Terms and Conditions of Sale
These Terms and Conditions were last modified on 07 March 2025
1. Scope and Modifications
These terms and conditions (the “Agreement”) govern all sales of products and services (collectively, “Products”) by the seller (“we,” “us,” “our”) to the purchaser (“you,” “buyer”). By placing an order or accepting delivery, you agree to be bound by these terms. We reserve the right to update this Agreement at our discretion by posting revisions. However, terms in effect at the time of an order will apply to that specific purchase.
2. Order Acceptance
Receiving an order confirmation does not signify our acceptance of your order.
- We may limit order quantities or decline service without prior notice.
- Orders are subject to verification and approval before acceptance.
- For stocked items, an order is considered accepted upon fulfillment. For custom or processed items, acceptance occurs when production-related activities commence.
3. Order Cancellation
- Orders that have been processed cannot be canceled.
- Custom, special, or made-to-order Products are non-cancelable and non-refundable (“NC/NR”).
- If an order is withdrawn, reasonable cancellation fees, including incurred costs, apply.
- Rescheduling of orders is subject to our approval.
4. Pricing
- Orders are billed based on the pricing effective at the time of shipment.
- Prices are as quoted on our website or proposals and remain valid for 30 days unless stated otherwise.
- Pricing is subject to change without notice.
- Prices exclude taxes, duties, and additional fees.
4. Pricing
- Orders are billed based on the pricing effective at the time of shipment.
- Prices are as quoted on our website or proposals and remain valid for 30 days unless stated otherwise.
- Pricing is subject to change without notice.
- Prices exclude taxes, duties, and additional fees.
5. Payment Terms
- Payments must be made in U.S. dollars.
- We accept major credit cards and bank transfers. Credit terms (e.g., Net 30) are subject to approval.
- International transactions may require prepaid wire transfers.
- We may reassess credit terms based on buyer’s financial standing.
- Late payments may incur interest and collection costs.
6. Taxes and Duties
- Buyers are responsible for applicable taxes unless a valid exemption certificate is provided.
- International buyers are responsible for duties, import fees, and other related charges.
7. Shipping Costs
Shipping charges and insurance costs are the buyer’s responsibility and will be added to the invoice unless otherwise stated.
8. Delivery and Risk of Loss
- Products are shipped under Incoterms 2021 – FCA Shipping Point.
- Estimated delivery dates are not guaranteed.
- We may deliver orders in installments.
- If delivery is delayed due to buyer’s actions, additional storage and transport costs may apply.
9. Warranty
- We warrant that our branded products are free from defects in materials and workmanship for one year from the delivery date unless otherwise specified.
- Third-party products carry only the manufacturer’s warranty.
- This warranty does not cover improper use, unauthorized modifications, environmental damage, or normal wear and tear.
- Our sole liability is to repair, replace, or refund defective products at our discretion.
10. Returns
- Buyers must obtain a Return Material Authorization (RMA) before returning products.
- Standard stocked products may be returned within 30 days, subject to restocking fees.
- Custom and NC/NR products are not eligible for return.
- Defective products must be reported promptly.
11. Order Discrepancies
- Any shortages, incorrect items, or invoice errors must be reported within 10 business days of receipt.
- Claims for undelivered shipments must be submitted within 10 business days of invoice receipt.
12. Limitation of Liability and Indemnification
Liability Disclaimer: Seller is not liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Seller’s total liability shall not exceed the purchase price paid by buyer for the affected products.
Indemnification: Buyer agrees to indemnify and hold harmless seller from any third-party claims, damages, or expenses arising from buyer’s specifications, use, or resale of products.
13. Export Compliance
- Buyer must comply with all Taiwan export control laws and regulations.
- Products may not be resold or transferred to restricted countries or persons.
- Buyer is responsible for obtaining necessary export licenses.
14. Governing Law; Venue
- This Agreement is governed by the laws of the Taiwan
- Any disputes will be resolved in courts located in Taiwan.
15. Legal Notices
Legal notices must be sent in writing via registered or certified mail to the seller’s business address.
16. Intellectual Property
- No transfer of intellectual property rights is granted.
- Seller retains all proprietary rights in product descriptions, logos, and other materials.
- Trademarks may not be used without permission.
17. Software
- Software provided is licensed, not sold, and remains seller’s property.
- Buyer may not reverse engineer or distribute the software.
18. Confidential Information
Buyer must protect confidential information obtained from seller and not disclose it to third parties.
19. Tolerances
Standard tolerances as specified in seller’s documentation apply unless otherwise agreed.
20. Product Line Changes
Seller may modify or discontinue products at any time without prior notice.
21. FCC Compliance
Buyers using products within the U.S. must comply with FCC regulations.
22. Assignment
Buyer may not assign this Agreement without seller’s written consent.
23. Relationship
This Agreement does not create a partnership or joint venture between the parties.
24. Waiver
A waiver of any breach does not constitute a waiver of future breaches.
25. Severability
If any provision is deemed invalid, the remaining terms will continue in effect.
26. Liens and Title
If any provision is deemed invalid, the remaining terms will continue in effect.
Seller retains a security interest in products until full payment is received.
If buyer fails to pay, seller may repossess products.
27. Storage Fees
Storage fees apply if repaired products are not collected within five days of notification.
28. Force Majeure
Seller is not liable for delays caused by unforeseen circumstances beyond its control, including but not limited to natural disasters, strikes, or government actions.
29. Entire Agreement; Survival
- This Agreement constitutes the entire understanding between the parties.
- Certain provisions, including warranty, indemnity, and confidentiality, survive termination of this Agreement.