Terms And Conditions
SALE OF PRODUCTS TERMS AND CONDITIONS:
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Inland Empire Components, Inc. ("IEC") to IEC's customers ("Customers").
1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance in writing by IEC or a duly authorized agent of IEC. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by IEC may be cancelled by Customer upon written consent of IEC provided such order is not "NC/NR" or "Non-Cancelable/Non-Returnable", "Non-Standard Products" or governed by a Purchase Agreement Letter. Non-Standard Products are defined as Products that are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. Non-standard products are non-cancelable and non-refundable. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which IEC may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by IEC, and shall be paid by Customer to IEC. Customer requests to reschedule are subject to acceptance by IEC in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by IEC to the shipment carrier. IEC reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.
Customer must notify IEC within 30 days from date of shipment of any defective product. (See IEC'S LIMITED WARRANTEE for further information.) Returns are normally accepted when completed within 30 days of the ship date. If IEC agrees to accept a return, return freight charges must be prepaid by customer. IEC will not accept COD shipments. Some products may require customer provide IEC with a test or failure report. Lot codes and serial numbers must be given with request for RMA. A photograph of the product may be requested. Contact a sales representative for a Return Materials Authorization (RMA) Number and addressing instructions prior to returning product. The foregoing statements concerning Returns do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See the NON-CANCELABLE/NON-RETURNABLE PRODUCTS section in these terms.)
1b. Counterfeit Product Prevention Clause
Customer certifies that product returned to IEC was purchased from IEC. IEC only accepts returns originally shipped from IEC or from a supplier at IEC's direction (drop-shipped) . Product returned to IEC will be compared to shipping documentation and in-house controls to verify product was originally purchased from IEC. Product not meeting that criteria will be quarantined and/or scrapped or returned to the customer. IEC does not accept any product returns where a substitution was made in part or whole of same product from another supplier, vendor, or other source. In the event Customer returns product to IEC, Customer certifies that the products were purchased from IEC, no substitution in whole or part has been made. Unless product is defective, product should be returned in original packaging, unused, undamaged, and only opened under an ESD controlled environment.
1c. Customer Agrees To Test Parts Within the 30 Day Warranty Period
Customer agrees by placing a purchase order with IEC to test parts during the 30 day warranty period for form, fit and function.
Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by IEC and will be applicable for the period specified in IEC's quote. If no period is specified, quoted prices will be applicable for thirty (30) days. Published pricing information are subject to change without notice. Prices are subject to increase in the event of an increase in IEC's costs or other circumstances beyond IEC's reasonable control. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees, and import duties.
3. TERMS OF PAYMENT
All payments must be in US Dollars. Credit cards are charged a 3% service fee.
For Domestic Orders
Credit cards accepted include major credit cards, purchase cards, and major bank debit cards. Requests for net terms can be submitted to the sales representative. Term accounts requests require bank and trade references, a resale certificate and credit approval. Terms are offered to qualifying customers such as OEM's.
For International Orders
Credit cards accepted are MasterCard, VISA, and American Express. Credit Card billing information must be verified on new customers prior to shipment of order. Prepaid Wire Transfer: You can wire the funds to our bank. We will contact you with the total amount that includes shipping charges and a $25 wire transfer fee. We will reserve stock for your order for 48 hours on orders awaiting funds. Orders will be cancelled after 20 business days if funds have not been received. Customer is responsible for duties and taxes.
3.1 TERMS OF PAYMENT
For All Orders
Customer agrees to pay the entire net amount of each invoice from IEC pursuant to the terms of each such invoice, without offset or deduction. Orders are subject to credit approval by IEC, which may in its sole discretion at any time change the terms of Customer's credit, require payment in cash, bank wire transfer or by official bank check, and/or require payment of any or all amounts due or to become due for Customer's order before shipment of any or all of the Products. If IEC reasonably believes that the Customer's ability to make payments may be impaired or if Customer fails to pay any invoice when due, IEC may suspend delivery of any order or any remaining balance thereof, until such payment is made or cancel any order or any remaining balance thereof. Customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as IEC may reasonably require for determination of credit terms and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by IEC against any obligation owing by Customer to IEC under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to IEC. The acceptance by IEC of such check will not constitute a waiver of IEC's right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, IEC may pursue any legal or equitable remedies, in which event IEC will be entitled to reimbursement of costs for collection and reasonable attorneys' fees. There is a $25.00 service charge on all returned checks.
4. SALES TAX
When required by law IEC will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless customer is tax exempt and IEC has a valid signed tax exemption certificate on file.
5. DELIVERY AND TITLE
All shipments by IEC are F.O.B. point of shipment from IEC's facility and the amount of all transportation charges will be paid to IEC by the Customer in addition to the purchase price of the Products. Subject to IEC's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. IEC will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by IEC are estimates only and that IEC will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by IEC unless specifically designated by Customer. IEC reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
6. IEC'S LIMITED WARRANTY
IEC agrees to transfer to Customer whatever transferable warranties IEC receives from the manufacturer of Products sold to Customer. IEC makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, IEC MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. IEC's liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at IEC's election, with such remedies exclusive and in lieu of all others. Customer must notify IEC within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and IEC's remedies with respect to defective or nonconforming products are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.
7. IEC CORPORATE RoHS COMPLIANCE AND LEAD-FREE POLICY
It is the policy of IEC to identify and offer products to the Customer as RoHS Compliant or Lead Free, only when specifically requested by Customer. IEC performs no testing of product and relies solely on the manufacturer of the product for identification of RoHS Compliance and for absence of lead. Furthermore, IEC makes no warranty, certification or declaration of compliance concerning said Products. Product is advertised or offered as RoHS Complaint or Lead-Free only after sufficient evidence is received from the component manufacturer; and any inventory, either in a bin or on order, has been determined to be RoHS compliant and/or Lead Free. IEC defines the term "RoHS" as supplier declared compliance to all restricted hazardous substance regulations under the ELV, WEEE or RoHS EU directives, regulations or laws. IEC defines the term "Lead Free" as pertaining to any product that has been declared by a Supplier to be "Lead Free". All statements by IEC of RoHS compliance are based on producer documentation.
7a. IEC CORPORATE WEEE POLICY
IEC is not registered as a "producer" in the European Union, and does not provide a WEEE recycling program within the EU. A very small number of products that IEC sells are subject to the European Union Directive 2002/96/EC known as WEEE. Therefore, it is the policy of IEC to not export or place on the market, EEE classified products (as defined by EU Directive 2002/96/EC) to Customers within the European Union member countries.
7b. PRODUCT COUNTRY OF ORIGIN
IEC provides Country of Origin information on products where such information is available. When IEC provides the service of selling Obsolete, Hard-To-Find, Highly Allocated or an "Advantageous Purchase" products, IEC will attempt to accommodate Customer requests for Country of Origin information on such product but can not guarantee this information is available. This information is provided to customers on product labels and product shipping documents. This information is based on manufacturer-provided information according to US Treasury, US Customs Regulations. Our manufacturers do not provide IEC with the country of origin of each raw material or subcomponent that is incorporated into the Manufacturer's final product.
8. LIMITATION OF LIABILITIES
IN NO EVENT SHALL IEC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from IEC for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD IEC HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY IEC AND INCORPORATED INTO THE CUSTOMER'S PRODUCT.
9. PRODUCT SAFETY NOTICE AND RESTRICTIONS
Products are intended for commercial use only. Franchise products are traceable at the manufacturer's level only. Obsolete and open market purchases are not traceable. There is no lot level traceability. IEC does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Customers are produced by the manufacturer or transcribed from information provided by the manufacturer. IEC does not participate in any product safety engineering, product safety review or product safety testing. IEC cannot provide any safety testing, safety evaluation or safety engineering services. Products sold by IEC are not designed, intended or authorized for use in life support, life sustaining, human implantable, nuclear facilities, flight control systems, or other applications in which the failure of such Products could result in personal injury, loss of life or catastrophic property damage. If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer's sole risk; (2) Customer agrees that IEC and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD IEC AND THE MANUFACTURER OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
10. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge. IEC shall have no responsibility or liability for the content or use of such statements or advice. IEC Technical support is provided by telephone and, therefore, extremely limited in scope that prevents us from the direct participation in the design of any customer products. We do not conduct product suitability studies or engineering reviews of products that we sell, nor for the final product that a Customer produces.
11. NON-CANCELABLE/NON-RETURNABLE PRODUCTS
From time to time, Seller will notify Buyer of a product that is "NC/NR", (Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale. Buyer understands that "NC/NR" products are obtained by IEC from the manufacturer specifically for the buyer or IEC is procuring the parts as a service to the customer, which may be deemed Obsolete, Hard-To-Find, Highly Allocated or an "Advantageous Purchase". Irrespective of circumstances, the buyer agrees that "NC/NR" products may not be cancelled, returned or rescheduled by the buyer without the agreement of both IEC's supplier and the written consent of IEC.
12. INTELLECTUAL PROPERTY
If an order includes software or other intellectual property, such software or other intellectual property is provided by IEC to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit.
13. FORCE MAJEURE
IEC will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. IEC's time for delivery or performance will be extended by the period of such delay or IEC may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.
14. EXPORT CONTROL
IEC is committed to compliance with all U.S. Export Regulations and Laws. IEC will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC). IEC will not sell or ship to individuals or organizations identified by the U.S. Treasury as Specially Designated Nationals and Blocked Persons. IEC will not sell or ship products prohibited under Export Administration Regulations to individuals or organizations identified by the U.S. Department of Commerce, Bureau of Industry and Security (BIS). IEC will not seek export licenses pursuant to Export Administration Regulations. Furthermore, IEC prohibits the re-export, brokering or transshipment of its products to any individual, organization or country prohibited by the OFAC or BIS. The sale, resale or other disposition of Products, and any related technology or documentation, are subject to the export control laws, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. Customer agrees to comply with all such laws, regulations and orders. Customer further acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
The Terms and Conditions may not be modified or cancelled without IEC's written agreement. Accordingly, goods furnished and services rendered by IEC are sold only on the terms and conditions stated herein. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of Products. Notwithstanding any terms and conditions on Customer's order, the information and conditions on the Credit Application are controlling over Customer and IEC. Any conflicting statements or terms listed on the Customer purchase orders, invoices, confirmations or other Customer generated documents ("Customer Documents"), whether heretofore or hereafter submitted, are negated by submission of the Credit Application and the issuance of credit by IEC, and all different or additional terms and conditions contained in any Customer Documents are hereby objected to by IEC. IEC's performance of any contract is expressly made conditional on Customer's agreement to IEC's Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by IEC. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer's convenience only and shall not be deemed or construed to be acceptance of Customer's terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall be deemed acceptance by Customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of IEC. The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of California and the applicable laws of the United States.
PURCHASE OF PRODUCTS TERMS AND CONDITIONS:
Suppliers (Sellers) of products to Inland Empire Components, Inc (IEC) are governed by these Terms and Conditions of Purchase. All IEC purchase orders are governed by the following terms and conditions and any additional terms written on the purchase order documents. Any terms and conditions required by IEC’s customers will be flowed down to you and those terms and conditions will be provided on our purchase order to you and or your company. As a supplier to IEC, you agree and your company agrees to protect the supply chain by only selling, providing and delivering new, authentic original parts that conform to the manufacturers specifications. These Terms and Conditions of Purchase may be changed by IEC at any time in the future. Seller is responsible to review the Terms and Conditions of Purchase for updates and will immediately be in effect on IEC’s website at http://www.iecsolutions.com/terms-and-conditions.aspx without further notice to you.
Counterfeit Product Prevention Clause
Vendor/Supplier certifies that product sold to IEC is authentic, new and unused and complies to the standards of SAE5553 Counterfeit Electronic Parts; Avoidance, Detection, Mitigation, and Disposition. IEC only accepts authentic electronic parts that work to the manufacturers specifications of form fit and function .
Supplier shall comply with SAE AS 5553 to prevent and mitigate the use of counterfeit parts for both electrical and nonelectrical components supplied to INLAND EMPIRE COMPONENTS, INC.
Only new and authentic materials are to be used in products delivered to INLAND EMPIRE COMPONENTS, INC.
No counterfeit or suspect counterfeit parts are to be contained within the delivered product. Parts should be purchased directly from the Original Equipment Manufacturer (OEM)/ Original Component Manufacturer (OCM) or through the OCM/OEM or franchised distributor. If parts are purchased from a source other than the Original Equipment Manufacturer (OEM)/ Original Component Manufacturer (OCM) or through the OCM/OEM or franchised distributor, traceability type must be disclosed to Inland Empire Components, Inc. in writing.
If suspect/counterfeit parts are furnished to INLAND EMPIRE COMPONENTS, INC. and are found in any of the goods delivered, such items will be confiscated by INLAND EMPIRE COMPONENTS, INC. The supplier shall promptly replace such suspect/counterfeit parts with parts acceptable to INLAND EMPIRE COMPONENTS, INC. .
All occurrences of suspect counterfeit or counterfeit parts should be immediately reported to INLAND EMPIRE COMPONENTS, INC. and ERAI (an information service organization that monitors, investigates and reports issues affecting the global supply chain of electronics).
The supplier shall flow down the applicable requirements of AS5553 to applicable sub-suppliers.
Note that Terms and Conditions were last revised 01/12/2016