Terms & Conditions
Minimum Orders: eUrasia Power has no minimum order
size. We can deliver any quantity you need. Orders may be accepted or declined
at the time they are placed. All orders placed verbally must be followed by written
confirmation. All orders must have scheduled delivery dates.
Lead-time:
eUrasia Power's lead-time to deliver products not in stock is usually 4~6 weeks after
receipt of order. This lead-time is subject to change depending on availability of
components such as FET's or electrolytic capacitors.
Scheduling
Orders: Products scheduled to ship within a 30-day (30) window from original
ship date on P.O. are non-cancelable. Products scheduled to ship within a 1-29 day window
may be rescheduled, but the product must be taken within three months of the original
scheduled date and may only be rescheduled only one time.
Pricing and
Delivery: Scheduled orders must be shipped in full over a 12-month period. If the
amount scheduled by the customer and delivered by eUrasia Power within this period is less
than the amount ordered, or if cancellation occurs, a bill-back invoice will be issued
reflecting the difference in price between the quantities ordered and the quantity
delivered. eUrasia Power expressly disclaims any representation or warranty concerning
"most favored customer" pricing which may appear in any of Customer's documents
in connection with the sale of any Goods by eUrasia Power to Customer.
Payment Terms:
The customer shall apply for a credit line with eUrasia Power by providing three (3)
trade references and bank account information to eUrasia Power's accounting department
prior to product being shipped.
With eUrasia Power's approval, payment terms are net
thirty (30) days from date of eUrasia Power's invoice. eUrasia Power shall
have the right, among other remedies, either to terminate this sale or to stop products in
transit in the event Buyer fails to make any payment when due. Buyer shall be liable for
all expenses, including attorneys' fees, relating to the collection of past due amounts.
If any payment owed to eUrasia Power is not paid when due, it shall bear interest, at a
rate to be determined by eUrasia Power, which shall not exceed the maximum rate permitted
by law, from the date on which it is due until it is paid.
Should customer's financial condition become
unsatisfactory to eUrasia Power, cash payments or security satisfactory to eUrasia Power
may be required by eUrasia Power prior to shipment or future deliveries of products.
If such cash payment or security is not provided, in addition to eUrasia Power's other
rights and remedies, eUrasia Power may discontinue deliveries.
Customer hereby grants eUrasia Power a security interest
in all products sold to Customer by eUrasia Power, which security interest shall continue
until all such Products are fully paid for in cash, and Buyer, upon eUrasia Power's
demand, will execute and deliver to eUrasia Power such instruments as eUrasia Power
requests to protect such security interest.
Payment
Terms for International Accounts The terms of payment shell be either letter
of credit or bank-to-bank wire transfer. Any other method of payment will require prior
approval by eUrasia Power.
Shipping: Unless
other arrangements are approved by eUrasia Power, all shipments will be FOB Camarillo,
California. Title to product shall pass to customer immediately upon acceptance by common
carrier. Customers may designate specific carriers and international customers may specify
a freight forwarding agent. If customer does not specify a carrier, eUrasia Power
will deliver the Products to a carrier chosen by eUrasia Power on customers behalf.
In either case, any claims for shortages or damages suffered in transit are the
responsibility of the customer and shall be submitted by the customer directly to the
carrier. Shortages or damages must be acknowledged and signed for at the time of delivery.
Customer shall inspect the Products delivered to it by eUrasia Power immediately upon
receipt and failure of customer to give eUrasia Power notice of any claim within thirty
(30) days after receipt of such Products shall be an unqualified acceptance of such
Products. While eUrasia Power will use all reasonable commercial efforts to ship in
accordance with the delivery date(s) acknowledged or quoted by eUrasia Power, all shipping
dates are approximate and not guaranteed. eUrasia Power reserves the right to make partial
shipments. If the Customer's order does not contain shipping instructions, the Customer
will pay freight charges at the rates applicable on the date of shipment. Such freight
charges will be included on the invoice for the Products. Freight and other transportation
charges incurred in connection with shipping instructions specified by Buyer will be at
Buyer's expense and such shipments will be made COLLECT.
Taxes: eUrasia
Power shall bear all taxes, levies, duties or fees of any kind, nature or description for
delivery of products from its manufacturing facilities in China to eUrasia Power's
warehouse facilities in Camarillo, California. Customer shall bear the cost of any taxes,
levies, duties or fees of any kind, nature or description whatsoever incurred thereafter
as a result of the sale of any products by eUrasia Power to the customer. All such sums
shall be paid forthwith by customer to eUrasia Power upon demand, unless customer shall
provide eUrasia Power with appropriate tax exemption certificates or licenses.
Claims:
Customer agrees to inspect the delivered Goods for conformity to Customer's order promptly
upon delivery. Customer shall have a period of thirty (30) days from eUrasia Power's
shipment of the Goods to reject the Goods or otherwise provide eUrasia Power with written
notice of any claim associated with the conformity of the Goods to Buyer's order or any
applicable specifications. If no such rejection or notice has been received by eUrasia
Power within such 30 day period, Customer shall be deemed to have accepted the Goods and
waived any claims (other than warranty and patent infringement claims which shall be
unaffected) associated with conformity of the Goods to Customer's order and any packaging,
shipping and handling or delivery specifications of Customer. No charge or expense
incident to any claims will be allowed unless approved by eUrasia Power. Goods shall
not be returned to eUrasia Power without eUrasia Powers prior permission, and then only in
the manner prescribed by eUrasia Power. No claim shall be allowable if the goods have been
modified in any manner.
Force Majeure: Any delay or failure in
performance hereunder by a party of parties hereto shall be excused if and to the extent
caused by occurrences beyond such party's control, including, without limitation,
accident, fire, flood, earthquake, act of God, war, riot, civil commotion, strikes or
other labor disturbances, embargo, fuel, electricity shortages, material and supply
shortages or transportation delays whether similar or dissimilar to those already
specified, which cannot be controlled by such party.
Severability:
If any term or condition of sale is held invalid, illegal or unenforceable by a court of
competent jurisdiction, such term or condition shall be deemed severed from the rest of
these terms and conditions in that jurisdiction. The legality, validity and enforceability
of the remaining terms and conditions shall not in any way be affected or impaired.
Assignment:
Customer may not assign any provisions of this Agreement nor any rights or obligations
accruing hereunder without the prior written consent of the eUrasia Power which shall not
be unreasonably withheld. Any attempt at such assignment or transfer without said
prior consent shall be void.
Entire
Agreement: Upon acceptance by Customer, these terms and conditions
(and any Schedules, Attachments or Exhibits attached hereto or referenced herein and any
special terms provided in eUrasia Power's quotation or order acknowledgement) shall set
forth the entire, final and complete agreement and understanding among the Customer and
eUrasia Power with respect to the sale of the Goods, and merges and supersedes all prior
and contemporaneous discussions, agreements and understandings of every kind and nature
among the parties as to the Goods. This agreement shall not be modified, varied or
supplemented by any course of dealing, usage of the trade or otherwise except by a writing
signed by the parties hereto.
Governing Law:
This Agreement shall be governed, construed and enforced solely by the Laws of the State
of California (where the principal corporate offices of Seller are located) as if this
contract were being performed wholly within the State of California. Customer and eUrasia
Power further agree that venue for any action to enforce or interpret this Agreement shall
be in a court of competent jurisdiction located in the City and County of Ventura,
California and each of the parties consents to the jurisdiction of such court in any such
action or proceeding and waives any objection to venue resting therein. THE RIGHTS AND
OBLIGATIONS OF THE PARTIES IN CONNECTION WITH THE SALE OF THE GOODS HEREUNDER SHALL NOT BE
GOVERNED BY THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE (UCC) OR ANY STATE VERSION OF
THE UCC.
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