠道取得的纽敦光电产品提供保修服务。 本保修条款超越任何其他无论文字或口头的保修条款。本保修不对保修范围不包含因滥用、异常操作状况或非合格人员维修及更改引 起的故障，纽敦光电无力管理客户误用引起设备出现 的性能不稳定性等。除纽敦光电明文规定的保修条款，客户不得 就所有保修、隐含或相关法规内容以外的条款提出保修或索赔，也 就是说，纽敦光电不 负责购置使用产品等引起的其他任何连带责任。 8. 保修条件 中国购买的产品现场保修服务将仅限于在中国国内的安装点。如果产品符合现场质保服务范围，如果产品已经从原始安装点进行了安装改变，保修仍然有效，但购买方必须支付新安装点的检查和安装费用。 对中国之外的产品保修服务，产品必须运到纽敦光电指定的地点。用户必须预支运输费用以及关税等费用 纽敦光电将支付产品返还用户的费用，除非修复点不是同一个国家。 9. Limitation of Liability SUPLLIER‘S LIABILITY UNDER THIS AGREEMENT AND/OR SALE IS LIMITED TO REPAIR OR REPLACEMENT OR ANY DEFECTIVE PRODUCTS OR REFUND OF THE PURCHASE PRICE, AT SUPPLIER'S SOLE OPTION. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBMITTED PRODUCTS BY BUYER, NOR WILL SUPPLIER BE LIABLE FOR ANY OTHER DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER OR NOT SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR OTHERWISE. 10. 不可抗力 The supplier shall not be liable for delays in manufacturing or delivery resulting from any circumstances beyond supplier’s reasonable control. Upon the happening of any circumstances, supplier shall notify the Buyer without delay and any relief granted to supplier shall be limited to an extension of delivery dates or times of performance to the extent caused thereby. 11. 标准条款 在以上各项条件范围内，以上条款适用于纽敦光电所有的销售。购买方在采购合同中自列的条款将不被采纳。 |
||||
