Circuit Technology Center
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Terms, Conditions and Warranty

1. Acceptance and Agreement
No order or quotation is binding on Circuit Technology Center, Inc. until an authorized representative issues a detailed Sales Order including terms and conditions. The Sales Order shall constitute the entire agreement between Circuit Technology Center, Inc. and the Buyer and supersedes all other communications between the parties, whether written or oral.

Any provision or condition of the Buyer's order or another document which is in any way different from or in addition to the detailed Sales Order shall not be binding on Circuit Technology Center, Inc. unless accepted in writing by Circuit Technology Center, Inc. Buyer's acceptance of the provisions of the Sales Order including these Terms and Conditions shall be conclusively presumed if no written objection is received by Circuit Technology Center, Inc. within ten (10) days from the date of the Sales Order.

2. Changes
Circuit Technology Center, Inc. reserves the right to change the process used due to Buyer initiated specification changes without incurring any obligation to make equivalent changes in services previously manufactured or delivered. The Buyer is responsible for all costs associated with any Buyer-initiated specification changes.

3. Schedules and Delays
No changes may be made in the scheduled deliveries without Circuit Technology Center, Inc's written consent. If the Buyer requests a change in the scheduled deliveries and Circuit Technology Center, Inc. approves, the Buyer must provide a revised purchase order reflecting the requested change. Suppose the Buyer delays furnishing Circuit Technology Center, Inc. with technical information, approvals, or customer-supplied materials, and additional costs are incurred by Circuit Technology Center, Inc. due to these delays. In that case, the Buyer shall reimburse Circuit Technology Center, Inc. for these additional costs if required by Circuit Technology Center, Inc.

4. Cancellation
The Buyer shall accept all products and services as ordered. Cancellation of the order by the Buyer will not be allowed without written consent from Circuit Technology Center, Inc. In the event of an approved cancellation by the Buyer for any reason, the Buyer may be required to pay a cancellation fee which Circuit Technology Center, Inc. will determine based on expenditures incurred as of the date of the cancellation. Circuit Technology Center, Inc. reserves the right to cancel any accepted order if payments are in default or if prevailing conditions beyond Circuit Technology Center, Inc.'s reasonable control make it impossible or impracticable to assure delivery.

5. Payment Terms
Payment is due 30 days from the date of invoice or delivery. The amount of credit or terms of payment may be changed or credit withdrawn by Circuit Technology Center, Inc. at any time. If Circuit Technology Center, Inc. decides at any time that Buyer's credit has become impaired, Circuit Technology Center, Inc. shall be entitled, at its option, to decline to make further deliveries on any accepted order to the Buyer until Circuit Technology Center, Inc. receipt of satisfactory security or of cash payments in advance, or to terminate the accepted order as to any remaining deliveries, without prejudice to its rights accrued up to the date of any cessation of deliveries or termination of the accepted order.

Payment shall be made in United States Dollars. If the Buyer delays the delivery of products or services, the date of readiness for delivery shall be deemed the date of invoice and delivery for payment purposes. Buyer is liable on delinquent payments at the lower of the maximum legal rate or the rate of 1.5% per month until paid in full. If collection procedures are required, the Buyer shall pay all collection costs, including but not limited to collection fees, reasonable attorney fees, court costs, and interest. Each delivery of products or services shall be considered a separate and independent transaction, and payment shall be made accordingly.

If the products or services are delivered in installments, payments shall be made based on the purchase price outlined in the Sales Order and the percentage of the products or services delivered. Any products or services held for the Buyer shall be at the risk and expense of the Buyer. Circuit Technology Center, Inc. reserves the right to make delivery of the Products and make collection by sight draft with bills of lading attached.

6. Taxes and Other Government Charges
Any licenses or clearances required at the port of entry and destination for the products or services shall be obtained and paid for by the Buyer. The prices of the products and services outlined in the quotation or the Sales Order issued by Circuit Technology Center, Inc. are based on F.O.B. Circuit Technology Center, Inc. facility and do not include shipping cost, insurance, or any applicable federal, state, and local duties, taxes or other charges imposed on the manufacture, sale, delivery, shipment or use of any of the products or services (including, without limitation, sales, use, shipment, property or value-added taxes), all of which shall be paid by Buyer.

Any tax or charge that Circuit Technology Center, Inc. may be required to collect or pay shall either be paid by the Buyer or the Buyer shall provide to Circuit Technology Center, Inc. appropriate resale certificate numbers and other documentation satisfactory to the applicable taxing authority to substantiate any claim of exemption from any tax or charge.

7. Delivery
Partial deliveries are permitted. All products and services are sold F.O.B. Circuit Technology Center, Inc. facility. Delivery dates defined in the Sales Order are approximate and based on Circuit Technology Center, Inc. reasonable estimate of dates that the products and services will be delivered if Circuit Technology Center, Inc. timely receives from the Buyer all necessary information including, but not limited to, specifications, drawings, testing parameters, package configuration, and customer supplied materials.

Circuit Technology Center, Inc. is not liable for any delay or failure in the delivery or shipment of the products or services, or for any resulting damages, when the delay or failure is directly or indirectly due to accident (in manufacture or otherwise), errors, omissions, fire, flood, riot, war, embargo, labor stoppages, computer malfunctions, inadequate transportation facilities, regulation by any governmental authority, or any other causes beyond Circuit Technology Center, Inc. reasonable control. Moreover, Circuit Technology Center, Inc. shall have no liability for any liquidated damages or penalty or special, indirect, or consequential damages under any circumstances whatsoever.

If any contingency occurs, Circuit Technology Center, Inc. may allocate production and deliveries among Circuit Technology Center, Inc. customers. The title to the products and services passes to Buyer and Circuit Technology Center, Inc. liability as to delivery ceases upon making delivery of the products and services to the initial carrier at the delivery point with the carrier acting as Buyer's agent. All Products are shipped at the Buyer's risk and expense, and all claims for damages must be filed with the carrier.

All shipments will be made by United Parcel Service or Federal Express at Circuit Technology Center, Inc. discretion unless specific instructions from Buyer indicate an alternate carrier. Buyer shall be liable for detention, demurrage, storage, or auxiliary charges assessed by carriers or warehousemen resulting from Buyer's requirements for special service or Buyer's failure to accept delivery in a timely manner.

8. Safety
Buyer agrees to, and to cause others to, follow proper safety rules and use proper safety equipment in connection with its use of the products and services; and the Buyer agrees to defend, hold harmless and indemnify Circuit Technology Center, Inc. if the Buyer fails to do so.

9. Limited Warranty
Circuit Technology Center, Inc.'s liability is limited to the cost of services provided.

No parts may be returned without prior authorization from Circuit Technology Center, Inc. Circuit Technology Center, Inc. warrant that the products and services will be free from defects in materials and workmanship and will conform to Circuit Technology Center, Inc. applicable written specifications, under normal use and service or the specified use as agreed upon by Circuit Technology Center, Inc. and Buyer for 1 year for product compliant to Mil PRF-38534 and 38535 following the date of shipment from Circuit Technology Center, Inc.

The foregoing limited warranty shall not apply to any products or services which have been repaired or altered by any person other than Circuit Technology Center, Inc. or which have been subjected to operating and/or environmental conditions in excess of maximum rated values or have otherwise been subjected to misuse, damage, neglect, accidents, or improper installation or test including without limitation improper packaging of the products returned to Circuit Technology Center, Inc.

The foregoing warranty is made in lieu of all other express and implied warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Circuit Technology Center, Inc. neither assumes nor authorizes any person to assume for it, any ability not expressed herein unless such terms are in writing and signed by a Circuit Technology Center, Inc. representative.

The foregoing warranty may be asserted only by the Buyer, and not by Buyer's customers or other third parties. Circuit Technology Center, Inc. obligations under the limited warranty are limited to replacing, repairing, or issuing credit at the original sales price, at its option, any of said articles which shall, within the limited warranty period, be confirmed to be defective by Circuit Technology Center, Inc.

Warranty Waiver
Under certain circumstances Circuit Technology Center, Inc (CTC) may not provide a warranty. You will be notified and asked to complete one of the following forms.
Services Guarantee Waiver Release
BGA Rework Guarantee Waiver Release

10. Returns
Any shortage or rejection of products or services must be claimed within 30 days of receipt. Should any product or service not conform to such specifications due to a defect in material (excluding customer supplied materials) or workmanship, Circuit Technology Center, Inc. shall accept returns during the applicable warranty period, which must be accompanied by a valid Circuit Technology Center, Inc. Return Material Authorization (RMA) number. Circuit Technology Center, Inc. does not accept returned materials without a valid RMA number.

To obtain an RMA number, the Buyer must provide a detailed description of the nature of the defect, the original purchase order number, the part number, serial number, and date code of the product or services to be returned. The RMA number shall be valid for thirty (30) days after issuance by Circuit Technology Center, Inc. Products which are returned to Circuit Technology Center, Inc. during the applicable warranty period and deemed by Circuit Technology Center, Inc. to be defective, will be replaced, reworked, or credited at the original sale price at Circuit Technology Center, Inc. discretion. Buyer shall return the products or services to Circuit Technology Center, Inc. with transportation charges prepaid.

The repair or replacement of any non-conforming products or services by Circuit Technology Center, Inc. does not extend the original limited warranty period. In the event Circuit Technology Center, Inc. determines that the returned products or services are not covered by the foregoing limited warranty, such products or services will be returned to Buyer at the Buyer's expense and may be subject to additional charges due to the lack of warranty coverage. Circuit Technology Center, Inc. shall not be liable for re-inspection or rejection charges. Repair, replacement, or credit for returned products or services will be made only after Circuit Technology Center, Inc. has determined that the products or services are covered by the terms of the warranty. Failure analysis of returned product shall be at Circuit Technology Center, Inc.'s sole discretion.

11. Limitation of Remedy
Any provision herein to the contrary notwithstanding, neither Circuit Technology Center, Inc. nor any affiliate, agent, or employee of Circuit Technology Center, Inc. shall be liable to the Buyer, or any other third party claiming through the Buyer, for indirect, incidental, contingent special or consequential damages (including without limitation loss of profits or revenue, loss of use of the products or any proceeds, overhead, cost of capital, cost of substitute goods, or any claims of Buyer's customers for any such damages), and in no event shall the liability of Circuit Technology Center, Inc. to the Buyer, whether such liability arises out of the use of the product, Circuit Technology Center, Inc. performance hereunder, and whether such liability arises from a claim based on agreement, warranty, tort, failure of essential purpose or otherwise, exceed the amount paid by the Buyer to Circuit Technology Center, Inc. for such products or services.

12. Specifications
All orders are accepted with the understanding that the products furnished will be in accordance with specifications on hand in Circuit Technology Center, Inc. files or furnished to Circuit Technology Center, Inc. with the Buyer's order, and which have been specifically agreed to and accepted by Circuit Technology Center, Inc., in writing, as applicable to such order.

13. Inspection
Circuit Technology Center, Inc. shall have no obligation to perform any special tests relating to the products or services except as otherwise agreed in writing by a Circuit Technology Center, Inc. representative. If agreed upon in the accepted Sales Order, the Buyer may inspect the products at Circuit Technology Center, Inc. facility at times mutually and reasonably acceptable to both Circuit Technology Center, Inc., and the Buyer; and a standard charge shall be paid by Buyer to Circuit Technology Center, Inc.

14. Patent Infringement Indemnity
To the extent that the products and services are manufactured pursuant to the design provided by Buyer, the Buyer represents and warrants that it has all necessary right, title, and interest in such design and that the information and technology contained in such design do not infringe patents or copyrights of third parties and were not developed based on misappropriated trade secrets of third parties.

If any infringement is alleged prior to completion of delivery of any products or services, Circuit Technology Center, Inc. may decline to make further deliveries without being in breach of its agreement with the Buyer. The Buyer shall defend, indemnify and hold Circuit Technology Center, Inc. harmless from any damages, costs, and expenses (including without limitation reasonable attorneys' fees) arising from any threatened or actual suit or claim based upon the Buyer's breach of the representations and warranties set forth herein or Buyer's modification of the products or services after delivery thereof by Circuit Technology Center, Inc.

Buyer shall further defend, indemnify and hold Circuit Technology Center, Inc. harmless from any claim of an alleged defect in the design of the products or services to the extent such design is provided by the Buyer. The sale of the products or services by Circuit Technology Center, Inc. does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of the products or services with other devices or elements.

Except as otherwise provided in the preceding sentence, Circuit Technology Center, Inc. shall defend any suit or proceeding brought against the Buyer so far as based on a claim that any product or service, or any part thereof, sold to the Buyer by Circuit Technology Center, Inc. (except to the extent such products or services are based upon the design provided by Buyer) constitutes an infringement of any patent of the United States of America, if the Buyer notifies Circuit Technology Center, Inc. promptly in writing and gives Circuit Technology Center, Inc. authority, information and assistance (at Circuit Technology Center, Inc. expense) for the defense of the suit or proceeding, and Circuit Technology Center, Inc. shall pay all damages and costs awarded therein against the Buyer.

In case such product or service, or any part thereof, is in such suit or proceeding held to constitute infringement and the use of the product or service thereof is enjoined, Circuit Technology Center, Inc. shall, at its option and expense, either procure for the Buyer the right to continue using the product or service thereof, or replace it with non-infringing product or service, or remove said product or service and refund the purchase price and the transportation and installation costs thereof.

The foregoing states the entire liability of Circuit Technology Center, Inc. for patent infringement by the products or services. Circuit Technology Center, Inc. grants no patents or data rights by its sale of the products or services to the Buyer and specifically prohibits the reproduction or distribution of any data, information, or manufacturing know-how furnished in connection with the sale of the products or services, except as necessary for the normal service of the products or services. The products or services are manufactured in accordance with Circuit Technology Center, Inc. manufacturing specifications and may be covered by the U.S. and other patents.

15. Equipment, Fixtures and Tools
Any equipment (including jigs, dies, fixtures and tools) which Circuit Technology Center, Inc. may construct or acquire for the manufacture or processing of the products or services for Buyer shall remain Circuit Technology Center, Inc. property and in Circuit Technology Center, Inc. possession and control.

New or additional dies or changes necessary in existing equipment to conform with changes in design ordered by Buyer, whether or not Circuit Technology Center, Inc. has specifically charged, therefore, shall be paid for by the Buyer. Dies or equipment charges cover the use of such dies or equipment only and do not convey any interest therein to the Buyer. Any materials or equipment owned or furnished by Buyer, while in Circuit Technology Center, Inc. possession, will be handled and stored by Circuit Technology Center, Inc. with reasonable care, but Circuit Technology Center, Inc. shall have no responsibility for loss or damage thereto.

16. Circuit Technology Center, Inc. Remedy Upon Buyer's Default
Upon the Buyer's default of any of its obligations under its agreement with Circuit Technology Center, Inc. relating to the accepted Sales Order, including these Terms and Conditions of Sale, or otherwise, including but not limited to the duty to make payment when due, Circuit Technology Center, Inc. shall have all remedies available to it under applicable law.

17. End Use/End User
Under certain circumstances, Circuit Technology Center, Inc. will require information on the ultimate destination of products sold. This information includes, but is not limited to, information regarding end-use (application) and end-user (customer). This information is considered proprietary and will not be disclosed to anyone outside of Circuit Technology Center, Inc. other than applicable government entities regulating export.

18. Export Compliance
All parties to this order are responsible to ensure their compliance with applicable U.S. export regulations and ensuring that product/data shipments and exchanges are made properly within the regulations.

19. Jurisdiction, Venue, and Governing Law.
Should the Buyer or Circuit Technology Center, Inc. commence a lawsuit to enforce the provisions of any accepted Sales Order, including these Terms and Conditions of Sale, or in connection with the products or services or any other aspect of the commercial relationship between the Buyer and Circuit Technology Center, Inc., jurisdiction and venue shall be exclusively in the state or federal courts located in Massachusetts, and both parties consent to personal jurisdiction in those courts.

All rights and obligations of the Buyer and Circuit Technology Center, Inc. under any accepted Sales Order, including these Terms and Conditions of Sale, and any other aspect of the commercial relationship between the Buyer and Circuit Technology Center, Inc., shall be governed as to the validity, construction and in all other respects by the laws of Massachusetts without regard to its choice of law provisions.



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