Terms Conditions of Sale
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of Services (“Services”) by IC Outlets. Services are defined as any service and/or content IC Outlets makes available to or performs for Customer, as well as materials displayed, transmitted or performed on the website (www.icoutlets.com). These terms and conditions (“Agreement”) take precedence over Customer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither IC Outlets’s commencement of performance or delivery shall be deemed or construed as acceptance of Customer’s supplemental or conflicting terms and conditions. IC Outlets’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Customer’s acceptance of the Products and/or Services from IC Outlets shall be deemed to constitute acceptance of the terms and conditions contained herein. These terms are subject to change and may be revised at any time. All revisions will be effective upon IC Outlets posting updated terms to its website.
Orders
All orders placed with IC Outlets, including those for Chip Outpost Products and through any webstore that may be branded using the names of other entities and embedded in the websites of those other entities, are subject to and governed solely by the terms of these “Conditions of Order.” Any purported change or additional terms submitted by a customer in any additional documentation is hereby expressly rejected. Orders submitted with any additional or different terms and conditions deviating from or conflicting with these Conditions of Order may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and the Conditions of Order will be the sole terms governing the order. All other terms and conditions are expressly rejected by IC Outlets. Notwithstanding anything to the contrary in any documents exchanged between IC Outlets and you, the IC Outlets entity which fulfills your order shall be the legal entity to which all of IC Outlets’s rights and obligations under these Conditions of Order shall refer to, and no other IC Outlets affiliate or related entity shall have any obligations or liability with respect to such transaction or order.
All orders placed by Customer are subject to acceptance by IC Outlets. All orders must identify the products, unit quantities, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that IC Outlets accepts the purchase order. IC Outlets may in its sole discretion allocate Product among its Customers. IC Outlets may designate certain Products and Services as non-cancelable, non-returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in IC Outlets’s NCNR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. NCNR Orders may not be cancelled or rescheduled without IC Outlets’s written consent.
Quantity Limitations
IC Outlets may limit or cancel quantities available for purchase on any order on any basis, and may alter the availability or duration of any special offers at any time. IC Outlets may reject any order, or any part of an order. IC Outlets has the sole right to allocate Products among its customers, in IC Outlets’s sole discretion.
Price
IC Outlets makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information.
The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in IC Outlets’s cost, change in market conditions or any other causes beyond IC Outlets’s reasonable control. Price quotations shall automatically expire in fifteen (15) days from the date issued, or as otherwise stated in the quotation.
Taxes
Unless otherwise agreed to in writing by IC Outlets, all prices quoted include freight and shipping costs and sales tax, compliant with federal, state, and local tax regulations. All prices quoted are exclusive of insurance costs. Customer agrees to indemnify and hold IC Outlets harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on IC Outlets’s invoice.
Terms of Payment
Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Customer). Where IC Outlets has extended credit to Customer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. If Customer fails to make each payment when it is due, IC Outlets reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which IC Outlets has extended credit to Customer. In the event of default by Customer, IC Outlets shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
At any time, IC Outlets may change the terms of Customer’s credit. IC Outlets may apply payments to any of Customer’s accounts. If Customer defaults on any payment, IC Outlets may reschedule or cancel any outstanding delivery or Order and declare all outstanding invoices due and payable immediately. Unless otherwise provided by applicable law, Customer credits provided by IC Outlets will expire if unused within 12 months.
Delivery & Title
All deliveries from IC Outlets to a Customer’s delivery location are in accordance with Incoterms 2010 FCA (“Free Carrier”) unless otherwise specified in writing. Title & risk of loss pass to the Customer upon delivery to the carrier. IC Outlets’s delivery dates are estimates only and IC Outlets is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of IC Outlets, nor shall the carrier be deemed an agent of IC Outlets. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
Product Returns, Refunds & Exchanges
Returns Returns must be initiated within 30 days of purchase. Only products originally shipped from IC Outlets will be considered for return to IC Outlets. By a Customer requesting return of products to IC Outlets, the Customer certifies that the products were purchased from IC Outlets and there has been no substitution of the product from another supplier, distributor or other source of the product, including a dropship partner. Returns must be for products that are: (a) unmodified or unused and in original packaging; (b) product that has been damaged in transit; or, (c) if the incorrect product was received. If the product is approved for failure analysis/warranty evaluation by a IC Outlets representative via a Return Material Authorization (RMA).
Exchanges
Any item for exchange must be in original packaging and in unused condition. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item if approved by a Customer Support Representative. Items purchased from IC Outlets that have been used or altered and any items that have been sold NC/NR will not be accepted for exchange.
Non-Cancelable and Non-Returnable (NCNR) Items
Because of the custom nature of NCNR orders, our standard return and cancellation policies do not apply. Once the Product has been shipped from IC Outlets, those Products cannot be returned. If IC Outlets (a) holds Product(s) in our inventory for Customer, (b) orders specialty Product(s) specifically for an order from a third party supplier, (c) has begun manufacturing Product(s) based on order, (d) an Order for an A La Carte (ALC) board has been placed, or (e) has begun manufacturing a Custom Kit, that order cannot be canceled. A Custom Kit is defined as any kit that has been modified from our storefront SKU to be customized to the customer’s specifications.
Return Freight/Restocking Fee
IC Outlets reserves the right to charge cancellation fees. IC Outlets does not refund the original shipping and handling. Customer is responsible for all return freight charges. IC Outlets does not accept COD shipments.
Refunds
Upon receipt and inspection of returned item(s), IC Outlets will advise of the refund status. In this case of factory warranty or failure analysis, IC Outlets will issue any applicable credit pending manufacturer confirmation of failure. IC Outlets initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account. Returns for Orders older than 30 days or returns including merchandise that is not in original condition or unable to be restocked, IC Outlets reserves the right to deny the return or change the refund method to store credit.
Limited Warranty
If IC Outlets is found to breach this limited warranty, Customer’s sole remedy is limited to (at IC Outlets’s election) (1) refund of Customer’s purchase price for Product(s), (2) repair of Product(s), or (3) replacement of Product(s); provided that Product(s) must be returned to IC Outlets, along with acceptable evidence of purchase, within 30 days from ship date, transportation charges prepaid. No warranty will apply if the Product(s) has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.
IC Outlets warrants that at the time of delivery, Product(s) will conform to the specifications stated by IC Outlets in its published data sheet for the Product(s). All warranty claims will be time-barred 12 months from the time of delivery of the non-conforming Product(s).
IC Outlets makes no representation of warranty with respect to information, materials and Services provided on or through the website. INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ‘AS IS’.
IC Outlets makes no representation of warranty with respect to Software and will have no liability in connection therewith. SOFTWARE IS PROVIDED ‘AS IS’ WITH NO ADDITIONAL WARRANTY.
IC OUTLETS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON INFRINGEMENT.
Limitation of Liability
IC Outlets’s liability to Customer is limited to Customer’s direct damages up to an amount not exceeding the price of the Product at issue. IC Outlets is not liable for, and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers). To the extent IC Outlets cannot lawfully disclaim any implied or statutory warranties, Customer’s statutory rights are not affected by this limitation of liability. Customer will indemnify, defend and hold IC Outlets harmless from any claims based on (a) Customer’s compliance with IC Outlets’s designs, specifications, or instructions, (b) modifications of any products by anyone other than IC Outlets, or (c) use in combination with other products.
Use of Products
Customer shall comply with the manufacturer’s Product specifications. Product are not authorized for use in life support systems, life sustaining systems, human implantation, nuclear facilities, war or military devices or any other application where Product failure could lead to personal injury, loss of life or significant property damage. If Customer uses or sells the Products for such use in such applications or fails to comply with IC Outlets’s Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer’s sole risk. Customer shall indemnify, defend and hold IC Outlets harmless from any claims based on: (i) IC Outlets’s compliance with Customer’s designs, specifications, or instructions, (ii) modification of any Product by anyone other than IC Outlets, or (iii) use of Products in combination with other products or in violation of this clause.
If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that IC Outlets is not liable, in whole or in part, for any claim or damage arising from such use; and (3) Customer agrees to indemnify, defend and hold IC Outlets harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
Forces Beyond IC Outlets‘s Control
IC Outlets is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example, acts of nature, acts of omissions of Customer, operational disruptions, natural or artificial disasters, epidemic medical crises, materials or Product shortages, strikes, riot, war, criminal acts, delays in delivery or transportation, inability to obtain labor, government priorities, changes in law, material shortages, fire, floods, quarantine restrictions, acts of terrorism, materials or Products through regular sources).
Standards Compliance
IC Outlets assumes the following responsibilities:
- Protecting all data generated by and provided to us by our users from being stolen, compromised, or used in violation with this policy.
- Never selling user-provided and user-generated data for financial gain or competitive advantage.
- Providing transparency for our users into what data we collect and what we do with it including what access third parties have to user data and for what purpose.
- Informing users if their data is compromised, either by failure to protect data or by order to surrender data to a legal authority, to the fullest extent we are lawfully able.