Standard Terms and Conditions
SUPPLIER'S ENTIRE LIABILITY AND BUYER'S EXCLU-
SIVE REMEDY UNDER THIS WARRANTY SHALL BE, AT
SUPPLIER'S OPTION, EITHER THE REPLACEMENT OF,
REPAIR OF, OR ISSUANCE OF CREDIT TO BUYER'S
ACCOUNT WITH SUPPLIER FOR ANY PRODUCTS
WHICH ARE PROPERLY RETURNED BY BUYER DURING
THE WARRANTY PERIOD. All returns must comply with the
following conditions:
(8) NON-WAIVER OF DEFAULT: Each shipment made under
any order shall be treated as a separate transaction, but in
the event of any default by Buyer, Supplier may decline to
make further shipments without in any way affecting its rights
under such order. If, despite any default by Buyer, Supplier
elects to continue to make shipments, its action shall not
constitute a waiver of that or any default by Buyer or in any
way affect Supplier's legal remedies for any such default. At
any time, Supplier's failure to exercise any right to remedy
available to it shall not constitute a waiver of that right or
remedy.
(A) Supplier is to be promptly notified in writing upon discov-
ery of defects by Buyer.
(B) Buyer must obtain
a Return Material Authorization
(RMA) number from the Supplier prior to returning prod-
uct.
(9) TERMINATION: If the products to be furnished under this
order are to be used in the performance of a Government
contract or subcontract, and the Government terminates
such contract in whole or part, this order may be canceled to
the extent it was to be used in the canceled portion of said
Government contract and the liability of Buyer for termination
allowances shall be determined by the then applicable regu-
lations of the Government regarding termination of contracts.
Supplier may cancel any unfilled orders unless Buyer shall,
upon written notice, immediately pay for all goods delivered
or shall pay in advance for all goods ordered but not deliv-
ered, or both, at Supplier's option.
(C) The defective product is returned to Supplier, transporta-
tion charges prepaid by Buyer.
(D) Supplier's examination of such product discloses, to its
satisfaction, that such defects have not been caused by
misuse, neglect, improper installation, repair, alteration,
or accident.
(E) The product is returned in the form it was delivered with
any necessary disassembly carried out by Buyer at
Buyer's expense.
IN NO EVENT SHALL SUPPLIER, OR ANYONE ELSE
ASSOCIATED IN THE CREATION OF ANY OF SUPPLIER'S
PRODUCTS OR SERVICES, BE LIABLE TO BUYER FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
NATURE INCLUDING LOSS OF PROFITS, LOSS OF USE,
BUSINESS INTERUPTION, AND THE LIKE. BUYER
ACKNOWLEDGES THAT THE ABOVE WARRANTIES AND
LIMITATIONS THEREON ARE APPROPRIATE AND REA-
SONABLE IN EFFECTUATING SUPPLIER'S AND BUYER'S
MUTUAL INTENTION TO CONDUCT AN EFFICIENT
TRANSACTION AT PRICES MORE ADVANTAGEOUS TO
BUYER THAN WOULD BE AVAILABLE IN THE PRESENCE
OF OTHER WARRANTIES AND ASSURANCES.
(10) LAW: The validity, performance and construction of these
terms and conditions and any sale made hereunder shall be
governed by the laws of the state of Texas.
(11) ASSIGNS: This agreement shall not be assignable by
either Supplier or Buyer. However, should either Supplier or
Buyer be sold or transferred in its entirety and as an ongoing
business, or should Supplier or Buyer sell or transfer in its
entirety and as an ongoing concern, any division, depart-
ment, or subsidiary responsible in whole or in part for the
performance of this Agreement, this Agreement shall be
binding upon and inure to the benefit of those successors
and assigns of Supplier, Buyer, or such division, department,
or subsidiary.
(7) PATENTS: Buyer shall notify Supplier in writing of any claim
that any product or any part of use thereof furnished under
this agreement constitutes an infringement of any U.S.
patent, copyright, trade secret, or other proprietary rights of a
third party. Notice shall be given within a reasonable period
of time which should in most cases be within ten (10) days of
receipt by Buyer of any letter, summons, or complaint per-
taining to such a claim. At its option, Supplier may defend at
its expense any action brought against Buyer to the extent
that it is based on such a claim. Should Supplier choose to
defend any such claim, Supplier may fully participate in the
defense, settlement, or appeal of any action based on such
claim.
(12) MODIFICATION OF STANDARD TERMS AND CONDI-
TIONS: No attempted or suggested modification of or addi-
tion to any of the provisions upon the face or reverse of this
form, whether contained or arising in correspondence and/or
documents passing between Supplier and Buyer, in any
course of dealing between Supplier or Buyer, or in any cus-
tomary usage prevalent among businesses comparable to
those of Supplier and/or Buyer, shall be binding upon Sup-
plier unless made and agreed to in writing and signed by an
officer of Supplier.
Should any product become, or in Supplier's opinion be likely
to become, the subject of an action based on any such claim,
Supplier may, at its option, as the Buyer's exclusive remedy,
either procure for the Buyer the right to continue using the
product, replace the product or modify the product to make it
noninfringing. IN NO EVENT SHALL SUPPLIER BE LIABLE
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
BASED ON ANY CLAIM OF INFRINGEMENT.
(13) QUANTITIES: Any variation in quantities of electronic com-
ponents, or other goods shipped over or under the quantities
ordered (not to exceed 5%) shall constitute compliance with
Buyer's order and the unit price will continue to apply.
Supplier shall have no liability for any claim based on modifi-
cations of a product made by any person or entity other than
Supplier, or based on use of a product in conjunction with
any other item, unless expressly approved by Supplier. Sup-
plier does not warrant goods against claims of infringement
which are assembled, prepared, or manufactured to Buyer's
specifications.
©2002 Teccor Electronics
Thyristor Product Catalog
P - 11
http://www.teccor.com
+1 972-580-7777
TECCOR [ TECCOR ELECTRONICS ]
