Contact Lumex N.A.
425 N. Gary Ave.
Carol Stream, IL 60188
Contact Lumex Asia
3F, No. 972, Sec 4
Chung Hsing Road, Chu Dung
Hsin Chu County
Terms & Conditions of Sale
Terms and Conditions of Sale
- Prices — Product prices applicable to Purchaser shall be those stated in current written quotations issued to the Purchaser by authorized representatives of Lumex or, in the absence of such quotations, product prices specified in Lumex price lists effective as of the date of order placement. With the sole exception of process stated in written quotations, which have been accepted by Purchaser, prices of all Lumex products are subject to change, at any time, without notice.
Sales Tax — (a) Product prices, whether contained in quotations, price lists, or elsewhere, do not include sales, use, excise, or other such taxes. Accordingly in addition to specified product prices, Purchaser shell be billed for all taxes applicable to its purchase of Lumex products.
(b) If Purchaser is an organization exempt from any such tax, it shall provide Lumex with proper written certification of such status at the time of order placement. In the event that such certification is later found to be insufficient or otherwise ineffective, Purchaser shall promptly pay all taxes, which should have been paid on such purchase.
Payment Terms — (a) Lumex shall have the right to determine whether Purchaser shall be granted an open account for purchase of Lumex products, and the terms of such credit. Purchaser shall co-operate in such determination from time to time based on its view of the creditworthiness of Purchaser.
(b) Each shipment of product shall be considered a separate order and transaction and payment for each shall be made accordingly.
(c) If work toward the completion of an order is delayed by Purchaser, Lumex shall have the right to require partial payment from Purchaser, determined on an estimated percentage-of-completion basis. If shipment of an order is delayed by Purchaser, Lumex shall have the right to require full payment from Purchaser when Lumex is prepared to make shipment. Any product held for Purchaser shall be at Purchaser's full risk and expense.
- Minimum Order Size — All product shall meet the minimum dollar and quantity requirements specified by Lumex as of the date of order placement.
- An acknowledgment of Orders — Lumex generally does not acknowledge products orders where delivery of the entire order is expected to be made, within five working days. Lumex generally acknowledge all other orders with written delivery schedules.
- Packaging — All product orders are packaged according to Lumex standards. Purchaser shall be billed for any special packaging which it requests.
- Shipments of Orders — All shipping dates specified by Lumex are approximate, and contemplate the prompt receipt from Purchaser of all necessary information. Orders shall be shipped F.O.B> Palatine, Illinois 60067, and all transportation costs shall be billed to Purchaser. Purchaser shall additionally be billed for any special handling or shipping arrangement, which is requested.
- Quantity Variations — Variations in quantities shipped by Lumex by +or — 10% from quantities ordered by Purchaser should constitute compliance with such order and the specified unit price for such product shall apply for purposes of pricing.
- Risk of Loss — All risk of loss or damage to product, orders, during shipment shall be borne by Purchaser. Purchaser shall file and prosecute all required claims against carriers.
- Title to Product — Title to and ownership of products shipped by Lumex shall remain vested in Lumex until Purchaser has made full payment for such products.
- Tooling and Equipment — The inclusion on an invoice of itemized charges for special tooling, equipment or engineering services shall not confer on Purchaser any right or interest therein. All tooling and equipment developed or used to complete a product order shall remain the sole property of Lumex.
Cancellation and Reschedule of Orders — (a) No order placed by the Purchaser may be canceled or rescheduled, if the product has already been shipped, if the product has already been manufactured and set aside for shipment, or if the attempted cancellation or reschedule occurs less than 60 days prior to the scheduled date of shipment.
Under any other circumstance an order may be canceled, provided that Purchaser reimburses Lumex for all costs, both direct and indirect already incurred by Lumex in connection with filling of said order (including, without limitation, costs relating to the acquisition of raw materials, fabrication of same and manufacture of such product), plus a reasonable profit thereon. In no event shall costs exceed the purchase price specified by Lumex for such product.
In the event of cancellation or lack of quantity fulfillment by Purchaser of a blanket order, Purchaser shall reimburse Lumex the full amount of any special discounts received by the Purchaser on such order, in addition to the charges specified in paragraph 12(b) herein above.
Return of Product — (a) Purchase shall contact Lumex no later than 14 days following its receipt from Lumex of either wrong product, damaged product, or product which it did not order.
In the event that Lumex is responsible for any such miss-shipment, arrangements will be made for the return or other disposition of such product at the expense of Lumex. All such product shall be returned to lumex by the least expensive means of transportation.
In the event that Purchaser is responsible for any such miss-shipment, Lumex may, but shall not be obligated to authorize the return of such product. In the event that Lumex does authorize return of such product, it shall be returned by Purchaser transportation prepaid, F.O.B. Carol Stream, Illinois 60188.
Lumex shall not, under any circumstances be required to accept the return of miss-shipped product where (i) Purchaser fails to advise Lumex of the mis-shipment within 14 days of its receipt of same, or (ii) Purchaser fails to obtain the prior authorization of Lumex to return it.
Any product returned by Purchaser to Lumex, for any reason, must be returned in its original packaging and shall be subject to inspection and acceptance by Lumex. In the event Lumex does not accept such product, it shall be returned to Purchaser, transportation collect.
Limited Warranty — (a) Lumex hereby warrants that all products that it sells to Purchaser conform to samples or specifications provided by Lumex, or those provided by Purchaser and accepted in writing by Lumex. That all such products shall be free from defects in material and workmanship for a period of six months from date of shipment by Lumex. In the event that a defect covered by this limited warranty appears within a six-month period and provided that Lumex receives written notice of such defect within 10 days of its observance, Lumex shall provide Purchaser with a replacement of such product.
No product alleged to be defective should be returned by Purchaser without the prior express authorization of Lumex. Any such product must be returned in its original packaging and shall be subject to inspection by Lumex. In the event that Lumex does not accept such product, it shall be returned to Purchaser, transportation collect.
- Disclaimer of all other warranties — Purchaser acknowledges and agrees that with the sole exception of the foregoing limited warranty, Lumex has not made and makes no representations or warranties of any kind or nature, either express of implied, concerning its products both expressed and implied including, without limitation, all representations and warranties of merchantability and fitness for a particular purpose.
- Limitation of liability — Lumex's total liability for damages, if any, arising in connection with any product order shall not exceed the price paid by Purchaser for the specific product item(s) at issue, regardless of whether any such claim arises in or under contract, statue or tort. Lumex shall not be liable, under any circumstance, for incidental, indirect, consequential or special damages, including, without limitation, loss of anticipated profits, loss or destruction of equipment or data. Expenses incurred in the actual removal and replacement of product items, or damages resulting from claims brought against Purchaser by other persons. No cause of action arising in connection with any purchase may be brought against Lumex more then 12 months after it accrues.
- Indemnification — Purchaser shall indemnify and hold Lumex harmless from and against any claims, demands and causes of action arising or relating, in any way to any infringement of any patent, trademark, copyright, trade secret or proprietary right resulting from Lumex's use of, or adherence to any designs, drawings, specifications, instructions or information provided by purchaser.
- Finance Charges and Attorneyâ��s Fees — in the event that Purchaser does not make full payment of invoiced amounts when due, finance charges on any outstanding balance shall accrue at the rate of 18% per annum until such amounts are paid in full. Should Lumex be compelled to enforce its right to payment or any of its other rights hereunder, Lumex shall be entitled to reimbursement by Purchaser of all expenses of enforcement and collection, including court costs and reasonable attorneys' fees.
- Force Majeure — Lumex shall not be deemed in default or liable for any failure or delay in its part to fire, explosion, accident, flood, storm, act of god, governmental acts, orders or regulation, fuel shortage, mechanical breakdown, failure of power, civil disturbance, hostilities, strike, labor trouble, delay of carriers, acts or omissions of Purchaser, its employees or agents, or any circumstances beyond the reasonable control of Lumex.
- Saving Clause — If any provision of these Terms & Conditions of sale shall be held invalid, illegal and unenforceable, it shall be deemed stricken here from without in any way affecting or impairing the validity, legality and enforceability of the provisions hereof.
- Governing Law — these Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Illinois.
- No assignment — Purchaser may not assign or transfer its interest hereunder without the prior written consent of Lumex. Any attempted assignment or transfer by Purchaser without such consent shall be deemed null and void.
- Modification — No change, modification, recission, abandonment or waiver of these Terms and Conditions of Sale shall be binding upon Lumex unless made in writing and signed on behalf by an authorized officer of Lumex. Without limiting the generality of the foregoing, no term or condition contained in any purchase order of Purchaser which is inconsistent with these Terms and Conditions of Sale shall be binding upon Lumex, regardless of whether such purchase order has already been or is hereafter acknowledged by Lumex.