General: If the
following conditions should conflict or be inconsistent with the terms
conditions contained, incorporated, or referred to in any document of
customer, then these conditions shall prevail unless otherwise agreed
writing by I-Bus Corporation.
To the extent that any
clauses of these terms and
conditions of sale should prove invalid, the remaining provisions and
contract shall remain valid and binding. Any invalid clauses shall be
with the intention of replacing such clauses by new provisions with
economic implications. Such substituted provisions will be binding on
All orders will be invoiced at time of shipment and are
F.O.B. exworks with freight costs being paid collect or prepaid by
invoiced to the Buyer. Payment terms
are net 30 days. I-Bus Corporation
shall retain a security interest in all products sold as security for
payment in full of the purchase price, and such security interest shall
satisfied and terminated by full payment.
prices, quantities and delivery times stated in any quotation shall not
binding on I-Bus Corporation unless and until I-Bus Corporation has
in writing its acceptance of an order placed by the customer in
the quotation. Prices and quotations are subject to change without
Prices are in US dollars. Pricing is based on the quantity purchased of
single product part number (consisting of that portion of the I-Bus
product part number which defines the product form factor and internal
architecture), ordered by a single customer under single
non-changeable purchase order for a set quantity of products with a
product part number and various options for processor, memory, and
components, to be shipped on a single invoice or multiple invoices
twelve (12) months of the order date.
and Delivery: The specification
for packing the products shall be
entirely at the discretion of I-Bus Corporation. I-Bus Corporation
shall not be
obliged to comply with any packaging instructions or requests of the
unless previously agreed to in writing by I-Bus Corporation. The
be bound to accept the delivery of the products and shall not be
reject delivery or part delivery of the products ordered.
specific instructions are received from
the customer, I-Bus Corporation reserves the right to select a suitable
for the products. Delivery of the products in good condition to such a
constitutes delivery to the customer at which point the risk and title
product and/ or products shall pass to the customer. Any mis-delivery
shall thereupon be the responsibility of the customer, who may also be
responsible for obtaining and paying for insurance and carrying out
negotiations in the event of loss, mis-delivery, breakage or other
regardless of the fact that insurance may have been secured by I-Bus
Corporation at the request of the customer.
Charge Policy for All Products:
Orders cancelled within sixty (60) days of
scheduled delivery shall incur the full purchase price.
If the order is
cancelled more than sixty (60) days but
less than ninety (90) days from the original date of delivery, I-Bus
Corporation will charge
for all actual costs associated with the
order. The cancellation fee shall be due
payable within ten (10) days from such cancellation notice.
Buyer may not
reschedule orders within thirty (30) days of
the scheduled delivery date.
Orders due for
delivery more than thirty (30) days but
less than sixty (60) days from the
delivery date, at the
written request of the Buyer, may be rescheduled for delivery up to
days from the original delivery date. I-Bus Corporation may at its sole
discretion levy a rescheduling fee of ten percent (10%) of the List
the order. The rescheduling fee shall be
due and payable within ten (10) days of I-Bus Corporation acceptance
If the order is
scheduled for delivery by Buyer more than
sixty (60) days from the date of
delivery, the order may be rescheduled for delivery up to thirty (30)
the original delivery date without any additional charge.
Orders may be
rescheduled by Seller without penalty, with
Buyers prior approval.
No orders may be
rescheduled more than once.
I-Bus Corporation warrants its products to be free of
defects in material and workmanship for a period of one years. This
warranty is limited solely to the obligation to repair or replace its
when the product has been returned to I-Bus Corporation by the Returned
Material Authorization (RMA) process defined within and I-Bus
found the product to be defective. This warranty is limited solely to
of the product sold. I-Bus Corporation assumes no liability for any
consequential or contingent damages resulting from the failure of any
sold by I-Bus Corporation.
I-Bus Corporation is
not liable for any defects in
material or workmanship of any peripherals, products or parts, which
Corporation does not design or manufacture. I-Bus Corporation receives
on certain third party peripherals, products or parts purchased by it
obligations with respect to such third party peripherals, products or
shall be limited to the extent of the warranties so received by it.
Repair or replacement
parts will carry the remainder of
the original warranty or ninety (90) days, whichever is greater.
I-Bus Corporation will
analyze the returned unit and the
customer will be charged for out of warranty repairs in the following
No problem found: $300
Out of warranty
repairs: labor at $150 per hour with $300
(US dollars) minimum charge plus, parts. Receipt of damaged goods voids
I-Bus Corporation warranty.
Repair parts and
replacement products will be furnished on
an exchange basis and will be either new or reconditioned. All replaced
and products requiring replacement shall become the property of I-Bus
Corporation, if such parts or products are provided under this warranty
section. In the event a defect is not related to the I-Bus Corporation
manufactured product, the warranty on such products shall be limited to
extent of the warranty so received by I-Bus Corporation from the
This warranty shall
not apply if the product has been
misused, carelessly handled, defaced, modified or altered by the Buyer,
unauthorized repairs have been attempted by others.
The above warranty is
the only warranty authorized by
I-Bus Corporation and is in lieu of any implied warranties, including
warranty of merchantability and fitness for a particular use.
IN NO EVENT SHALL
I-BUS CORPORATION BE LIABLE TO BUYER,
END USERS, OR OTHER PERSONS FOR EXEMPLARY, INCIDENTAL, INDIRECT,
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE
BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOSS OF
REVENUE, OR THE CLAIMS OF THIRD PARTIES WHETHER OR NOT I-BUS
BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES OR LOSS.
Material Authorization: In order to obtain warranty service, the
product must be
delivered to the I-Bus Corporation facility, or to an authorized I-Bus
Corporation service representative, with all included parts and
originally shipped, along with proof of purchase and a Returned
Authorization (RMA) number. The RMA
number must be obtained in advance from the I-Bus Corporation Customer
Department. The RMA Number is valid for
thirty (30) days and must be clearly marked on the exterior of the
shipping container or equivalent. The Buyer will be responsible and
any missing or damaged parts. The Buyer agrees to pay shipping charges
and to either insure the product or assume the liability for loss or
during transit. Ship to:
Attention: RMA Repair Department
Scott Boulevard, Building 54
Santa Clara, CA 95054
I-Bus may issue, at
discretion, an advance replacement unit on the product if it fails
within fifteen (15) days from the date of delivery from I-Bus.
The customer is
for inspecting the products immediately upon arrival thereof and shall
within two (2) days of their arrival give notice to I-Bus of any defect
in the products or any other matter by reason whereof the customer
alleges that the products are not in accordance with the contract. If
the customer fails to give such notice, the goods shall be deemed to be
free of patent defects and in all respects in accordance with the
contract where the customer shall be bound to accept and pay for them
accordingly. If the customer gives such notice and the delivered goods
are proved to be defective, I-Bus shall at its own discretion, replace
or repair the goods free of charge and the customer shall have no
further rights to damages or otherwise against I-Bus. An extended
warranty is available, please contact an I-Bus sales representative for
Waiver: These terms and
conditions govern the relationship
between the parties unless otherwise specifically agreed to in writing. The failure of I-Bus Corporation to insist
upon any of the terms and conditions stated herein shall not be
continuing waiver of any such term or condition or of any other terms
Force Majeure: I-Bus Corporation
shall not be considered in
default in performance of its obligations hereunder to the extent that
performance is delayed or prevented by causes beyond the control or
fault of I-Bus Corporation including causes such as acts of God,
strikes, fire, flood, sinking of vessels, acts of the Buyer, including
performing its obligations, or because or by reason of any law,
regulation or ordinance of any government or governmental agency or
events or occurrences beyond I-Bus Corporation’s ability to control or
the fault of I-Bus Corporation.
Assignment: The Buyer may not
assign these terms and
conditions without the prior written consent of I-Bus Corporation.
These terms and conditions and the covenants
herein contained shall be binding upon and inure to the benefit of the
successors and assigns of each party.
Applicable Law: These terms and
conditions are entered into in the State of California and shall be
in accordance with the laws of the State of California.