|BINDING TERMS AND CONDITIONS OF SALE|
|The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by NichiconCapacitors to NichiconCapacitors customers (“Customers”).|
1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance in writing by NichiconCapacitors or a duly authorized agent of NichiconCapacitors. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by NichiconCapacitors may be cancelled by Customer upon written consent of NichiconCapacitors 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 NichiconCapacitors 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 NichiconCapacitors, and shall be paid by Customer to NichiconCapacitors. Customer requests to reschedule are subject to acceptance by NichiconCapacitors in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by NichiconCapacitors to the shipment carrier. NichiconCapacitors 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.
Returns are normally accepted when completed within 30 days of the ship date. If NichiconCapacitors agrees to accept a return, return freight charges must be prepaid by customer. NichiconCapacitors will not accept COD shipments. Some products may require return directly to the manufacturer. All items must be in the original packaging and in resalable condition. Contact a sales representative for a Return Materials Authorization Number and addressing instructions prior to returning product. Any ESD sensitive product returned that has not been handled properly will not be eligible for credit. 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
Only products originally shipped from NichiconCapacitors or from a supplier at NichiconCapacitors direction (drop-ship) will be returned to NichiconCapacitors. All others will be promptly quarantined and disposed of or returned to the customer. By a Customer returning products to NichiconCapacitors, the Customer certifies that the products were purchased from NichiconCapacitors and there has been no substitution in whole or part of same product from another supplier, distributor or other such source of the product. The return should be in the original packaging (manufacturer or NichiconCapacitors), in unused condition (except defective). ESD sensitive products should not be opened except under controlled conditions.
Orders are billed at the prices in effect at the time of shipment. Prices will be as specified by NichiconCapacitors and will be applicable for the period specified in NichiconCapacitors quote. If no period is specified, quoted prices will be applicable for thirty (30) days. The catalog reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. Prices are subject to increase in the event of an increase in NichiconCapacitors costs or other circumstances beyond NichiconCapacitors 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, and document fees.
3. TERMS OF PAYMENT
All payments must be made in the currency billed on the original invoice.
Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA, Diners Club, Discover, and American Express.