Terms and Conditions of Sale & Services

THESE TERMS CONTROL: Buyer’s acceptance of goods and/or services shall constitute acceptance of these terms and conditions. Terms or provisions of Buyer’s order that are inconsistent with or in addition to Mavi Circuits’ terms and conditions shall not be binding unless accepted in writing by Mavi Circuits. Mavi Circuits’ failure to object to any provision contained in a communication from Buyer shall not be a waiver of these terms and conditions. If any terms or conditions of sale are declared by an arbitrator, court, or other body having jurisdiction to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect. This transaction shall be governed by the laws of the state of Ohio, U.S.A.

DELIVERY AND RISK OF LOSS: Domestic and international delivery shall be F.O.B. origin. Title and risk of loss shall pass to Buyer when products are delivered to Carrier unless otherwise agreed to in writing by Mavi Circuits.

PAYMENT: 100% of the invoiced amount is due in U.S. Dollars prior to shipment. Prices exclude any tax or duty now or hereafter imposed upon the production, storage, sale, transportation, or use of the products. Credit card is the accepted method of payment.

CANCELLATION: Orders may be canceled prior to shipment for in-stock tangible products. Once the stocked orders are shipped, no cancellation is accepted. For non-stocked tangible products, once the order is placed, cancellation for that order is not accepted. A full refund is provided for accepted cancellations. The buyer is provided with a limited warranty on the terms mentioned below.

EXPORT REGULATIONS: The sale of Mavi Circuits’ products and technology is subject to and contingent upon compliance with U.S. Export Administration Regulations. All international orders are contingent upon approval of export licenses required by the Government. The use, sale, re-export, delivery, or retransfer, directly or indirectly, of the items described herein, in or to any activities related to the design, production, use, or stockpiling of chemical, biological or nuclear weapons or missiles is strictly prohibited.

EXCUSABLE DELAYS: Mavi Circuits shall not be liable for non-delivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from delay or failure to deliver by Mavi Circuits’ suppliers, fires, floods, accidents, riots, war, governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. Mavi Circuits agrees to make and Buyer will accept deliveries at a reasonable time after remedy of such causes. Quoted weeks ARO are approximate.

DESIGN CHANGES: Mavi Circuits and its suppliers reserve the right to change product design or specifications at any time without notice.

SOFTWARE: Mavi Circuits grants a perpetual, non-exclusive license to Buyer to use ordered software on a single unit of product. Title to software shall remain in Mavi Circuits or its suppliers. The license may be terminated if Buyer discloses the software to others without Mavi Circuits’ consent. Back-up copies of the software may be made and Buyer may sublicense the software along with the transfer of said single unit of product.

LIMITED WARRANTY & LIMITATION OF LIABILITY: Each Mavi Circuits’ product is warranted to be free from defects in material and workmanship under normal use and service. The warranty period for Mavi Circuits’ products begins on the date of shipment. The warranty period is controlled by the documents furnished with each product, which may be made available electronically. It is Buyer’s responsibility to download and read through the provided documents and apply them in accordance with the instructions. Mavi Circuits’ products, parts, repairs, and services are warranted for 90 days. This warranty extends only to the original buyer or end-user customer of a Mavi Circuits or Mavi Circuits’ authorized reseller, and does not apply to any product which, in Mavi Circuits’ opinion, has been misused, altered, neglected or damaged by accident or abnormal conditions of operation or handling. Mavi Circuits warrants that software will operate substantially in accordance with its functional specifications for 60 days and that it has been properly recorded on non-defective media. Mavi Circuits does not warrant that it will be error-free or operate without interruption. Mavi Circuits’ authorized resellers shall have no authority to extend a greater or different warranty on behalf of Mavi Circuits. Warranty support is available if the product is purchased through Mavi Circuits or a Mavi Circuits’ authorized sales outlet. Mavi Circuits reserves the right to invoice Buyer for importation costs of repair/replacement parts when the product purchased in one country is submitted for repair in another country.

Mavi Circuits’ warranty obligation is limited, at Mavi Circuits’ option, to a refund of the purchase price, free of charge repair, or replacement of a defective product returned within the warranty period. To obtain warranty service, contact Mavi Circuits or your nearest Mavi Circuits’ Authorized Service Center or send the product, with a description of the difficulty, postage and insurance prepaid (FOB Destination), to Mavi Circuits or the nearest Mavi Circuits’ Authorized Service Center. Mavi Circuits assumes no risk for damage in transit. Following warranty repair, the product will be returned to Buyer, transportation prepaid (FOB Destination). If Mavi Circuits determines that the failure of the product was caused by misuse, alteration, accident or abnormal condition of operation or handling, Mavi Circuits will not be liable for the damaged product. In case Mavi Circuits decides repair is the path to remedy the failed product, Mavi Circuits will provide an estimate of repair costs and obtain authorization before commencing the work. Following repair, the product will be returned to the Buyer, transportation prepaid and the Buyer will be billed for the repair and return transportation charges (FOB Shipping Point). This warranty is buyer’s sole and exclusive remedy and is in lieu of all other warranties, express or implied, including but not limited to any implied warranty of fitness for a particular purpose. Mavi Circuits shall not be liable for any special, indirect, incidental or consequential damages or losses, including loss of data, whether arising from breach of warranty or based on contract, tort, reliance or any other theory.