Terms & Conditions

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TERMS AND CONDITIONS OF SALE

1. ACCEPTANCE

THE SALES TERMS AND CONDITIONS OF SALE CONTAINED HEREIN APPLY TO ALL QUOTATIONS MADE AND PURCHASE ORDERS ACCEPTED BY HANTOUCH USA FOR THE PURCHASE AND SALE OF ELECTRONIC COMPONENTS PRODUCTS. SOME OF THE SALES TERMS AND CONDITIONS SET OUT HERE MAY DIFFER FROM THOSE IN CUSTOMER'S PURCHASE ORDER AND SOME MAY BE NEW. THIS ACCEPTANCE IS CONDITIONAL ON CUSTOMER'S ASSENT TO THE SALES TERMS SET OUT HERE IN LIEU OF THOSE IN CUSTOMER'S PURCHASE ORDER. HANTOUCH USA'S FAILURE TO OBJECT TO PROVISIONS CONTAINED IN ANY COMMUNICATION FROM CUSTOMER SHALL NOT BE SEEMED A WAIVER OF THE PROVISIONS OF THIS ACCEPTANCE. YOUR AGREEMENT WITH OUR TERMS AND CONDITIONS SHALL BE CONCLUSIVELY EVIDENCED BY YOUR ACCEPTANCE OF ANY SHIPMENT. ANY CHANGES IN THE SALES TERMS CONTAINED HEREIN MUST SPECIFICALLY BE AGREED TO IN WRITING BY AN AUTHORIZED OFFICIAL OF HANTOUCH USA BEFORE BECOMING BINDING ON EITHER HANTOUCH USA OR CUSTOMER. All Orders must be approved and accepted by Hantouch USA at its headquarters office in Lynnwood Washington.

2. SPECIFICATIONS

Unless different specifications are established and agreed to in writing, the specifications for the Products are the written specifications issued by Hantouch USA for the part number assigned by Hantouch USA to the Products. Customer's part numbers are used for reference only. Hantouch USA may, without affecting the obligations of Customer, make insignificant changes to the specifications of the Products from time to time.

3. PRICES

If Customer does not purchase the entire quantity upon which these prices were based, Customer will pay the higher price specified by Hantouch USA for the quantity actually purchased. Prices do not include taxes and any tax Hantouch USA may be required to collect or pay upon the sale, use or delivery of the Products will be paid by Customer upon invoice.

4. PAYMENT

Unless otherwise set forth on the face hereof payment Sales Terms are net 30 days from date of invoice with interest on all unpaid amounts at the rate of 1.5% per month or the highest lawful rate, whichever is less. Hantouch USA reserves a purchase money security interest in the Products delivered until all of Hantouch USA's claims have been paid. Hantouch USA may change these credit Sales Terms if Customer's financial condition changes. Each shipment shall be considered a separate and independent transaction.

5. DELIVERY

Delivery will be f.o.b. Hantouch USA's location and will occur when the Products are ready for pickup by the carrier. In the absence of specific instructions, Hantouch USA will select a carrier. Hantouch USA does not assume any liability for the shipment. Customer will be responsible for all transportation and insurance charges, including those associated with warranty repairs. Delivery dates set forth on the face hereof are estimates only. Hantouch USA will use its best efforts to deliver in accordance with these dates but will not be responsible for failure to deliver as estimated.

6. INSPECTION

Within 30 days after delivery Customer will inspect the Products and give written notice of rejection to Hantouch USA detailing the manner in which any Products do not conform to the specifications. Upon receiving authorization and shipping instructions from Hantouch USA, Customer may return rejected Products. If Customer retains the Products after their delivery without giving Hantouch USA such notice within the designated period, Customer will be deemed to have irrevocably accepted the Products. Customer's inspection and acceptance tests shall not exceed the inspection and test procedures customary in the industry for the Products and shall be at Customer's expense. Hantouch USA may charge to Customer any costs resulting from the testing, handling, and disposition of any Products returned by Customer which are not found by Hantouch USA to be non-conforming.

6.1 Returns

Buyer will only return product to Hantouch USA that fails to meet Hantouch USA warranty and will return that Product only: (a) to the facility from which Hantouch USA shipped that Product to Buyer, unless directed otherwise by Hantouch USA; (b) after Hantouch USA's issuance of a Return Authorization number; and (c) with all transportation costs, including taxes, customs duties, etc. paid by Buyer. Any Product returned to Hantouch USA under any other circumstance may be refused by Hantouch USA.

7. WARRANTY

Hantouch USA warrants to Customer that the Products will be free from defects in material and workmanship under normal use and service for a period of one year from the date of invoice. Customer's exclusive remedy for breach of this warranty is that Hantouch USA will either (i) repair or replace, at its option, any Product which fails during the warranty period because of such defect (if Customer promptly reported the failure to Hantouch USA in writing) or, (ii) if Hantouch USA is unable to repair or replace, Hantouch USA will refund the purchase price of the Product upon its return to Hantouch USA. This warranty does not apply to any Product which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction, or which has been serviced or repaired by anyone other than Hantouch USA. The warranties set forth herein are in lieu of, and exclusive of, all other warranties, express or implied. ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED.

8. CANCELLATION AND RESCHEDULING

ALL ORDERS ARE NON-CANCELABLE AND NON-RETURNABLE (NCNR). CUSTOMER MUST ACCEPT DELIVERY OF ALL ITEMS PLACED ON ORDER. All quantities must be released and shipments scheduled no more than 12 months from the date hereof. Hantouch USA may cancel this order or any portion in the event of Customer's default or a material adverse change in Customer's financial condition without affecting Hantouch USA's right and remedies. Except as otherwise provided herein orders accepted by Hantouch USA are firm and non-cancelable.

9. CONTINGENCIES

Hantouch USA shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Hantouch USA's reasonable control. Examples of such causes are acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Hantouch USA may defer delivery for a period equal to the delay caused by such contingency in the event of shortages for any reason whatsoever. Hantouch USA may allocate production among its customers.

10. LIMITATION OF LIABILITY

Liability of Hantouch USA to Customer, if any, under this contract for breach of contract or warranty, negligence or otherwise shall in no event exceed the total contract price specified herein less the purchase price of any items delivered and accepted hereunder. In no event shall Hantouch USA be liable to Customer or others for special, incidental or consequential damages for breach of any of the provisions of this contract, including without limitation, provisions regarding warranties, guaranties, indemnities, and patent infringement, or based upon any claims, demands, settlements, or lawsuits arising from or in connection with, the Products sold hereunder, such damages including, but not limited to, costs of removal and reinstallation of items, loss of good will, loss of profits, or loss of use. Customer assumes all liability for any and all damages arising from or in connection with, the use or misuse of the Products by Customer, its employees, or others.

11. HIGH-RISK APPLICATIONS

The Products have not been designed, manufactured, tested or qualified for use in any high-risk application (a “High-Risk Application”), including, but not limited to, the following: life support or life sustaining, “medical device” as defined by applicable law, nuclear, vehicle control (including airplane, automotive, train and other vehicle) or any other application in which failure of the Product, or the product into which it is incorporated, could foreseeably result in personal injury, death, or significant property damage.

12. GENERAL

This is the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements and communications about the subject matter. Neither this agreement nor individual transactions under it may be assigned by Customer without the prior written consent of Hantouch USA. Regardless of any disclosure made by Customer to Hantouch USA of an ultimate destination of the Products, Customer will not export, directly or indirectly, any Product without first obtaining all required licenses from the appropriate government agencies. This agreement and all transactions under it shall be governed by the laws of Washington.

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