2019

VIRGINIA DIODES TERMS AND CONDITIONS

Superseding any others, which may be presented by a customer as part of a request for quote or bid proposal, any variance from these published "Terms and Conditions" must be negotiated with Virginia Diodes (VDI) and accepted in writing. Orders are accepted by VDI only under the following terms and conditions.

TERMS AND CONDITIONS

VIRGINIA DIODES warrants that its prices bid, quoted or charged to any customer do not exceed those billed to any of its favored customers, whether they be government agencies, institutions, or the general public, for the same items in like or comparable quantity, quality, or specification, within the same time frame and product warrants established. VIRGINIA DIODES is a small business.

PAYMENT

Terms of payment are net 30 days from delivered date for established accounts. Until credit has been established, payment terms will be determined by VDI. Payment is expected to be made by check or direct bank transfer to VDI’s account. Visa and Mastercard are accepted however VDI quoted prices reflect a discount for cash payment. Accounts past due will be assessed a finance charge of 1.5% per month (18% annual rate) of the outstanding balance. There will be a $25 fee for returned checks.

PRICES

Prices are net and are subject to change without notice. VDI’s quoted or published prices do not include extra costs for special shipping and/or handling required by the customer. No provision has been made for withholding or collecting various out-of-state SALES, USE, or EXPORT taxes. Compliance with applicable tax regulations is the responsibility of the Purchaser. Formal quotations will be honored for 60 days unless otherwise specified. Minimum invoice is $500.00.  VDI quoted prices reflect a discount for cash payment.

Prices quoted on VDI's products assume the acceptance of VDI's Standard Terms and Conditions. If the customer requires amendment to these VDI T&Cs, additional charges may apply.

ORDERING

Orders based on VDI quotes must include the relevant quote number(s).The Model Number and Product Name as shown on the VDI data sheets must also be indicated. Where specific additional information is required, it should be described fully. Orders placed by phone to VDI or VDI's Representative must be confirmed in writing. The Purchaser is responsible for the accuracy of unconfirmed orders.

ACCEPTANCE, REVISIONS, & CANCELLATIONS

All orders, negotiated terms, and conditions of sale are subject to acceptance by authorized VDI personnel only. Specification changes and/or modifications applicable to items on order will be subject to negotiable charges depending upon the non-recoverable expenses incurred. Orders for catalog or non-catalog items may be cancelled by the Purchaser upon payment to VDI of the non-recoverable expenses incurred prior to cancellation.

SHIPPING & DELIVERY

Effective in 2012, all newly quoted orders will be shipped DAP – Delivered At Place.  Shipping will be determined by VDI, unless otherwise specified by the customer. Any additional costs incurred to meet special customer shipping or handling requirements including the use of a Freight Forwarder must be paid by the customer. Should damage occur during shipment, the damage should be reported immediately, in accordance with the carrier’s regulations. It is suggested that units received in packages showing damage be inspected and tested at once. Shipping material should be held until contents have been accepted or until claim is settled. Upon subsequent notice of damage, liability will be determined under VDI's warranty. (See RETURNS) VDI accepts no responsibility for late deliveries due to delays caused by: strikes, shipments lost during transit, casualties, acts of God, or any situation beyond VDI's control.

EXPORT CONTROL

VDI obligations to sell and deliver products shall be subject in all respects to such United States laws and regulations as shall from time to time govern the sale and delivery of goods inside and outside the United States by persons subject to the jurisdiction of the United States. VDI obligations to sell and deliver the Products hereunder shall also be subject in all respects to such laws and regulations of countries other than the United States as shall from time to time govern the sale and delivery of products to and within any territory. Furthermore, it is understood and agreed by the customer and VDI that the product end-user is the individual, company, and company location identified on the customers Purchase Order contract and VDI Order Acknowledgement.  If the end-user of the VDI product is not those identified and acknowledged by the customer purchase order, the customer must include a signed, written statement disclosing the individual name, company name, and company location for end-user that ultimately receives the product upon resale or transfer of any type by the customer.  Any willful misrepresentation of the disclosed end-user information by the customer may be a violation of United States law.

WARRANTY

VDI warrants its products to be free from defect in material and workmanship. The limit of liability under this warranty is to repair and/or replace any device or part thereof within one year from delivery to the original Purchaser. VDI reserves the right of final determination as to the existence and cause of any defect under this warranty. VDI's Sales Department must authorize all Warranty returns. (See RETURNS) Warranty is validated upon receipt of payment. This warranty does not apply to any product which has been altered or improperly installed, or which has been damaged as a result of accident, abuse, misuse, neglect, modification, or by reason of being conveyed, stored, or operated under extreme and unreasonable environmental conditions of temperature, pressure, humidity, shock, vibration, or magnetic field strength; or when subjected to operational conditions beyond reasonable or published rating. VDI shall under no circumstances be liable for loss of profit or any other collateral or consequential damages, or for injuries that may result from the handling or use of its products. VDI reserves the right to make design changes without any obligation to make changes to units previously sold. This warranty is the extent of the obligation or liabilities assumed by VDI with respect to its products. VDI neither makes, nor authorizes any additional guaranty or warranty concerning its products.

RETURNS

No returns for any reason shall be made without authorization from VDI. Upon receipt of notification and assignment of a Return Authorization Number (RMA), VDI will advise Purchaser of procedure for return. Original purchase order number, VDI's invoice number, date received, product name and model designation, RMA#, and complete details concerning reason for return are to be included.  Repairs should be sent back at no cost to VDI. Costs for Warranty Repair shipments not returned in accordance with VDI's instructions will be the responsibility of the customer.

Under Warranty - Upon receipt of authorized return, VDI will examine and/or test the product. If the responsibility for repair rests with VDI the unit will be repaired or replaced under the terms of VDI’s warranty. If the responsibility rests with the Purchaser, VDI will estimate replacement or repair cost, and proceed with the work when written authorization is received.

For Repair - Products, which are out of warranty or have been damaged while under warranty will be repaired if economically feasible. Upon receipt of an authorized return VDI will estimate repair costs and delivery date and will notify the Customer. Written authorization is required before repairs are made.

For Credit - Under certain conditions a VDI product, which has not been used, may be returned for credit provided such return is authorized by VDI within 30 days of Customer's receipt of the unit. There will be a charge for any non-recoverable expenses on any product returned for credit. VDI's return policy does not include credit for non-cataloged items or products of a special nature.