STANDARD TERMS & CONDITIONS
PAYMENT TERMS: 0 Net 30 Days.
- General: This quotation is valid for a period of thirty (30) days, and applies only to those quantities and delivery schedule shown above.
- Purchase Orders: CUSTOMER will issue a Purchase Order (PO) for the quantity / price column of the quotation. Orders are non-cancelable and non-returnable. Any Non Recurring Expenses (NRE) shown on the quotation are due upon acceptance of this agreement. Please reference the quotation number and date on all Purchase Orders (PO). All PO’s are subject to review prior to acceptance. Any change from the existing product or test configuration may have a cost impact. Any such costs will be notified to CUSTOMER prior to implementation.
Cost Overrun: A cost modification may be required during or after the performance of an order. Such cost will be invoiced as a separate line item with the respective products if required. These costs may include, but are not limited to Engineering Change Orders, component costs and MPQ, delivery schedule modifications, test times and excessive failures. An equitable and fair cost adjustment will include a full description of the cause. Only items that SIBEX has no control over will be subject to a cost adjustment. SIBEX will make all reasonable efforts to inform the CUSTOMER of possible cost overruns; however, SIBEX may or may not be able to forecast a cost impact prior to incurring the cost. The following outlines potential cost overrun generators, and limits where applicable.
- Change Orders: In process change orders may have a charge per component that is affected (removal / placement), plus a component cost delta. Component additions, value changes, or deletions may have a one time charge, no less than $150.00, plus the cost that may be included in Component costs for items affected by an ECO.
- Component Costs: If the total components costs increase over 2%, such cost overrun will be invoiced to the CUSTOMER. Regarding Minimum Purchase Quantity (MPQ) materials / components, see NOTES above.
- Delivery Schedule Modifications: Order expedites may have a cost overrun charge for freight in, subcontractors quick turn premiums (i.e. PCB vendors, stencil vendors), and SIBEX overtime charges. SIBEX Overtime charges will be estimated on request when expedite orders are required. Delayed orders may be subject to a cost overrun charge per month each month the order is delayed past the scheduled delivery date. SIBEX will work with the customer to attempt to push-pull without additional charges.
- Test times: In some cases, the test time is estimated in the quotation. These estimates are typically accurate, however if actual test times exceed estimates, a cost overrun, based on time delta, may apply. Excessive failures at test, potentially due to test specification tolerances or product tolerance “stack up” requiring excessive test or rework time may be subject to a cost overrun.
- Procurement: SIBEX will not substitute equivalent brands for the specified brands without the prior written approval of the CUSTOMER. SIBEX agrees to take all reasonable precautions to assure an uninterrupted supply of needed components; however, the parties agree that SIBEX will not be responsible for adverse market conditions that may create shortages and allocations.
- Labeling: SIBEX will label all units as required by CUSTOMER as shown in the assembly drawings and fabrication specifications. In addition, the following labels/markings may be added to the units: (1) BARCODE PRODUCT ID: Label for identification, serial and lot number, (2) QUALITY/INSPECTION/TEST stamp(s) and/or initials, (3) OTHER: The PCB manufacturer may add additional markings.
- Delivery: All shipments will be FOB SIBEX dock via carrier specified by CUSTOMER. Accordingly, title and risk of loss shall pass to Buyer upon delivery of products by SIBEX to the carrier. If products are shipped via SIBEX shipper accounts, all shipping costs including shipping insurance will be invoiced to CUSTOMER at the direct cost incurred. Futhermore, SIBEX shall be entitled to make partial shipments against CUSTOMER orders.
- Returns: Returns are reviewed on a case-by-case basis and at the discretion of the Seller. Authorization and shipping instructions for the return of any Products must be obtained from the Seller, in the Seller’s sole discretion, before returning the Products. Unless an authorized return is occasioned due to a breach of warranty by the Seller, a restocking fee of twenty-five percent (25%) of the purchase price for custom Products and twenty percent (20%) of the purchase price of all other Products shall be paid by the Buyer upon or prior to such return. When an authorized return is occasioned due to breach of warranty by the Seller, full credit for all reasonable transportation charges incurred by the Buyer will be allowed. A credit for the value of the returned item will be issued and can be used for future orders. No returns accepted after 15 days.
- Disclaimer: The CUSTOMER must indemnify and hold SIBEX and any of its affiliates harmless from and against any and all claims, liabilities or damages including, without limitation, attorney’s fees and expenses, which may result from or arise out of the development, design, production, manufacture, use or sale.
- Limited Warranty: SIBEX is to produce custom goods per CUSTOMER’s written specifications only and does not warranty the operation, fitness, assembly or products in which the goods are used. SIBEX will repair goods (no charge backs), upon inspection by SIBEX, which proves to be defective workmanship within ninety (90) days from the date of shipment. Any goods showing evidence of non-factory authorized repair, alterations or damage due to accident, installation, or abuse will not be covered by this warranty.
- Acceptance: All quotations and sales are made upon these terms and conditions. This document is a rejection of any other terms and conditions; nor shall any purchase order or other CUSTOMER document be deemed an offer or counter-offer to this document. The CUSTOMER, by accepting any goods, making any payments, or ordering any goods having previously received these terms and conditions, will be deemed to have assented to these terms and conditions.
- Pricing: The pricing as noted above is based on the RFQ submitted for the referenced products and specific quantities so that SIBEX can procure a proportional amount of raw material to manufacture accordingly.
- Testing: Testing is defined as per above. All testing is based on current test procedures for the referenced assemblies. CUSTOMER is to provide test procedure and/or test fixture for functional testing, or the fixture can be quoted as a separate item.
- Workmanship Standards: All work shall meet IPC-A-610, rev D, Class 2 standards unless otherwise stated. The Assembly process may include auto and manual placement / insertion, reflow, wave solder and hand soldering. No-clean type fluxes will be used in all soldering operations unless otherwise indicated. All quotes are non-RoHS lead-based unless otherwise stated. Programming of IC’s or conformal coating are not included unless otherwise stated.
- Acceptance criteria: Acceptable units are those that are built in accordance with CUSTOMER supplied documentation and procedures. Product manufactured but not subject to any test at SIBEX will be limited to visual inspection. In cases where the CUSTOMER’s in-house test is different than a CUSTOMER-supplied test performed by SIBEX, failure to pass CUSTOMER test after having successfully passed SIBEX production tests shall not constitute grounds for rejection by CUSTOMER QA.
- Lead Time: Initial delivery lead-time is anticipated to be 6-8 weeks from order acceptance; however, actual lead times are based upon raw components availability at time of order. First Article approvals required by CUSTOMER must be acknowleded separately on Purchase Order.
Order Acknowledgement: CUSTOMER will be provided an Order Acceptance Form within 3 working days after receipt of a CUSTOMER Purchase Order based on this quotation. This acknowledgement form will either:
- Confirm and accept the purchase order
- Conditionally accept the order, in which case SIBEX will need additional information or modifications to the purchase order prior to acceptance of the purchase order
- Decline the purchase order
- Minimum Buy of Materials: Materials / Components that have standard package sizes where additional parts must be purchased above the quantity needed to satisfy orders (i.e. Excess Material Costs), will be invoiced ninety (90) days after completion of the order at the purchase cost, provided future orders are not placed within ninety (90) days. Such components may be returned or kept in SIBEX’s CUSTOMER-specific component inventory area upon mutual approval of a component stocking agreement.
- Certifications: Unless specifically noted in this quotation, SIBEX does not provide compliance testing or product certifications that may be required for the use of, or operation of, products contained in the quotation by any private, public or governmental agency.
- Packaging: Product will be packaged to prevent physical shipping damage and to protect from static damage.
- Document Control: SIBEX charges an ISO 9001 documentation fee to cover the initial costs of inputting the bill of materials and assembly documentation into SIBEX’s MRP and quality system, which ensures accuracy and minimizes production issues. This quotation is based on the information and/or document groups provided by the CUSTOMER at time of quote. Purchase Orders that cause a cost impact to SIBEX due to incomplete or updated documentation will require a cost overrun and/or unit price adjustment.