Term And Conditions

DO NOT USE PRODUCTS SOLD BY IRTRONIX AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS.

USE OF PRODUCTS IN LIFE SUPPORT, NUCLEAR AND CERTAIN OTHER APPLICATIONS.

Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer's sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products 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.

All orders, regardless of how they are placed, submitted through the IRTronix Web site or through its printed catalog are specifically subject to all the terms and conditions contained herein. No change, alteration, deletion or modification of any of these terms and conditions is permitted. No person is authorized to accept, confirm or vary these terms and conditions including all representations and warranties unless they have been posted on this Web site. All terms are specifically and exclusively subject to interpretation under the US Uniform Commercial Code and all claims or disputes shall be interpreted according to California law and subject to jurisdiction in California state or federal courts at the exclusion of any other choice of law or choice of jurisdiction, including the UN Convention on the International Sale of Goods (CISG).

Orders placed on forms deviating from these terms and conditions will be accepted on the basis that IRTronix Terms and Conditions will prevail.

Technical Assistance and Design Support Services — Disclaimer of Warranties; Release of Claims

IRTronix offers its Technical Assistance and Design Support Services as a convenience to IRTronix customers. IRTronix Technical Assistance and Design Support Services personnel strive to provide useful information regarding IRTronix products. IRTRONIX DOES NOT GUARANTEE THAT ANY INFORMATION OR RECOMMENDATION PROVIDED IS ACCURATE, COMPLETE, OR CORRECT, AND IRTRONIX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY INFORMATION OR RECOMMENDATION PROVIDED, OR THE CUSTOMER'S RELIANCE ON SUCH INFORMATION OR RECOMMENDATION. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANALYZING AND DETERMINING THE APPROPRIATENESS OF ANY INFORMATION OR RECOMMENDATION PROVIDED BY IRTRONIX TECHNICAL ASSISTANCE AND DESIGN SUPPORT SERVICES PERSONNEL, AND ANY RELIANCE ON SUCH INFORMATION OR RECOMMENDATION IS AT THE CUSTOMER'S SOLE RISK AND DISCRETION. ACCORDINGLY, THE CUSTOMER SHALL RELEASE AND HOLD IRTRONIX HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, AND DAMAGE INCURRED BY THE CUSTOMER OR ANY THIRD PARTY AS A RESULT OF ANY INFORMATION OR RECOMMENDATION PROVIDED TO THE CUSTOMER OR THE CUSTOMER'S RELIANCE ON SUCH INFORMATION OR RECOMMENDATION.

General Disclaimer of Warranties; Limitation of Liability

IRTRONIX MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. IRTRONIX'S SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT IRTRONIX'S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL IRTRONIX'S LIABILITY EXCEED THE BUYER'S PURCHASE PRICE.

The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.

IN NO EVENT SHALL IRTRONIX BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY IRTRONIX, OR THE USE OR INABILITY TO USE THE SAME, EVEN IF IRTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Infringement Disclaimer

Notwithstanding section 2-312 of any applicable version of the Uniform Commercial Code or any other similar law, or any purchase order term, other contractual provision or the like from the buyer, IRTronix: (i) expressly disclaims any and all warranties against third party claims for infringement or the like, and (ii) shall have no obligation of any kind to the buyer for claims brought by third parties against the buyer for infringement or the like arising out of or in any way related to product purchased by the buyer from IRTronix.

How to Order

By Telephone:  310-787-1100

Our friendly sales representatives are available to serve you from Monday at 7:30am until Friday at 5:00 pm  (Pacific Standard Time). For most efficient service, please have ready a list of quantities and part numbers and, if paying by credit card, your MasterCard, VISA, American Express.

Note: Calls may be recorded or monitored for quality and training purposes.

By Fax:  310-787-1166

IRTronix Fax lines can be accessed 24-hours a day, 7-days a week, 365-days a year. Depending on the shipping method, fax orders will be processed and shipped according to the "Orders entered by" times listed under Shipment. Orders received after these cutoff times will be processed and shipped the next business day. Please include your daytime telephone number and/or email address in case we have any questions about your order.

By Internet:  www.irtronix.com

 Order Online 24-hours a day, 7 days a week, 365 days a year. IRTronix's Top Rated Web site receives hundreds-of-thousands of orders each year. Internet orders entered after 8:00pm CT will be promptly processed and shipped the next business day.

By Mail:  Send Your Orders To:

IRTronix,inc.
635 Hawaii Ave. Torrance, CA 90503, USA

Prices/Quantities

IRTronix makes every effort to present current and accurate pricing in its catalog and on its Web site. However, prices are subject to change without notice and quantities may be limited. All orders are subject to current pricing at time of acceptance by IRTronix.

Shipment

IRTronix's warehouse is open and staffed Monday through Friday from 7:30am to 5:00pm Pacific Standard Time (US), subject to holidays. Orders are shipped only on these business days. Orders and correspondence received on Saturday and Sunday will be addressed/shipped on the following Monday and included in that day's business.

IRTronix's Cut-off times for Same-Day Shipment, Monday - Friday, are as follows:

• Orders entered by 4:00pm PST - All USPS options (Express Mail, delayed 1 day)
• Orders entered by 4:00pm PST - FedEx ground
• Orders entered by 4:00pm PST - All UPS air and surface options; All FedEx air options

Shipping Charges

Shipping or freight charges and insurance will be paid by the customer*. All sales are made FOB point (as defined by the INCOTERMS 2000) in Torrance, CA, USA. Shipping or freight charges from IRTronix's warehouse in Torrance, CA, USA are prepaid and added to the invoice, billed collect or billed to a 3rd party.

* When a check or money order accompanies your order, IRTronix pays all shipping and insurance (our choice for method of shipping) to all addresses in the USA and Canada, unless such charges exceed 10% on orders of $200 or less, or 5% on orders greater than $200. IRTronix will notify you prior to shipment if these conditions exist.

Handling Charge

A $5.00 handling charge applies to all orders less than $50.00. This fee will be waived on orders of $50.00 or more.

Payment

IRTronix offers a number of convenient payment methods:

For United States customers we offer check, money order, MasterCard, VISA, American Express, and C.O.D. as well as open account credit to qualified institutions and businesses.

For Canadian customers we offer all of the above payment options except C.O.D.

Dishonored Check Policy

If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $20.00 as a service charge (if the check cannot be redeposited) pursuant to California Statutes § 332.50. In addition, you agree to pay any other reasonable charges imposed by any check verification company or collection agency that we may use for collection.

Out of Stock

On orders paid by check, money order or credit card, items not available for immediate shipment will be shipped as they become available. Items not available at the end of 30 days will be cancelled and refunded/credited in cases of prepayment. The number of backorder days may be extended beyond 30 days at customer's request. If a refund check is issued, the cancelled item can be re-entered without a handling charge if the check and cancellation notice are returned to us.

On orders billed to customers with open account credit, items not available for immediate shipment will be shipped and billed as they become available. Items not available at the end of 90 days will be cancelled. The number of backorder days may be extended beyond 90 days at customer's request.

International Orders

In addition to the United States and its territories, IRTronix accepts international orders. All orders of international origin are exported from the US in accordance with the Export Administration Regulations. Diversion contrary to US Law is prohibited. An additional handling charge of $6.00 may be included for processing and invoicing. All duties and taxes will be the responsibility of the customer.

Payment options for International customers: MasterCard, VISA, American Express, Discover, cashier's check in US funds, as well as open account credit to qualified institutions and businesses. We cannot accept personal checks or certified personal checks. Money orders can result in significant delays. Use of Letters of Credit must be approved in advance by IRTronix's Accounting Department.

To obtain a credit application for open account credit, contact any sales representative by calling 310-787-1100 or faxing your request to 310-787-1166. Or, you may download a credit application via the Internet. Please allow sufficient time for the credit approval process. To avoid delay on your initial order you may elect an alternative payment method.

Customer Service

Voice: 310-787-1100
Fax: 310-787-1166
Internet: www.irtronix.com

Mail: IRTronix Corporation • Attn: Customer Service • 635 Hawaii Ave. Torrance, CA 90503

A friendly, competent staff of Customer Service Representatives are available from Monday at 8:00am until Friday at 6:00am PST Time to assist you. Please have your sales order or invoice number available when you call.

Freight Damage

If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a IRTronix Customer Service representative immediately to initiate a claim.

Return Policy

IRTronix accepts merchandise returns subject to the terms outlined below and will replace the product or refund your money at your option.

To facilitate processing of returned merchandise:

• Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product.
• All returns should be made within 30 days of date of invoice and be accompanied by the original invoice number and a brief explanation of the reason for the return.
• Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
• Returned merchandise must be in original packaging and in resalable condition.
• Parts returned due to customer error may by subject to a restocking charge. "Not-In Catalog Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.
• Defective merchandise may be returned within 90 days of the original invoice date and need not be in original packaging.

Duplicate Mailings

If you receive more than one catalog with the same name and address, please return the labels to IRTronix and pass the catalog along to a friend. Also, if you do not require multiple copies to the same company address, contact a sales representative to verify and modify your mailing information. A forms based communications method to add, delete or modify mailing, shipping or billing information is available via the Internet Please note service opt-out options located on these forms. Alternatively, you may mail, telephone or fax IRTronix your request.

General

 As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. No rights, duties, agreements or obligations hereunder may be assigned or transferred by either party, by operation of law, merger or otherwise, without the prior written consent of the other. Any attempted or purported assignment shall be void. Notwithstanding the foregoing, Seller's obligations under these Terms and Conditions may be performed by divisions, subsidiaries or affiliates of Seller. The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective successors and assigns. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California excluding any law or principle which would apply the law of any other jurisdiction. The United Nations Convention for the International Sale of Goods shall not apply.