EAGLE TECH, INC. (Eagle Tech, Eagle, Seller/s) TERMS & CONDITIONS GENERAL PROVISIONS If incorrect or missing information is provided by you (Buyer/Purchaser/Customer) on an email, fax, on-line quote or via any other method, the scheduled delivery of your product may be affected as it may take time to get clarification. If you, the customer, gets back to our email request for clarification the same day delays will typically affect an order by zero to 1 day. It is our commitment to you to work to make up this lost time and ship on the original due date whenever possible, but there is no guarantee this will happen. Eagle Tech (Seller) at its discretion can cancel an order or balance of an order at any time. If a payment has been made by you the Buyer, we the Seller will reimbursed in part or total based on product that has been shipped or based on percentage of completion. If an order is canceled or restarted at Buyers request where time, work, or materials has been committed the Buyer is responsible to pay the percentage of completion on that order up to 100% at Sellers discretion.  Buyers can request to cancelled orders only by writing via email and are responsible to insure they receive an acknowledgment of the request, also via email, by Eagle Tech.  If not confirmed back by the Seller, Buyer is responsible to call to verify receipt. The request will be evaluated by Eagle Tech and any cancel charges will be determined and payment is the responsibility of the Buyer. Seller is permitted to sub-contact processes to manufacture the product as it sees fit to meet customer requirements. Seller will conduct its business with Buyer on an honest, proper, and professional basis and Buyer agrees to do the same.  The intent being to have a mutually beneficial relationship. Please note cutoff times must be met to count that day in the turn time. Delays on issues with files sent by customer or waiting for customer responses will effect deliveries. If cutoff times are missed the start of the delivery cycle starts the next day. Note: holidays and weekends are not counted when computing turn times and ship days. Price quotation does not guarantee total order quantity and turn-times. All order price, quantities, and turn-times are subject to: file review, production capacity review, and acceptance by Eagle Tech. All quotes are valid only at the time the quote is completed. Quotes supplied via email or fax (in writing) and not thru. our webpage are valid for a period of 30 days.  If there is a significate change in the price of materials supplied to Eagle Tech, Seller has the option to adjust pricing prior to start of the order.  Any price adjustment must be in writing and approved by Buyer. Eagle does not store, keep, or otherwise promise to inventory any parts or materials unless agreed to in writing by both parties. PRICE Seller’s price does not include state and local sales, use, excise, taxes or duties applicable to the goods or services, if any. 1st order payment terms are typically Credit Card, PayPal, Wire/ACH Transfer, direct bank withdrawal or COD. If credit is granted by Seller to Buyer, Buyer agrees payment will be made by the 30 days terms automatically by Buyer without the need for follow-up by the Seller  Buyer understands and agrees that the Net 30 Day terms are “FIRM” and will be met or credit will be automatically revoked, and orders put on hold. Buyer pays no tooling or NRE’s, as such Seller is holding no property owned by Buyer other than files sent to Seller for purpose of building the Buyers order. Buyer at any time can instruct Seller to delete or destroy files sent by Buyer. Seller agrees to meet this request within 30 days. When made available, any order placed on-line by Buyer is to be considered a Purchase Order by Seller. Any jobs put on hold by Buyer for more than 30 days can be invoiced (if not paid for already) as a percentage of completion. We reserve the right to change price and delivery at any time. If this effects a current order Seller will make this request of Buyer in writing for approval prior to start of order. SHIPMENTS Shipments are made FOB Sellers location. Eagle Tech reserves the right to ship the best way to ensure on-time delivery of your product. Although we always prefer to use the carrier you have requested and your ship account number, we may be forced due to carrier availability to choose another option (FedEx or UPS) to insure your product ships on time. We are assuming what is important is shipping your product on-time unless you instruct us in writing to do otherwise. When we must select another carrier you, the Buyer, agree that we may charge for the cost of this alternative carrier using the same billing method as used when the order was placed. If you instruct us to do otherwise it is understood by all parties that the product may be shipped the next day without ramifications in quoted price. We work very hard to make sure all your PCB orders get shipped on time. There are occasions, however, when the freight carriers have delays and/or make shipment errors. As such, we cannot be responsible for delays cause by act of God or carriers’ issues. As product is shipped FOB Sellers location Buyer ownership and responsibility starts once carrier picks up the product or the Seller drops the product off at the freight carrier. QUALITY Buyer may reject and return non-conformation only after requesting and receiving receipt of an RMA number from Seller. Buyers may only reject products that don’t meet the conditions under which the order is placed. Seller at its sole discretion can repair, replace, or cancel/close the order in part or total. In the case of cancellation or closing short Seller will credit, based on any balance due to Seller by Buyer, or refund proper amount if payment has been made by Buyer and no balanced is owed Seller by Buyer. Seller can perform any tests it deems necessary to verify non-conformity or test functionality and at its discretion has the option to determine if product is nonconforming or not. Eagle Tech electrically tests all boards unless the Technology is so low it is not warranted, or Buyer doesn’t provide the data (net list) to enable testing. Our 94V-0 UL logo and a date code are automatically added to each board manufactured by Eagle. In cases Customer do not want these placed on the boards they “must” notify Eagle, in writing, at time of order. WARRANTY Eagle Tech warranties bare boards sold to Buyer for defects in materials and workmanship for 90 calendar days from date of shipment. At Eagle Tech’s discretion we will replace, repair, or issue credit for any bare boards that are returned and confirmed by Eagle Tech to be non-conforming to the order specifications and/or the applicable quality and acceptability standards.  This limited warranty is governed by and construed under the laws of the State of California. When a product is exchanged, any replacement item becomes the Buyer’s property, and the replaced item becomes Eagle Tech’s property. When a refund is given, the product for which the refund is provided must be returned to Eagle Tech and becomes Eagle Techs’ property. Eagle Tech is not responsible and will not accept liability for “any” cost in addition to the value of the bare boards it supplied including but not limited to components, labor, business interruptions and any other consequential damages or losses. Eagle Tech disclaims any open-ended acceptance of liability for losses beyond the direct control of Eagle Tech. The maximum liability to Eagle Tech is the dollar amount of the “Purchased Order” placed by the Buyer. This limited warranty does not apply: (A) to damage caused by use with non-Eagle Tech products; (B) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (C) to damage caused by use of the product outside the permitted or intended standard/normal industry uses; (D) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Eagle Tech; (E) to a product or part that has been modified to alter functionality or capability without the written permission of Eagle Tech; or (F) to cosmetic damage, including but not limited to scratches or dents, that does not otherwise affect the product’s functionality or materially impair it’s use. To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, Eagle Tech specifically disclaims all statutory or implied warranties, including, without limitation, warranties of merchantability, fitness for a purpose and warranties against hidden or latent defects. If any term of this warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Except as provided in this warranty and to the extent permitted by law, Eagle Tech is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming or reproducing any program or data stored or used with Eagle Tech products. Eagle Tech disclaims any representation that it will be able to make a product exchange without risk to or loss of programs or data. Buyers must assist in diagnosing issues with your bare board and follow Eagle Tech warranty processes. LEGAL Eagle Tech at its sole discretion has the right to refuse any order at any time. If an order is refused any payments made by Buyer/User/Customer will be refunded within 7 working days via charge back to Credit Card used or by check sent via US mail, at Eagles Tech’s discretion. By placing an order with Eagle Tech Buyer agrees to the Terms and Conditions in this document as detailed on our webpage at time the order is placed. Time is of the essence with respect to all matters between Buyer and Seller. Buyer and Seller agree to be timely in responses to resolve any open issues. Seller warrants that all goods and services provided to Buyer will be conveyed with good title, free of any liens, encumbrance and claims of any nature and to the best of our ability in conformance with the specifications provided by Buyer and/or detailed in the ordering process. Buyer agrees that Sellers total and complete liability, in “any” case, is limited to the dollar amount of the order placed by Buyer. The Purchase Order and relationship between Buyer and Seller shall be construed under and governed by the laws of the State of California. In the event of a controversy, dispute or difference arising out of the Purchase Order or the legal relations between the parties (the “Dispute”). If the parties cannot amicably resolve the Dispute, then the parties’ sole recourse is to submit such Dispute to final and binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”). The decision of the Arbitrator is final but the total of any judgement, in “any” case, cannot exceed the original cost of the Purchase Order or Orders. The Buyer cannot and agrees, will not, bring a claim, of any nature, that is less than five thousand US dollars ($5,000.00) against the Buyer and the claim must be equal to or less than amount a Purchase Order or Order in Dispute. A claim against the Seller can only be made one purchase order at a time. Each purchase order stands alone for a claim. The Terms and Conditions related to Purchase Order/s contained herein constitutes the entire agreement between Seller and Buyer unless agreed to in another document in writing and signed by the President or Vice President of Eagle Tech inc. Whenever possible, each provision of the Purchase Order shall be interpreted in such manner as to be effective and valid under applicable Law. If any specific item is held to be invalid the remainder of the Terms and Conditions remain enforce. Titles are provided for convenience and do not affect the agreement. By placing an order/Purchase Order on-line or direct order via email, fax, mail, in person, or any other method both Buyer and Seller agree to the Terms and Conditions on the Eagle Tech website at the time the order is placed. Plan your printed circuit board manufacturing orders by reading this terms and conditions document. Before you place an Order, you need to read the information on this page and in completing the Order/Purchase Order/Online Order, understand and agree you are agreeing to Eagle Tech’s terms and conditions on our webpage at the time of the order. Eagle Tech reserves the right to change these Terms and Conditions at any time without prior notice. In the event changes are made, the revised Terms and Conditions shall be posted on this website immediately.