Terms and Conditions
Binding terms and conditions of sale
The following are the terms and conditions of agreement ("Terms and Conditions") for the sale of products ("Products") by Circuit Parts to Circuit Parts's customers ("Customers").
Circuit Parts is a brand operated by Circuit Flare Private Limited, a company with its registered office at Hyderabad, Telangana, India
ACCEPTANCE AND CANCELLATION OF ORDERS
Website availability and pricing is an invitation to Customer to tender an offer. Responses to quotes, and other inquiries for pricing and availability are not construed as an offer by Circuit Parts. Acceptance will be in writing, by either an Order Confirmation e-mail or Electronic Data Interchange ("EDI") acknowledgement. Acceptance can also be though execution of Customer's order by Circuit Parts. When a Customer orders a product from the Circuit Parts's website, the preliminary written reply to the order issued on the Circuit Parts's website does not mean that the order has been accepted. The written reply is only used to let the Customer know that the order has been entered into the Circuit Parts's computer system. Orders accepted by Circuit Parts may be cancelled by Customer upon written consent of Circuit Parts provided such order is not "NC/NR" or "Non-Cancelable/Non-Returnable", "Non-Standard Products", or governed by a Purchase Agreement Letter. Non-standard products are product Circuit Parts has to order from a supplier specifically for the Customer. This also includes, products not normally in stock, or orders where value-added services have been incorporated into products. Non-standard products are non-cancelable and non-refundable. Circuit Parts may identify Products as non-standard or "NC/NR" by various means including quotes, Products lists, attachments or exhibits. Customer may not change, cancel or reschedule Orders for Products without Circuit Parts's consent. If after acceptance by Circuit Parts of the Customer's order, the Customer cancels the order, Circuit Parts may request the Customer pay Circuit Parts reasonable cancellation or reliance charges. These charges are paid to Circuit Parts by the Customer. Customer requests to reschedule are subject to acceptance by Circuit Parts in its sole discretion. Orders shall not be canceled or rescheduled after the order has been submitted by Circuit Parts to the shipment carrier. CIRCUIT PARTS RESERVES THE RIGHT TO LIMIT OR CANCEL ANY ORDER, AND HAS SOLE DISCRETION, TO ALLOCATE SALES, LIMIT QUANTITIES OF SELECTED PRODUCTS, AND LIMIT SELECTED PRODUCTS TO ITS CUSTOMERS. CIRCUIT PARTS RESERVES THE RIGHT TO REJECT ANY ORDER, OR ANY PART OF AN ORDER. PRODUCT SPECIFICATIONS AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
All the orders placed with us are non-cancelable and non-returnable orders. Circuit Parts may accept return of certain orders under special circumstance decided by the Circuit Parts team and under case to case basis. Contact a Customer Service Representative for a return request.
Circuit Parts makes every effort to provide current and accurate information relating to prices, but does not guarantee the currency or accuracy of any such information. Prices are subject to change at any time prior to Circuit Parts's completion of your order. In the event Circuit Parts discovers an error in pricing, we will notify Customer of the corrected version, and Customer may choose to accept the corrected version, or cancel the order. Circuit Parts is not responsible for pricing, typographical, or other errors in any communication with the Customer, and reserves the right to cancel any orders arising from such errors. Orders are billed at the prices and currency in effect at the time of shipment. Prices will be as specified by Circuit Parts and will be applicable for the period specified in Circuit Parts's quote. Unless otherwise stated on the quote, quotes are invitations to tender and are subject to change at any time without notice. If no period is specified, quoted prices will be applicable for thirty (30) days. The website reflects the latest pricing information. Prices shown on the website are subject to change without notice. Prices are subject to increase in the event of an increase in Circuit Parts's costs or other circumstances beyond Circuit Parts's reasonable control, including but not limited to, manufacturers' price increases, change in exchange rate, or quoting errors. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, and document fees.
3. TERMS OF PAYMENT
All payments must be made in the currency billed on the original invoice or credit card receipt. Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA, RuPay and Maestro. Credit Card billing information must be verified on new Customers prior to shipment of order. Prepaid Wire Transfer/EFT/Proforma: Customers can wire the funds to our bank. After your order is placed we will e-mail a Proforma invoice which includes our bank information, the merchandise total and shipping charges. We will reserve stock for your order for 72 hours on orders awaiting funds. Orders will be canceled after 72 hours if funds have not been received. For All Orders Customer agrees to pay the entire amount of each invoice from Circuit Parts in accordance with the terms of each invoice, without offset or deduction. If Circuit Parts reasonably believes that the Customer's ability to make payments may be impaired, or if Customer fails to pay any invoice when due, Circuit Parts may suspend delivery of any order, or any remaining balance, until such payment is made, or cancel any order, or any remaining balance. Customer will remain liable to pay for any Products already shipped, and all Non-Standard Products ordered by Customer. Invoices not paid, when due, will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, Circuit Parts may pursue any legal or equitable remedies, in which event Circuit Parts will be entitled to reimbursement of costs for collection and reasonable attorneys' fees.
4. SALES TAX
When required by law Circuit Parts will collect State and/or Local sales taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price of the products subject to an order. Customer will remit the correct tax.
5. DELIVERY AND TITLE
Domestic shipments by Circuit Parts are typically FCA point of shipment from Circuit Parts's facility, and the amount of all transportation charges will be paid to Circuit Parts by the Customer in addition to the purchase price of the Products. Subject to Circuit Parts's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Circuit Parts will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Circuit Parts are estimates only, and that Circuit Parts will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Circuit Parts. Circuit Parts reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
6. LIMITED WARRANTY
Circuit Parts agrees to transfer to Customer whatever transferable warranties Circuit Parts receives from the manufacturer of Products sold to Customer. Circuit Parts makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, CIRCUIT PARTS MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR RESPECTING INFRINGEMENT. Circuit Parts's liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at Circuit Parts's election, with such remedies exclusive, and excluding all others. Customer must notify Circuit Parts within 90 days from date of shipment of any defective product. This warranty excludes any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and Circuit Parts's remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered, or altered in any way.
7. CORPORATE RoHS COMPLIANCE AND LEAD-FREE POLICY
It is the policy of Circuit Parts to identify and offer products to the Customer as RoHS Compliant or Lead Free, only after specific requirements have been met. Circuit Parts performs no testing of product and relies solely on the manufacturer of the product for identification of RoHS Compliance and for absence of lead. Furthermore, Circuit Parts makes no warranty, certification or declaration of compliance concerning said Products. Product is advertised or offered as RoHS Complaint or Lead-Free only after sufficient evidence is received from the component manufacturer; and any inventory, either in a bin or on order, has been determined to be RoHS compliant and/or Lead Free. Any relevant evidence will be filed and maintained for at least four years from the date of receipt. Circuit Parts defines the term "RoHS" as supplier declared compliance to all restricted hazardous substance regulations under the ELV, WEEE or RoHS EU directives, regulations or laws. Circuit Parts defines the term "Lead Free" as pertaining to any product that has been declared by a Supplier to be "Lead Free". All statements by Circuit Parts of RoHS compliance are based on producer documentation.
8. LIMITATION OF LIABILITIES
IN NO EVENT SHALL CIRCUIT PARTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE Including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Circuit Parts for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD CIRCUIT PARTS HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY CIRCUIT PARTS AND INCORPORATED INTO THE CUSTOMER'S PRODUCT.
9. PRODUCT SAFETY NOTICE AND RESTRICTIONS
Products are intended for commercial use only. Products are traceable to the OEM manufacturer and Lot/Date Code where available and when requested at the time of Customer order. Circuit Parts does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Customers are produced by the manufacturer or transcribed from information provided by the manufacturer. Circuit Parts is not a supplier of Qualified Product Listing (QPL) components. Customer agrees that all purchases are for commercial or other applications that do not require QPL components. Any reference to military specifications on our website is for reference only and does not modify these terms and conditions. Circuit Parts does not participate in any product safety engineering, product safety review or product safety testing. CircuitParts cannot provide any safety testing, safety evaluation or safety engineering services. Products sold by Circuit Parts are not designed, intended or authorized for use in life support, life sustaining, human implantable, nuclear facilities, flight control systems, or other applications in which the failure of such Products could result in personal injury, loss of life or catastrophic property damage. This includes, but is not limited to, Class III medical devices as defined by the US Food and Drug Administration (FDA) and Federal Aviation Administration (FAA) or other airworthiness applications. If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer's sole risk; (2) Customer agrees that Circuit Parts and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD CIRCUIT PARTS AND THE MANUFACTURER OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
10. STATEMENTS AND ADVICE
If statements, opinions, or advice, technical or otherwise, are offered, or given to a Customer, such statements, opinions, or advice will be deemed to be given as an accommodation to Customer and without charge. Circuit Parts shall have no responsibility or liability for the content, or use of such statements or advice. Circuit Parts Technical support is provided by telephone and, therefore, extremely limited in scope which prevents us from the direct participation in the design of any Customer products. We do not conduct product suitability studies or engineering reviews of products that we sell, nor for the final product that a Customer produces.
11. NON-CANCELABLE/NON-RETURNABLE PRODUCTS
From time to time, Circuit Parts will notify Customer of a product that is "NC/NR", (Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale. Customer understands that "NC/NR" products are obtained by Circuit Parts from the manufacturer specifically for the Customer. Irrespective of circumstances, the Customer agrees that "NC/NR" products may not be cancelled, returned or rescheduled by the Customer without the agreement of both Circuit Parts's supplier and the written consent of Circuit Parts. Any QML product purchased from Circuit Parts is Non-Cancelable/Non-Returnable. Products labeled as moisture sensitive or Electro-Static Sensitive (ESD) are NC/NR if the packaging has been opened. All products purchased by Customers classified by Circuit Parts as Electronic Component Distributors or Brokers shall be deemed Non-Cancellable/Non-Returnable.
12. INTELLECTUAL PROPERTY
If an order includes software or other intellectual property, such software or other intellectual property is provided by Circuit Parts to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit. Opened software may not be returned unless defective.
13. FORCE MAJEURE
Circuit Parts will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Circuit Parts's time for delivery or performance will be extended by the period of such delay or Circuit Parts may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.
The Terms and Conditions may not be modified or cancelled without Circuit Parts's written agreement. Accordingly, goods furnished and services rendered by Circuit Parts are sold only on the terms and conditions stated herein. The sale of Products hereunder will be governed by these Terms and Conditions, notwithstanding contrary or additional terms and conditions in any purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of Products. Notwithstanding any terms and conditions on Customer's order, the information and conditions on the Credit Application are controlling over Customer and Circuit Parts. Any conflicting statements or terms listed on the Customer purchase orders, invoices, confirmations or other Customer generated documents ("Customer Documents"), whether heretofore or hereafter submitted, are negated by submission of the Credit Application and the issuance of credit by Circuit Parts, and all different or additional terms and conditions contained in any Customer Documents are hereby objected to by Circuit Parts. Circuit Parts's performance of any contract is expressly made conditional on Customer's agreement to Circuit Parts's Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by Circuit Parts. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer's convenience only and shall not be deemed or construed to be acceptance of Customer's terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall be deemed acceptance by Customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Circuit Parts. The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Telangana and the applicable laws of India.