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參數(shù)資料
| 型號： | IT8712F |
| 英文描述： | EC-LPC I/O Programming Guide EC-v0.2 | PC Product Line |
| 中文描述： | 歐盟預(yù)測編碼的I / O編程指南歐共體v0.2 |個人電腦產(chǎn)品線 |
| 文件頁數(shù)： | 29/30頁 |
| 文件大?。?/td> | 311K |
| 代理商： | IT8712F |
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INTEGRATED TECHNOLOGY EXPRESS, INC. TERMS AND CONDITIONS OF SALE (Rev: May ‘98)
These Terms and Conditions of Sale apply to all items designed, sold and/or made by Integrated Technology Express, Inc. (“ITE Taiwan”) and/or
Integrated Technology Express, Inc. (“ITE California”), and Buyer agrees they apply to all such items.
0.
PARTIES
ITE Taiwan is a company headquartered in the Republic of China,
Taiwan, and incorporated under Taiwan law, and ITE California is a separate
company incorporated under California law and headquartered in California.
These two companies are independent, and, except as to the entity which
invoices for goods delivered to it, Buyer holds no rights against and has no
commitments from ITE California and/or ITE Taiwan. Subject to the foregoing,
“Seller” refers to the entity which invoices Buyer for product, provided
however that both ITE Taiwan and ITE California shall each be entitled to
claim protection under paragraphs 4(b)-4(f), 5, 8, 9, 10, 11, 12 and 13 below.
1.
ACCEPTANCE OF TERMS
BUYER ACCEPTS THESE TERMS (i) BY WRITTEN ACCEPTANCE
(BY PURCHASE ORDER OR OTHERWISE), OR (ii) BY FAILURE TO
RETURN GOODS DESCRIBED ON THE FACE OF THE PACKING LIST
WITHIN FIVE DAYS OF THEIR DELIVERY.
2.
DELIVERY
(a)
Delivery will be made Free Carrier (Incoterms), Seller's warehouse,
Science-Based Industrial Park, Taiwan (if Seller is ITE Taiwan or ITE
California) or Santa Clara, California (if Seller is ITE California).
(b)
Title to the goods and the entire risk will pass to Buyer upon delivery to
carrier.
(c)
Shipments are subject to availability. Seller shall make every
reasonable effort to meet the date(s) quoted or acknowledged; and if Seller
makes such effort, Seller will not be liable for any delays.
3.
TERMS OF PAYMENT
(a)
Terms are as stated on Seller's quotation, or if none are stated, net
thirty (30) days. Accounts past due will incur a monthly charge at the rate of
one percent (1%) per month (or, if less, the maximum allowed by applicable
law) to cover servicing costs.
(b)
Seller reserves the right to change credit terms at any time in its sole
discretion.
4.
LIMITED WARRANTY
(a)
Seller warrants that the goods sold will be free from defects in material
and
workmanship
and
comply
with
Seller's
applicable
published
specifications for a period of ninety (90) days from the date of Seller’s
delivery.
(b)
Goods or parts which have been subject to abuse (including without
limitation repeated or extended exposure to conditions at or near the limits of
applicable absolute ratings) misuse, accident, alteration, neglect, or
unauthorized repair or improper application are not covered by any warranty.
No warranty is made with respect to custom products or goods produced to
Buyer's specifications (unless specifically stated in a writing signed by Seller).
(c)
No warranty is made with respect to goods used in devices intended
for use in applications where failure to perform when properly used can
reasonably be expected to result in significant injury (including, without
limitation, navigation, aviation or nuclear equipment, or for surgical implant or
to support or sustain life) and Buyer agrees to indemnify, defend, and hold
harmless Seller from all claims, damages and liabilities arising out of any
such uses.
(d)
This Paragraph 4 is the only warranty by Seller with respect to goods
and may not be modified or amended except in writing signed by an
authorized officer of Seller.
(e)
Buyer acknowledges and agrees that it is not relying on any
applications, diagrams or circuits contained in any literature, and Buyer will
test all parts and applications under extended field and laboratory conditions.
Notwithstanding any cross-reference or any statements of compatibility,
functionality, interchangeability, and the like, the goods may differ from
similar goods from other vendors in performance, function or operation, and
in areas not contained in the written specifications, or as to ranges and
conditions outside such specifications; and Buyer agrees that there are no
warranties and that Seller is not responsible for such things.
(f)
EXCEPT
AS
PROVIDED
ABOVE,
SELLER
MAKES
NO
WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY;
AND
SELLER
EXPRESSLY
EXCLUDES
AND
DISCLAIMS
ANY
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE OR APPLICATION.
5.
LIMITATION OF LIABILITY
(a)
Seller will not be liable for any loss, damage or penalty resulting from
causes beyond its reasonable control, including but not limited to delay by
others, force majeure, acts of God, or labor conditions. In any such event,
the date(s) for Seller's performance will be deemed extended for a period
equal to any delay resulting.
(b)
THE LIABILITY OF SELLER ARISING OUT OF THE CONTRACT OR
ANY GOODS SOLD WILL BE LIMITED TO REFUND OF THE PURCHASE
PRICE OR REPLACEMENT OF PURCHASED GOODS (RETURNED TO
SELLER FREIGHT PRE-PAID) OR, WITH SELLER’S PRIOR WRITTEN
CONSENT, REPAIR.
(c)
Buyer will not return any goods without first obtaining a customer
return order number.
(d)
AS A SEPARATE LIMITATION, IN NO EVENT WILL SELLER BE
LIABLE FOR COSTS OF SUBSTITUTE GOODS; FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES; OR LOSS OF
USE, OPPORTUNITY, MARKET POTENTIAL, AND/OR PROFIT ON ANY
THEORY (CONTRACT, TORT, FROM THIRD PARTY CLAIMS OR
OTHERWISE). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
(e)
No action against Seller, whether for breach, indemnification,
contribution or otherwise, shall be commenced more than one year after the
cause of action has accrued, or more than one year after either the Buyer,
user or other person knew or with reasonable diligence should have known
of the matter or of any claim of dissatisfaction or defect involved; and no such
claim may be brought unless Seller has first been given commercially
reasonable notice, a full written explanation of all pertinent details, and a
good faith opportunity to resolve the matter.
(f)
BUYER EXPRESSLY AGREES TO THE LIMITATIONS OF THIS
PARAGRAPH 5 AND TO THEIR REASONABLENESS.
6.
SUBSTITUTIONS AND MODIFICATIONS
Seller may at any time make substitutions for product ordered which do
not materially and adversely affect overall performance with the then current
specifications in the typical and intended use. Seller reserves the right to halt
deliveries and shipments and alter specifications and prices without notice.
Buyer shall verify that the literature and information is current before
purchasing.
7.
CANCELLATION
(a)
The contract may not be canceled by Buyer except with written
consent by Seller and Buyer's payment of reasonable cancellation charges
(including but not be limited to expenses already incurred for labor and
material, overhead, commitments made by Seller, and a reasonable profit).
(b)
In no event will Buyer have rights in partially completed goods.
8.
INDEMNIFICATION
Seller will, at its own expense, assist Buyer with technical support and
information in connection with any claim that any parts as shipped by Seller
under this purchase order infringe any valid and enforceable copyright, or
trademark, provided however, that Buyer (i) gives immediate written notice to
Seller, (ii) permits Seller to participate and to defend if Seller requests to do
so, and (iii) gives Seller all needed information, assistance and authority.
However, Seller will not be responsible for infringements resulting from
anything not entirely manufactured by Seller, or from any combination with
products, equipment, or materials not furnished by Seller. Seller will have no
liability with respect to intellectual property matters arising out of products
made to Buyer's specifications, code, or designs.
Except as expressly stated in this Paragraph 8 or in another writing signed by
an authorized officer, Seller makes no representations and/or warranties with
respect to intellectual and/or industrial property and/or with respect to claims
of infringement. Except as to claims Seller agrees in writing to defend,
BUYER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER
FROM ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING
ATTORNEYS FEES) AGAINST AND/OR ARISING OUT OF GOODS SOLD
AND/OR SHIPPED HEREUNDER.
9.
NO CONFIDENTIAL INFORMATION
Seller shall have no obligation to hold any information in confidence
except as provided in a separate non-disclosure agreement signed by both
parties.
10.
ENTIRE AGREEMENT
(a)
These terms and conditions are the entire agreement and the only
representations and understandings between Seller and Buyer, and no
addition, deletion or modification shall be binding on Seller unless expressly
agreed to in a writing signed by an officer of Seller.
(b)
Buyer is not relying upon any warranty or representation except for
those specifically stated here.
11.
APPLICABLE LAW
The contract and all performance and disputes arising out of or relating
to goods involved will be governed where Seller is ITE Taiwan by the laws of
Taiwan, Republic of China or, where Seller is ITE California, by the laws of
California and the United States of America, in either event without reference
to the U.N. Convention on Contracts for the International Sale of Goods or to
conflict of laws principles. Buyer agrees at its sole expense to comply with all
applicable laws in connection with the purchase, use or sale of the goods
provided hereunder and to indemnify Seller from any failure by Buyer to so
comply. Without limiting the foregoing, Buyer certifies that no technical data
or direct products thereof will be made available or re-exported, directly or
indirectly, to any country to which such export or access is prohibited or
restricted under U.S. law or regulations, unless prior authorization is obtained
from the appropriate officials and agencies of the government as required
under U.S. laws and regulations.
12.
JURISDICTION AND VENUE
Where Seller is ITE Taiwan, the courts located in Hsinchu, Taiwan,
Republic of China, will have the sole and exclusive jurisdiction and venue
over any dispute arising out of or relating to the contract or any sale of goods
hereunder. Where Seller is ITE California, the courts located in Santa Clara
County, California, USA, will have the sole and exclusive jurisdiction and
venue over any dispute arising out of or relating to the contract or any sale of
goods hereunder. Buyer hereby consents to the jurisdiction of such courts.
13.
ATTORNEYS' FEES
Reasonable attorneys' fees and costs will be awarded to the prevailing
party in the event of litigation involving and/or relating to the enforcement or
interpretation of the contract and/or any goods sold under it.
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