Standard Terms and Conditions of
Sale
Acceptance of Orders. These Terms and Conditions control
all sales of Products and Services by VersaLogic to Buyer. VersaLogic
reserves the right to review and decline any order.
Shipping Terms. Packaging and means of shipment shall
be determined by VersaLogic unless otherwise agreed. Terms of delivery
shall be F.O.B. VersaLogic' s place of business, via common carrier, freight
prepaid or freight collect to destination. If shipped freight prepaid,
the charge for freight will be added to the invoice. Title and risk of
loss or damage to the shipped products will pass to purchaser upon VersaLogic'
s delivery of the ordered products to the carrier for shipment, and no
loss or damage in shipping or handling will relieve purchaser of any obligation
hereunder, including without limitation payment for lost or damaged products.
If shipment of any ordered products is delayed at purchaser' s request,
VersaLogic may invoice purchaser for such products, and risk of loss of
such products shall pass to purchaser, on the date that VersaLogic is
prepared to make shipment to purchaser.
International Terms. International orders must be shipped
on customer' s carrier at their account. Return shipping costs for RMAs
(warranty or non-warranty) are for the consignee's account.
Payment Terms. Subject to credit approval, payment
terms are NET 30 calendar days from date of invoice. Wire transfers, credit
card payment, and COD may also be acceptable, however, additional fees
may apply.
RMA Procedures. All products are thoroughly tested before
shipping. In the unlikely event of a problem, contact VersaLogic Technical
Support for a Return Materials Authorization (RMA) number before returning
any product(s) for service. Technical Support will require product serial
number(s), a description of the problem, and an explanation of steps taken
to try to resolve the problem. Shipping of the product to VersaLogic is
paid for by the customer. An evaluation fee is applied to any board returned
without an explanation of the nature of the failure. The fee applies whether
or not the board is under warranty. If the board is under warranty, all
material and labor for repairs will be fully covered under warranty, but
the evaluation fee will be applied. This fee is avoided by supplying VersaLogic
with an accurate description of the problem.
Repair & Return Policy. All VersaLogic repairs are
warranted to be free of defects in workmanship for 90 days or the remainder
of the original warranty period, whichever is greater, subject to the
terms of limited warranty below. Returns will be subject to a restocking
fee. Product(s) must be returned unopened and undamaged within 30 days
of original shipment. Product returned after 30 days, even in unopened
condition, is not eligible for return. Please contact VersaLogic Corporation
to arrange a return.
Return Shipping. Warranty repairs will be returned
to customers via UPS Ground service at VersaLogic's expense. Customers
wishing an alternative shipping method must notify VersaLogic Customer
Support at the time RMA is requested. Additional charges may apply. If
the repair is not covered by warranty Customer will be billed for return
shipping charges.
Limited Warranty. VersaLogic warrants that the products
will be free from material defects in workmanship, materials and media,
for the following periods of time after shipping: with respect to EBX,
PC/104, PC/104-Plus, and EPIC board-level products manufactured
by VersaLogic, 2 years; with respect to software, 1 year. Calibration
of analog cards, and consumable products (including without limitation
batteries, fuses, etc.), are provided "as is" and without warranty
by VersaLogic of any kind. Upon written notice from purchaser of defects
covered by this warranty, and upon return of defective product at purchaser's
expense under VersaLogic's RMA Procedures, VersaLogic will repair or replace,
at its option, any product determined to be materially defective in workmanship,
materials or media, and if such products cannot be repaired or replaced
within a reasonable time VersaLogic shall refund to purchaser the purchase
price paid for such product. Repairs requiring third party supplied components,
assemblies and other materials shall be subject to market availability.
In the event that a product has been subjected to misuse, abuse, neglect,
alteration, improper maintenance or storage, or repair not expressly authorized
by VersaLogic, the foregoing warranty with respect to such product shall
be void. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE ORDERED PRODUCTS
ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND VERSALOGIC
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR
ADEQUACY FOR ANY PARTICULAR PURPOSE, QUALITY, PRODUCTIVENESS OR CAPACITY,
AND DOES NOT WARRANT THAT THE OPERATION OF THE PURCHASED PRODUCTS WILL
BE ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL VERSALOGIC
BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING
WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT
DAMAGES UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM MALFUNCTION OR DEFECTS
IN THE PURCHASED PRODUCTS, OR NON-DELIVERY OF THE PURCHASED PRODUCTS,
EVEN IF VERSALOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, VERSALOGIC'S MAXIMUM LIABILITY HEREUNDER SHALL BE LIMITED
TO AMOUNTS ACTUALLY PAID BY PURCHASER TO VERSALOGIC FOR UNREPAIRABLE OR
UNREPLACEABLE PRODUCTS THAT ARE MATERIALLY DEFECTIVE IN WORKMANSHIP, MATERIALS
OR MEDIA. The foregoing limitation of liability and exclusion of certain
damages shall apply regardless of the success or effectiveness of other
remedies.
Applicable Law. Any dispute between the parties relating
to sale of VersaLogic products shall be subject to Oregon law, and exclusive
venue for any dispute shall be in Lane County, Oregon.
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Open Account Application
All credit sales are on a "Net 30" basis, and credit will be granted
for 30 days from date obligation is incurred (shipment date). Amounts
due on account, for which payments reach VersaLogic within the specified
30 day period, will not be subject to any additional interest or carrying
charges. For any payment reaching VersaLogic after the date due, accounts
will be charged interest on the amount due from the date that the debit
was incurred. Should receipt of payment not be received when due, the
interest and late charges assessed by VersaLogic are due immediately upon
notification of such charges. Further, if any payment on an account is
not paid by the date due (including regular and late charge invoices),
any additional costs of collecting such amounts, including attorney's
fees and court costs will be assessed.
The minimum order to open an account needs to be at least $2,500. For orders under $2,500, a credit card, prepayment, or COD may be used. The credit application review processing normally requires 7–10 business days to complete.
VersaLogic Corp. Online Credit Application
(to be printed and faxed for processing)
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