© 1995~2017 MoxiE Inductor Corporation     Phone: 949.623.8328     Fax: 949.861.7475     email:info@moxieinductors.com    www.moxieinductors.com     Legal Terms & Conditions
more info more info MoxiE Sales Terms & Conditions All sales made by MoxiE Inductor Corporation (MoxiE). to its customers are subject to these terms and conditions. Customer's acceptance of these terms shall be made upon providing a purchase order number to MoxiE.  These terms and conditions shall apply to all sales of MoxiE products. Note: Claims for pricing errors, shortages and defective MoxiE product must be reported within 10 days from receipt of goods.  Returned product will not be accepted after thirty (30) days from the invoice date and may be subject to a restocking fee in accordance with MoxiE Inductor Corporation return policy.                           PRODUCT RETURNED WITHOUT PRIOR AUTHORIZATION FROM MOXIE WILL NOT BE CREDITED. NO EXCEPTIONS. The conditions stated below shall constitute a part of the agreement resulting from the acceptance of an order unless expressly excepted in writing on our acknowledgement. ACCEPTANCE: All orders are subject to acceptance by MoxiE Inductor Corporation at MoxiE’s applicable manufacturing facility. “Terms and Conditions”  means collectively, the terms and conditions contained herein, any Seller’s “Supplement to Terms and Conditions of Sale”, and terms and conditions stated in Seller’s quotation. “Agreement” means the agreement arising from the acceptance of this order and its attachments, including the Terms and Conditions, which are incorporated into and are part of the purchase order. Any terms and conditions originating with Buyer are superseded by the Terms and Conditions and shall not be or become part of the contract between Buyer and MoxiE Inductor Corporationunless specifically accepted in a writing signed by a duly authorized representative of Seller. Acknowledgement of the receipt of any order, including signing and returning to Buyer its acknowledgement copy, if any, shall not constitute acceptance by Seller of any additional or different terms and conditions, nor shall Seller’s commencement of effort, in itself, be construed as acceptance of an order containing additional or different terms and conditions. Seller shall have no liability until and unless the orders are accepted. Buyer assumes full responsibility for inaccurate, incomplete or faulty data supplied to Seller for Seller’s use in the performance of orders. PRICES AND TAXES:  Unless otherwise acknowledged in writing: All prices and quotations are subject to change without notice. Goods will be billed at the prices in effect at the time of shipment. Prices are quoted F.O.B. factory. Taxes of any kind levied against MoxiE with reference to this transaction, excepting only taxes imposed upon the net income of MoxiE, shall be the account of Purchaser and be added to the price quoted. TERMS AND CREDIT:  Terms of payment shall be as stated on our order acknowledgement. In the event payment is not made promptly when due, Buyer agrees to pay interest at the rate of 1-1/2% per month, or as limited by individual state laws, from the due date. Partial shipments on quantity orders shall be deemed a separate and independent contract for billing and payment. Terms are subject to the continuing review of the Purchaser's credit by MoxiE Inductor Corporation. DISHONORED CHECK POLICY: If a check provided by the customer is dishonored for any reason by the bank or other institution on which it is drawn, the customer agrees to pay a $20.00 service charge (if the check cannot be re deposited). SHIPMENT:  Shipping dates are approximate and may be contingent upon the prompt receipt from the Purchaser of drawing and data approval, or written release for procurement and fabrication. MoxiE shall not be liable for any delay caused by strikes, accidents, delay in receipt of raw materials, or any other cause beyond the MoxiE control. If the Seller is prepared to make shipment, and the Purchaser delays delivery, terms of payment shall be applied as though delivery had been effected as of that date. All costs associated with handling, care and custody of the material shall be to the account of the Purchaser. The acceptance of the material by the Purchaser shall constitute a waiver of all claims for delay. Unless otherwise agreed to by MoxiE Inductor Corporation all shipments are made Ex Works (INCOTERMS 2000) Seller’s factory. Delivery to a common  carrier or licensed trucker shall constitute tender of delivery to Buyer and all risk of loss or damage in transit shall be borne by Buyer. In no event shall  Seller be held liable for any damages or expenses caused by delays in delivery. FREIGHT DAMAGE: If you receive merchandise that has been damaged in transit it is important to keep the shipping carton, packing and material intact. Please contact your MoxiE Inductor Corporation. representative immediately to initiate a claim. CANCELLATION AND CHANGES:  Orders shall not be subject to cancellation unless cancellation charges are borne by the Purchaser for all work done by MoxiE Inductor Corporation and for any other obligations incurred by the MoxiE in connection with the order. Acceptance of change orders is contingent upon price renegotiation. Scheduling changes requested by the Purchaser are subject to renegotiation of price and terms of payment. SAVE HARMLESS:  The Purchaser agrees to save MoxiE Inductor Corporation, harmless from any and all liability, and to pay all costs and attorney fees, for injury or damage to persons or property caused in any manner by said material while in possession of the Purchaser of the Purchaser's successor in interest. WARRANTY: The product and/or services to be delivered will be warranted against defects in materials and workmanship for a period of one year after  delivery to Buyer in accordance with the following statement or warranty: MoxiE Inductor Corporation warrants that the product and/or services to be delivered will be of the kind and quality described in the agreement and will be within good workmanship practices.  Except as otherwise agreed to by the Seller in writing, THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED. LIMITATION OF REMEDIES  In the event of any breach of warranty, the exclusive remedy of the Buyer shall be the correction of non conformities in the manner and for the period of time as provided for in the "WARRANTY" section above. LIMITATION OF LIABILITY  Except as otherwise agreed to by the Seller in writing: DO NOT USE PRODUCTS SOLD BY MOXIE INDUCTOR CORPORATION  AS CRITICAL COMPONENTS IN LIFE SUPPORT SYSTEMS OR DEVICES!  PRODUCTS SOLD BY MOXIE INDUCTOR CORPORATION ARE NOT AUTHORIZED FOR USE AS  CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. The liability of MoxiE Inductor Corporation with respect to this agreement or anything done on connection herewith such as the performance or breach of this agreement, or in connection with manufacture, sale, delivery, installation or technical direction of installation, repair or use of any product or services covered by or furnished under this agreement, whether such liability is based upon contract, tort, negligence, "strict liability", or other basis, shall not exceed the price of the product or part as to which such liability is asserted.  MoxiE Inductor Corporation shall not be liable for special, incidental, or consequential damages,  such as (but not limited to) damage or loss of other property  or equipment, loss of profits or revenue, loss of use of other property or equipment, or claims of customers of the Buyer for interruptions in the Buyer's operations.  This limitation of liability is independent of any warranty provisions in this agreement, and will apply regardless of what remedy or remedies the Buyer may be held entitled to pursue. GOVERNING LAW; LIMITATION ON ACTIONS  This order shall be governed and construed in accordance with the laws of the State of California, USA. No actions arising out of the sale of goods covered by this order, other than an action by MoxiE Inductor Corporation to recover the purchase price of such goods, may be brought by either party more than one (1) year after the cause of action accrues. RESTRICTIONS ON EXPORT  Buyer acknowledges that the Goods and any technical data related to the Goods may be controlled for export by the U.S.  Department of Commerce or Department of State and that such items may require authorization prior to export from the United States or re-export. Buyer agrees that it will not export, re-export, or otherwise distribute the Goods or any technical data related thereto, in violation of any export control laws or regulations of the United States.UNCISG   With respect to transactions to which the 1980 United Nations Convention for the International Sale of Goods (UNCISG) would otherwise apply and notwithstanding the venue to which the parties to a particular order may have agreed for dispute resolution, the rights and obligations of the Parties hereto including these Terms and Conditions shall not be governed by the provisions of the UNCISG.GENERAL  Any clause required being included in a contract of this type by any applicable law or administrative regulation having the effect of law shall be deemed to be incorporated herein. No terms or conditions other than those stated herein, and no agreement or understanding, oral or written, in any way purports to modify these terms.