All quotations and sales by ON Electronics, Inc. are subject to these terms and conditions.
1) Except as otherwise set forth on the front of an ON Electronic, inc. invoice or acknowledge terms of payment are credit card, COD, net 30 days from invoice date; prices are FOB San Jose and pricing do not include any taxes, freight, handling, duty or other charges, payment of which will be the sole responsibility of customer. Price are conditioned upon timely payment and any past due balance will accrue interest at the monthly rate of one and one-haft percent. Freight charges may be constructed on the basis of standard carrier tariffs and may not reflect actual transportation costs. On Electronics. Reverses the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of customer’s creditworthiness or should customer fail to fulfill any obligation when due.
2) In the absence of prior agreement as to shipping, ON Electronics may select a carrier. ON Electronics responsibility for any loss or damage ends, and title passes, when products are delivered to the carrier, to customer, or the customer’s agent, whichever occurs first and customer will pay for storage charge if ON Electronics holds products at customer’s request pending instructions or rescheduled delivery.
3) ON Electronics warrants those products against any defects caused solely by faulty assembly or customization for 30 days after delivery is received. All components utilized in any assembled or customized products are covered by, and subject to, the terms, conditions, and limitations of ON Electronics, Inc. in standard terms and conditions.
4) ON Electronics, Inc. retains a purchase money security of interest in all products sole by ON Electronics to customer, and the proceeds of any resale for such products, until the purchase price and any other charges due to ON Electronics have been paid in full. Upon any breach by customer of these terms and conditions, ON Electronics will have all rights and remedies of a secured part under applicable law, which rights and remedies will be cumulative and not exclusive. Customer is responsible for all costs and expenses incurred by ON Electronics in collecting any sums owing by customer (which may include, but all not limited to, collection agency and reasonable attorney’s fee). ON Electronic shall have the right to offset any sum owed by ON Electronics or any its subsidiary to the customer against any sum owned by customer to ON Electronics. All transactions are governed by the laws of the state of California. The parties waive any right to trail by jury.
5) Products are deemed accepted by customer unless customer notifies ON Electronics within 48 hours of delivery for product shortages, damages or defects. No return may be made for any reason without a Return Merchandize Authorization (RMA#) from ON Electronics.
6) ON Electronics will not be liable for any failure or delay in its performance or in the delivery or shipment of products, or for any damages suffered by customer by reason such failure or delay, when such failure or delay is caused by, or arises in connection with, any fire, flood, accident, riot, earthquake, server weather, war, governmental interference or embargo, strike, shortage of labor, fuel, power, materials or supplies, delay in delivery to ON Electronics suppliers or any other cause or causes beyond ON Electronics control. ON Electronics reserves the right to cancel without liability any order, the shipment of which is or may be delayed for more than 30 days by reason of any such cause. ON Electronics reserve the right to allocate in its sole discretion among customers or potential customers, or defer or delay the shipment of, any product which is in short supply.
7) Customer, by accepting any products, making any payments or ordering any products having previously received these terms and conditions, will be deemed to have assented to these term and conditions, notwithstanding and terms contained in any prior or later communication from the customer and whether or not ON Electronics will specifically or expressly object to any of ON Electronics terms and conditions.
8) ON Electronics may assign account receivable to any of collection agency as its pleased. In order to defray the cost of customer account administration, any credit balance or other sum owed to customer which its remains unclaimed by customer for a period of 10 months will be property of ON Electronics.
9) No order or customer obligation may be cancelled, rescheduled, reconfigured, or assigned without ON Electronics prior written authorization and, in such event, customer will be liable to ON Electronics for any additional costs and expenses incurred by ON Electronics. Price are subject to change without any notice in response to supplier price increase or if a price has been quoted in error, whereupon, customer may cancel the undelivered portion of any affected order by delivering written notice to ON Electronics prior to the shipment thereof within 48 hours receipt of notice of the price increase.