- Products: “Products” shall mean any products or services identified on (a) any of ios™ Optics’ proposals, quotations or order acknowledgments or (b) any of ios™ Optics invoices.
- Orders: Customer shall purchase Products by issuing a written purchase order signed by an authorized representative accompanied by a Product drawing/print when applicable. When drawings/prints are not available, the purchase order shall include all required technical specifications. Purchase orders shall indicate specific Products, Product details, quantity, price, total purchase price, shipping instructions, requested delivery dates, bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special instructions.
- Prices: All prices quoted are (a) firm for thirty (30) days from the date of quotation, (b) FOB ios™ Optics factory and (c) exclusive of taxes, insurance, transportation or special packaging ("Charges").
- Standard payment terms: 2/10 net 30.
- Acceptable Payment Methods: Cash, wire, ACH, check, and cashier's check. Credit Cards are accepted on will call, hand delivery and pre-paid transactions.
- Past Due Balances: All outstanding balances past the due date shall incur a late penalty fee of 1.5% per month (18% per annum).
- Modifications: Every effort will be made to accommodate Customer modification requests. Additional charges may apply.
- Performance: Shipping dates specified or communicated by ios™ Optics to the Customer are based on average lead times. Failure to perform or ship on such dates shall not be considered a breach by ios™ Optics. All claims due to nonconformance or shortage must be presented to iosTM Optics in writing within fifteen (15) business days after delivery. If ios™ Optics does not receive such written notice within fifteen (15) business days after delivery, the Product shall be deemed to conform and the customer shall be bound to accept and pay for the Product in accordance with the terms of this contract.
- Return Material Authorization Procedure: ios™ Optics will only accept Products returned under the ios™ Optics Return Material Authorization process (“RMA”). The Customer shall obtain a RMA number from ios™ Optics prior to returning any Product and return the Product, including an itemized statement of defect(s). New RMA requests can be made HERE. Any Product which has been returned to ios™ Optics but which is found to meet the applicable specification for the Product and not defective in workmanship and material due to ios™ Optics' actions will be returned to the customer and shall be subject to ios™ Optics’ standard inspection fee. Base inspection fee is $75 or 10% of the value of the items returned whichever one is greater not to exceed $300. ios™ Optics will cover all shipping fees if Product is found to be defective due to ios™ Optics' actions otherwise Customer will be responsible for all shipping fees.
- Limitation of Liability: Except for the warranties stated herein, the Customer’s sole and exclusive remedy is expressly limited to the terms of these Terms and Conditions of Sale. ios™ Optics shall not be liable to the customer for any other costs or damages.
- Shipping: Customer shall be financially responsible for all shipping Charges. Title to Products shall pass from ios™ Optics to Customer upon transfer to the carrier at the FOB shipping point. ios™ Optics shall select the carrier unless given written instruction.
- Fulfillment: ios™ Optics agrees to deliver all orders within 10% of the actual quantity ordered. Short deliveries (within 90% of the quantity ordered) and Long deliveries (up to 110% of the quantity ordered) shall be considered fulfilled in their entirety and will be invoiced at the actual quantity delivered.
- Customer Supplied Material: In the event that the company must receive the customer’s material in order to perform, ios™ Optics does not assume responsibility for any loss or damage to the customer’s material, regardless of the cause. The customer is welcomed to insure their material to protect against any potential loss or damage.
- Cancellation: The Customer may not cancel, terminate, suspend performance of, or issue a hold on, any Customer order, without the prior written consent of ios™ Optics. Consent, if given, shall be upon terms that will compensate ios™ Optics for any loss, including, but not limited to, any work in process or any work on which service performed. Finished Goods not yet shipped as of the date of cancellation will be invoiced at the price set forth in the original order. Terminating an order prior to fulfillment shall be invoiced at the unit price for the actual quantity delivered (bill back).Cancellation fees may apply. All work in process will be invoiced at a unit price equal to the percent completed multiplied by the price of the finished good.
- Reschedules: Customer may reschedule orders without penalty if the request is received more than sixty (60) days prior to the Confirmed Ship Date, except that Customer shall accept delivery of all such products which are completed at the time of rescheduling. All rescheduling requests must receive written confirmation from ios™ Optics. Order Expiration terms (16) apply to all reschedules.
- Order Expiration: All blanket orders must be delivered within 12 months of the original order date. Any ordered quantity not scheduled for delivery within 12 months from the original order date shall be considered cancelled. Standard payment terms(4),and cancellation terms (14) will be applied to all expired orders.
- Payment Remedies: ios™ Optics may pursue any reasonable means to collect past due balances including, but not limited to, the services of third-party collection agents or attorneys. The customer shall pay all reasonable collection costs incurred by ios™ Optics including attorney's fees and expenses.