LuxLink™, Inc General Terms & Conditions
1. ACCEPTANCE OF ORDER
No Purchase Order shall be binding unless and until accepted in writing by an
authorized employee of Seller at its LuxLink, Hicksville, New York office.
Any terms and conditions of the Purchase Order or other similar instrument,
which are in addition to or inconsistent with Seller's terms and conditions
shall not be binding on Seller and shall not apply to this transaction, unless
specifically agreed to in writing in Seller's acceptance. The prices and
deliveries confirmed hereby are dependent upon Buyer's acceptance or
acquiescence in the terms and conditions stated herein.
2. NO MINIMUM ORDER
We do not have a minimum order for shipments to USA on standard products in our
3. PRICE AND DESIGN CHANGES
Seller reserves the right to make changes in design at any time without
incurring any obligations to provide the same changes on units previously
Unless otherwise specifically provided in writing, the prices are based upon
manufacture of the quantity and types originally specified and are subject to
revision when interruptions or engineering changes are caused or requested by
All shipments are made f.o.b. Seller's plant (unless otherwise
specified) and the costs of boxing and packing for domestic shipment are
included in the price. The method of shipment is as shown on the face of this
order. Unless otherwise specified, Seller will normally use the best, least
expensive surface transportation. Reasonable care is exercised in packing
products for shipment. Seller assumes no responsibility for delay,
breakage or damage after having made delivery in good order to the carrier. If
you receive merchandise that has been damaged in transit it is important to keep
the shipping carton, packing material and parts intact. Please contact
LuxLink to initiate a claim. All claims for breakage and damage should
be made to the carrier.
The delivery date is Seller's best estimate of the time material
will be shipped from Seller's factory, but Seller assumes no liability for loss,
damage or consequential damages due to delays.
6. PAYMENT METHOD & TERMS
Several convenient payment options are available;
(For USA orders only)
Visa (For USA
Fund Transfer (Wire Transfer)
For USA companies we can also extend credit to qualified institutions and companies. Terms are net 30
days from date of invoice, with no discount allowed for earlier payment, unless
otherwise specified. Seller may either alter or suspend credit when we believe
the financial condition of the customer warrants this. Contact us at
516-931-2800 for an credit application.
Each shipment shall be considered a separate and independent transaction and
payment therefore, shall be made accordingly.
7. DISHONORED CHECK POLICY
If a check you give us as payment is dishonored for any reason by the bank or
other institution on which it is drawn, you agree to pay us $20 as a service
charge if the check cannot be redeposited. In addition, you agree to pay any
other reasonable charges imposed by any check verification company or collection
agency we use for collection.
8. INSTALLMENT CONTRACT
If the Buyer authorizes or requires delivery of goods in separate lots, the
Buyer may reject a non-conforming delivery which substantially impairs the value
of that installment and which cannot be cured by the Seller. If the Seller gives
adequate assurance of cure, the Buyer must accept that installment. The Buyer
shall not cancel this contract in whole, or in part, where the non-conformity
does not impair the value of the whole contract, non-conforming installments are
accepted, or when performance of future installments is demanded.
Any order, once accepted by Seller, shall not be subject to termination except
on terms that protect Seller against loss. Termination for the convenience of
the U.S. Government shall be handled in accordance with the procedures
established and covered by the Armed Services Procurement Regulation, Section
VIII, in effect at the time of termination. If the order is terminated for any
reason, Seller shall not be liable for incidental or consequential damages.
10. EXCLUSIVE WARRANTY
All fiber optic transmission systems, products and accessories manufactured by
LuxLink™, Inc and its subsidiaries are
fully tested prior to shipment and are warranted against defective materials and
workmanship for a period of two full years from the date of original
shipment. Should a problem occur, LuxLink™
Inc. will at its option, repair or replace the defective item. A Return
Material Authorization (RMA) number must be obtained from LuxLink™
Inc. at (516) 931-2800 and the item returned prepaid with the RMA # on the
package and packing list to:
166 Haverford Road
Hicksville, NY 11801
The maximum liability that LuxLink™, Inc.
is responsible for under this warranty is limited to the cost of the equipment
only. No contingent liabilities of any kind are either assumed or implied.
Any items returned to LuxLink™, Inc. that
have been misused, abused, damaged, modified in any way, connected or adjusted
in any way contrary to the instructions furnished by LuxLink™,
Inc. or repaired by unauthorized personnel will not be covered by this warranty.
Any non-warranty repairs will be quoted at the current rate for such services.
11. CLAIMS AND REJECTED MATERIAL
After receiving factory authorization, material requiring repair
or replacement should be sent prepaid to the factory accompanied by a Purchase
Order or a letter stating as completely as possible the defects and the
conditions under which they occurred.
12. TECHNICAL DATA
If any written technical information, detailed specifications, drawings or other
technical data are submitted to Buyer in connection with this order, such data
will be furnished in confidence to permit Buyer's evaluation of the Seller's
conformance with the contract requirements. Unless otherwise agreed in writing,
data furnished under a U.S. Government contract or subcontract will be furnished
with "Limited Rights" under ASPR 9-203 if the Buyer has not agreed to pay the
entire cost of development of the deliverable items and data involved. In any
event, the Seller shall not be obligated to furnish technical data unless such
data is separately purchased by Buyer. No warranty of any kind shall apply to
technical data unless otherwise agreed in writing by Seller.
We don't charge tax, but we do have to collect it where the law states.
Federal, state or local taxes, if any, will be added to the net catalog or
quoted prices and will be shown as a separate item on invoices and shall be
borne by the customer.
14. INSPECTION AND AUDITS
Examination of Seller's books and records is restricted solely to the
Comptroller General of the United States and representatives of the Defense
Contract Audit Agency to the extent authorized and required under public law.
15. LIMITATION OF LIABILITY
LuxLink™, Inc.'s sole obligation for products that prove to be
defective within 2 years of shipment will be replacement or refund. In no event
shall LuxLink™, Inc. liability exceed the buyers purchase price.
LuxLink™ Inc. is not liable for any special, incidental or
consequential damages 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 expense.
16. PRODUCT APPLICATION LIMITATION
DO NOT USE PRODUCT SOLD BY LuxLink AS CRITICAL COMPONENTS IN LIFE SUPPORT
DEVICES OR SYSTEMS.
Products sold by LuxLink™, Inc. are not authorized for use as
critical components in end products, which are used for nuclear facilities
applications, human implantable devices or life support devices or systems. A
critical component is any component of a life support device or system whose
failure to perform can be reasonably expected to cause the failure of the life
support device or system, or to affect its safety or effectiveness. The seller
is not liable, in whole or part, for any claims or damages arising from such