Terms & Conditions
Price All prices are in U.S. dollars. Prices are subject to change at any time prior to Sierra IC Inc's acceptance of any order. Prices are for Products only and do not include taxes, shipping charges, freight, duties and other charges or fees. Buyer is responsible for all Additional Fees. Cancellation Buyer may not change, cancel or reschedule accepted orders for standard Products without Sierra IC Inc's consent. All orders are "NCNR" may not be cancelled, revoked, rejected (unless non-conforming, as confirmed by Sierra IC Inc) or returned. Delivery Any estimates of time for delivery made by Sierra IC Inc are made in good faith based on information then available, but not guaranteed, and Buyer acknowledges and agrees that Sierra IC Inc assumes no liability for any loss, underlying general damages, special damages or consequential damages due to any delays or changes. All orders over the amount of US $100.00 shall be subject to an insurance fee payable by Buyer, unless Buyer has supplied Sierra IC Inc with a current insurance binder with Buyer’s transit policy limit and with Sierra IC Inc named as an additional insured. All shipments shall be F.O.B. at the originating shipping point. In the absence of specified instructions approved by Sierra IC Inc, Sierra IC Inc shall select the shipper. Title to the material shall pass to Buyer upon delivery thereof by Sierra IC Inc to the shipper or delivery service. All risk of loss passes to Buyer upon delivery to carrier or shipper. Upon such delivery by Sierra IC Inc to the shipper, Buyer shall assume all risk. Use of Product No Products supplied by Sierra IC Inc shall be used in the design, development, production, utilization, maintenance or operation of, or otherwise incorporated into: 1. Any weapons (Weapons of Mass Destruction (nuclear, chemical or biological weapons or missiles) or conventional weapons); 2. Goods or systems specifically designed or intended for military end-use or military end-users; or 3. Goods or systems that are to be redirected or resold to nations or organizations subject to U.S. export embargos or restrictions. Products sold by Sierra IC Inc are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life or serious property damage. If Buyer uses or resells the Products for use in any such applications or fails to comply with the manufacturer's product specifications, Buyer acknowledges that such use, resale or non-compliance is at Buyer's sole risk. Buyer indemnifies Sierra IC Inc against all claims made by third parties against Sierra IC Inc arising out of such personal injury, loss or damage and agrees to defend Sierra IC Inc against any such claims and pay all defense costs, including reasonable attorneys’ fees, incurred in connection therewith. Warranty Sierra IC Inc makes no warranty with regard to the fitness of any Product for Buyer’s particular or intended use, or that Products sold will be compatible with Buyer’s circuit or product designs. Buyer acknowledges and agrees that Sierra IC Inc disclaims any implied warranty of merchantability. Buyer further acknowledges and agrees that there are no warranties that extend beyond any express, limited warranties that may be set forth herein. Any limited warranties extend only to Buyer, as the original purchaser of the Product. Sierra IC Inc warrants that any Product sold by Sierra IC Inc will be free from defects in form, fit and function for a limited period of thirty (30) days from the original invoice date (the “Warranty Period”). The limited warranty does not apply to any Product that: (i) has been subject to abuse, misuse (including, without limitation, static discharge), neglect, accident or modification; (ii) is otherwise not capable of being tested; (iii) has been installed in an unsuitable installation environment for the Product; (iv) has been used for purposes other than for which it was designed; or (v) has been damaged by heat, moisture, electrostatic discharge or similar causes. Buyer’s sole remedy for any breach of the limited warranty set forth herein shall be one of the following remedies, as selected by Sierra IC Inc in its sole discretion: (i) the replacement of the non-conforming Product; or (ii) the refund of the purchase price paid for the non-conforming Product within the Warranty Period, in accordance with Sierra IC Inc’s return policy. Returns / Rejections All Products shall be inspected by Buyer at the time of Buyer’s receipt and all non-conforming Products must be returned within fifteen (5) days of initial receipt. No Product shall be accepted for return without Sierra IC Inc’s written authorization. Such returns must be shipped via “least cost” method and will not be accepted if COD. Limitation of Liability Sierra IC Inc shall have no liability for special, general or consequential damages of any kind or from any cause whatsoever. Sierra IC Inc’s liability shall be limited, in Sierra IC Inc’s sole discretion, to one of the following: (i) the replacement of non-conforming Product; or (ii) the refund of the purchase price of the non-conforming Product, conditioned on Sierra IC Inc’s receipt of the non-conforming Product within the Warranty Period, in accordance with Sierra IC Inc’s return policy. In no event shall Sierra IC Inc be liable for damages or expenses caused by the use of the non-conforming Product. Terms of Payment Sierra IC Inc offers the following payment methods: Check, MasterCard, VISA, American Express, C.O.D. and prepaid by wire transfer, as well as Net Terms to qualified Buyers, as determined by Sierra IC Inc, in writing. Payment must be made in U.S. dollars. Sierra IC Inc reserves the right to require payment in advance of any order.. Sierra IC Inc may, at any time, alter or suspend credit, refuse shipment, or cancel unfilled orders when, in its sole discretion, Sierra IC Inc concludes that the financial condition of Buyer is such that there is an unacceptable risk of non-payment. Payments not made when due shall be subject to a service charge of 1.5% per month, “18% per annum,” to compensate for loss due to delay in receiving payment. Buyer agrees to pay all fees (i.e., collection fees, reasonable attorneys’ fees, court costs, or any other associated costs, etc.) incurred by Sierra IC Inc as a result of Buyer’s failure to pay Sierra IC Inc’s invoice within the terms set forth therein. Incoterms All international shipments are Ex-Works Sierra IC Inc’s location.