AB08XX Series
Real Time Clock Module
ESD Sensitive
Date of Issue: Sept. 10th, 2012
3.0 x 3.0 mm
Page (11) of (12)
Revision #: Initial Release
Abracon Drawing #
for shortages must be made in writing within ten days after the arrival of the shipment. AB is not required to notify the Buyer of the
shipment.
5. Delivery: Shipping dates are approximate.
6. Packing: Unless otherwise specified, prices quoted herein include normal AB packaging. If special packaging is required by the Buyer,
an additional charge will be made.
7. Inspection: Unless the Buyer notifies AB in writing within ten days from the date of receipt of any products that says the products are
rejected, they will be deemed to have been accepted by the Buyer. In order for the notice of rejection to be effective, it must also specify
the reasons why the products are being rejected. Any rejected products must be returned to AB within thirty days of rejection or the
rejection shall be void and of no effect. Notwithstanding the preceding sentence, no returned goods will be accepted for credit unless
written permission is first obtained from AB.
8. Limitation of Liability: AB shall not be liable for any loss, damage, cost of repairs, or incidental or consequential damages of any kind
whether or not based upon express or implied warranty, negligence, or strict liability arising out of or in connection with the design,
manufacture, sale, use, repair, or delivery of the product, or the engineering designs supplied to the Buyer. Without limiting the generality
of the foregoing: if conditions arise which prevent compliance with delivery schedules, AB shall not be liable for any damage or penalty
for delay in delivery, or for failure to give notice of delay, and such delay shall not constitute grounds for cancellation or price adjustment:
in addition, AB shall not be liable for delay in delivery without regard to the cause of the delay, and delivery dates shall be deemed
extended for a period equal to such delay.
9. Fair Labor Standards Act: AB certifies that products furnished hereunder have been or will be produced in compliance with the Fair
Labor Standards Act, as amended and regulations and orders of the U.S. Department of Labor issued thereunder, AB agrees that this
statement may be considered as the written assurance contemplated by the October 26, 1949 amendment to said Act.
10. Modifications: Unless otherwise provided, AB reserves the right to modify the specifications of products ordered by the Buyer
providing that the modifications do not materially affect the performance.
11. Termination: In the event of the complete or partial termination or cancellation of this order for the convenience of the Government,
settlement shall be made by negotiations in accordance with the Termination Clause for Subcontractors set forth in Armed Services
Procurement Regulation 8-706. If the Buyer attempts to terminate or cancel this order, entirely or partially, other than for the convenience
of the Government, it shall constitute a material breach of contract unless consent to said termination is obtained by the Buyer from AB in
writing. In any event, the prices of all items delivered, and all items which have been furnished but not yet delivered, will be adjusted
upward to the applicable price for the lesser quantities thereby purchased. AB may terminate or cancel this order in whole or in part at any
time prior to the completion of performance by written notice to the Buyer without incurring any liability to the Buyer for breach of
contract or otherwise.
12. Indemnity and Waiver of Subrogation: Buyer agrees to indemnify and hold AB harmless from any cost, liability or expense, including
attorney’s fees, which arises from or relates to any third party claim for personal injury (or death), property damages, or other loss allegedly
based upon defective design, material, or workmanship of any product sold or furnished by AB, or allegedly based on any breach by AB of
any of its contractual or other obligations. The Buyer represents that any liability insurance policies which the Buyer may have shall
provide that subrogation rights against supplies such as AB are waived.
13. Governing Law: The terms of this agreement and all rights and obligations under it shall be governed by the laws of the State of
California.
14. Errors: AB reserves the right to correct clerical or stenographic errors or omissions.
15. Entire Contract: The provisions of the Agreement and any accompanying documents constitute all the terms and conditions agreed
upon by the parties and replace and supersede any inconsistent provisions on the face and the reverse side of the Purchase Order, Invoice,
and Packing Slip. No modifications of this Agreement shall be valid unless in writing and duly signed by a person authorized by AB. The
provisions of this Agreement shall not be modified by any usage of trade, or any course of prior dealing or acquiescence in the course of
performance.
16. Disputes: Disputes between AB and the Buyer shall be resolved in accordance with the laws of the State of California without resort to
said state’s Conflict of Law rules. Pending final resolution of a dispute, AB shall proceed diligently with the performance of an order in
accordance with AB’s decision. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this
agreement, the prevailing party shall be entitled to reasonably attorneys' fees and any other costs incurred in that proceeding in addition to
any other relief to which it is entitled.
ABRACON [ ABRACON ]
