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This document is between the customer and PCBWING.COM. These terms and conditions apply exclusively to the supply of printed circuit boards to customers design.
This contract shall be governed by the laws of China. PCBWING.COM and the Customer agree to submit to the exclusive jurisdiction of the Chinese courts.
| 3. Limit of Liability
At all times and in all circumstances PCBWING.COM's liability shall be limited to the cost of the goods ordered by customer as defined by the order acknowledgement supplied by PCBWING.COM to the customer.
PCBWING.COM's sole obligation and liability for product defects shall be, at PCBWING.COM's option, to replace such defective product or refund to customer the amount paid by customer therefore.
Customer undertakes that customer is the owner of the intellectual property of designs provided to PCBWING.COM for the purposes of manufacturer or that customer is entitled to use any intellectual property contained in designs supplied to PCBWING.COM. Customer indemnifies PCBWING.COM from any claim for intellectual property infringement arising from PCBWING.COM manufacturing products based on the designs provided by customer.
|4. Intellectual property
PCBWING.COM undertakes to use designs supplied by customer only for the purpose of manufacturing products ordered by customer, or to use as material evidence of improper design in the event of dispute arising from alleged quality defects arising from manufactured products PCBWING.COM has supplied to customer or goods that have been partly manufactured but cannot be completed as a result of defects in the information supplied.
|5. Quotes/Prices For online auto-quote pricing we make all efforts to offer accurate but reserve the right to change the prices without notice. Online auto-quote prices may offer in different currency with a fix exchange rate in a period, we reserve the right to change the exchange rate without notice PCBWING.COM have the right to refuse any orders with incorrect prices. PCBWING.COM will inform you when refuse the orders with error prices|
PCBWING.COM guarantees the quality of goods it supplies to be of merchantable quality taking into account its published requirements and design rules standards. This guarantee is subject to the limit of liability as defined PCBWING.COM MAKES NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE AND ANY SUCH WARRANTIES OR OTHER OBLIGATIONS AS TO THE DESCRIPTION, PERFORMANCE, CONDITION OR QUALITY OF THE GOODS SUPPLIED OR AS TO THEIR FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED.
Unless within 10 days of the date of the delivery of the Goods, the Customer notifies PCBWING.COM, in Writing, of any alleged defect, non-conformity, shortage or non-delivery to PCBWING.COM the Customer shall be deemed to have accepted the goods delivered as conforming to the contract and the Customer shall be bound to pay the price.
Any claim by the Customer in respect of any alleged defect in materials or workmanship shall be subject to the following:
(a) any such claim shall be made in writing and delivered to PCBWING.COM within 14 days of any alleged defect becoming apparent to the Customer, the Customer agreeing that PCBWING.COM will be under no liability in respect of any such alleged defect unless such notification is given to PCBWING.COM.
(b) in the event of the Customer notifying PCBWING.COM in Writing of an alleged defect in the materials or workmanship in the Goods, PCBWING.COM will then, at its option, either inspect the Goods at the Customer's premises or require the Customer to return the Goods at the Customer's expense.
(c) in the event that the Goods in question are found by PCBWING.COM, upon examination, not to be defective, the Customer agrees to pay to PCBWING.COM all costs reasonably incurred by PCBWING.COM in examining, handling and storing the Goods and that PCBWING.COM shall be entitled to retain all Goods returned to it as security for such costs.
(d) in the event of the Goods being found by PCBWING.COM to be defective either in materials or workmanship,
(i) at its option, repair or replace the defective Goods or reimburse to the Customer the original purchase price of the Goods; and
(ii) reimburse to the Customer all reasonable costs incurred by the Customer (if any) in returning the Goods to PCBWING.COM for examination
(iii) Save as aforesaid, PCBWING.COM shall not be liable to the Customer for any loss or damage of whatsoever nature arising from or as a result of any defect in the Goods supplied by PCBWING.COM or any statement made by or on behalf of PCBWING.COM with respect to such Goods, whether such loss or damage is sustained by PCBWING.COM or any third party.
(iv) PCBWING.COM shall not, in any event, be liable for any loss or damage, direct or indirect, caused by any misuse, negligence or any party other than PCBWING.COM, faulty installation by any party other than PCBWING.COM, failure to comply with PCBWING.COM's recommendations and instructions, corrosion, abrasion, accidents or by use with equipment or other materials incompatible with the Goods.
|7. PCBWING.COM shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of PCBWING.COM's obligations in relation to the Goods, if the delay or failure was due to any cause beyond PCBWING.COM's reasonable control.|
|8. Right to assign
PCBWING.COM reserves the right at any time to assign the rights and/or obligations under this agreement to any company, firm or person whatsoever, provided that such assignment will not serve to vary the customers rights under this agreement.
PCBWING.COM reserves the right to refute its obligations under an order placed by customer at its sole discretion. PCBWING.COM will not use this right unreasonably. If the reason PCBWING.COM refutes its obligations is a failure of customer to comply with its obligations, PCBWING.COM shall not be required to make a refund. Otherwise, PCBWING.COM shall make a refund to customer of any monies paid.
Customer shall not be entitled to cancel an order placed on PCBWING.COM.
Payment is due from customer to PCBWING.COM before an order is deemed to have been placed.
All amounts due from the Customer to PCBWING.COM shall be paid in full without any deduction or set-off.
|11. Delivery Timescales
PCBWING.COM will provide a reasonable estimate of the delivery date to customer when PCBWING.COM provides an Order Acknowledgement. PCBWING.COM shall take reasonable steps to meet the delivery estimate, however circumstances beyond the control of PCBWING.COM can cause additional unexpected delays. Customer shall not be entitled to cancel or change the terms of its Purchase Order arising from such delays unless such delays are caused by negligence of PCBWING.COM.
|PCBWING and PCBWING.COM and PCBWING logo is trademark of PCBWING.COM
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