MicroStrain, Inc.
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Terms and Conditions
1. Acceptance of MicroStrain Inc’s. Terms and Conditions.
By placing an order with
MicroStrain, Inc. (“MicroStrain”), Buyer agrees to be bound by these Terms and
Conditions of Sale and Software License, if applicable. MicroStrain will not be bound by
any of other terms and conditions, regardless of whether Buyer tenders terms and
conditions with an order or otherwise and these terms and condition of sale prevail over
any conflicting or additional terms of any quote, order, previous agreement,
acknowledgment or similar communications between the parties. These Terms and
Conditions supersede all prior or contemporaneous oral or written communications,
proposals and representations with respect to its subject matter. The term “Products”
includes collectively all physical products, Software and Embedded Software (as defined
herein).
2. Pricing.
All prices are quoted in US dollars, unless otherwise explicitly stated and are
valid for ninety (90) days. You shall be responsible for the payment of all shipping
charges, costs of freight, taxes, import fees, insurance, duties, value added taxes, and the
like. Our minimum order is one hundred ($100.00) dollars, excluding all additional
charges, including shipping, taxes and the like.
3. Payment:
Payment shall be made in advance, in U.S. dollars, by credit card, bank
draft or letter of credit, unless otherwise agreed in writing by MicroStrain. At the sole
discretion of MicroStrain, credit terms of net 30 days up to a pre-approved limit may be
offered to buyer. A late payment charge of one and a half (1.5%) percent per month, or
the maximum percentage rate permitted by law, if lower, shall be charged on all past due
balances. Buyer agrees to pay all costs incurred by MicroStrain including, but not limited
to, collection fees, court costs and attorney fees, associated with collection of past-due
balance.
4. Shipping Terms.
All Products delivered to you by us, shall be F.O.B. our distribution
center, with risk of loss passing to you upon our delivery of the Products to a common
carrier. MicroStrain will arrange payment for shipping and insurance with the carrier, but
such costs are the responsibility of Buyer. Delivery times quoted are estimates only and
MicroStrain shall not be liable for delays in delivery.
5. Acceptance & Returns
. Shipments shall be deemed to have been accepted by the
buyer upon receipt of shipment. Any discrepancy in shipment quantity must be reported
within five (5) days of receipt of shipment. Buyer may return starter kits or evaluation
units for any reason within thirty (30) days of the date of shipping from MicroStrain. All
other returns shall be subject to a restocking fee of the greater of twenty-five (25%)
percent of the invoiced amount of the returned products or one hundred ($100.00) dollars.
To qualify for a credit or refund (excluding shipping, duties or taxes), Buyer must
contact MicroStrain in writing for a Return Merchandise Authorization (RMA). All
Product returns shall comply with MicroStrain’s Return Merchandise Authorization
(RMA) policies. Custom Products and modifications of standard Products are not eligible
