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TERMS & CONDITIONS

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CHIP 1 EXCHANGE USA, INC. TERMS AND CONDITIONS

THE SALE OF PRODUCTS AND SERVICES (“PRODUCTS”) BY Chip 1 Exchange, INC.
(“Chip-1”), ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) REGARDLESS
OF OTHER OR ADDITIONAL TERMS OR CONDITIONS THAT CONFLICT OR CONTRADICT THIS
AGREEMENT IN ANY PURCHASE ORDER, DOCUMENT, OR OTHER COMMUNICATION (“ORDER”).
PREPRINTED TERMS AND CONDITIONS ON ANY CUSTOMER (“CUSTOMER”) DOCUMENT (FOR
EXAMPLE: PURCHASE ORDERS OR CONFIRMATIONS) AND/OR Chip-1’S FAILURE TO OBJECT TO
CONFLICTING OR ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THE TERMS OF THIS
AGREEMENT.

1.) ORDERS All Orders are subject to acceptance by Chip-1. Chip-1 reserves the
right to distribute the sale of Products amongst its customers. All orders are
considered non-cancelable and non-returnable (“NCNR”) unless approved in writing
by Chip-1. The Customer may not terminate or reschedule orders for any Products
without Chip-1’s permission, which permission shall not be unreasonably
withheld. However, once orders (Product) are shipped, no cancellation or
reschedules shall be permitted.

2.) PRICES Chip-1 quoted prices are valid for 30 days or as otherwise specified
in its quote. Notwithstanding this period, Chip-1 may boost prices if Chip-1’s
costs increase or due to other circumstances beyond Chip-1’s reasonable control.
Chip-1 shall provide notice to customer prior to shipment, giving the Customer
the opportunity to revoke the order, which revocation shall be made in writing
within 24 hours of such announcement. Prices are for Products only and do not
include taxes, impositions and any other charges, fees, shipping charges and
duties imposed by any government authority. Customer is responsible for any
additional fees and taxes.

3.) TERMS OF PAYMENT. Payment of the total invoice amount, without offset or
deduction, is due 30 days from the invoice date. On any past due invoice, Chip-1
interest shall accrue from the payment due date to the date of payment at 1% per
month, plus if applicable, any reasonable attorney fees and collection costs.
Chip-1 may modify the terms of Customer’s credit at any time and Chip-1 shall
provide at least 10 days’ notice of any such modification. Chip-1 may apply
payments to any of Customer’s accounts and may apply said payments to the oldest
outstanding invoice, plus interest charges, if applicable.

4.) DELIVERY AND TITLE. Unless otherwise specified by Chip-1 in writing, all
deliveries by Chip-1 are EXW Chip-1’s warehouse. Title shall pass to Customer
upon delivery of the Products to the carrier. Chip-1’s delivery dates are
estimates only and subject to timely receipt of Product by Chip-1 from our
suppliers. Chip-1 is not liable for delays in delivery. Chip-1 reserves the
right to make incomplete deliveries and Customer will accept delivery and pay
for the Products delivered. A delayed delivery of any part of an Order does not
entitle Customer to terminate other deliveries.

5.) ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS Customer must notify Chip-1 in
writing of any damage, shortage, or other discrepancy to Products within 5 days
after delivery. After this time period, Customer is considered to have accepted
the Products and may not rescind acceptance. Customer cannot return Products
without a return material authorization (“RMA”) number. “RMA” Requests will only
be reviewed if the application is made within 30 days of delivery and acceptance
of product. Returned Products must be in original manufacturer’s shipping
containers or equivalent. Customer must return all Products, freight prepaid, as
detailed in the RMA and pay any restocking charges. At Chip-1’s discretion,
Chip-1 will return all Products not eligible for return to Customer freight
collect, or hold Product for Customer’s account at Customer’s expense.

6.) CHIP 1’s LIMITED WARRANTY Chip-1 will transfer to Customer any Product
warranties and indemnities authorized by the manufacturer, including any
transferable warranties and indemnities for intellectual property infringement.
Such transfer is not a lengthening of any warranty period. Chip-1 warrants the
Products will conform to the manufacturer’s specifications. Value-added work
performed by Chip-1 on Products will conform to Customer’s specifications.
Chip-1 MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. Chip-1 MAKES NO WARRANTY OF
MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. If Products do not
meet manufacturer’s specifications or if value-added work by Chip-1 does not
meet Customer’s specifications, Chip-1 has the option to (1) repair the
Products, (2) replace the Products at no cost to Customer; or (3) refund
Customer’s purchase price. Customer must return the contended non-conforming
Products to Chip-1, along with acceptable proof of purchase, within 30 days from
date of delivery, freight charges prepaid.

7.) LIMITATION OF LIABILITY Chip-1 IS NOT LIABLE FOR AND CUSTOMER IS NOT
ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; FOR
EXAMPLE, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE, REWORK,
MANUFACTURING EXPENSE, INJURY TO REPUTATION, OR LOSS OF CUSTOMERS. CUSTOMER’S
RECOVERY FROM Chip-1 FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE
PRODUCT AT ISSUE. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD Chip-1 HARMLESS FROM
ANY CLAIMS BASED ON; (i) Chip-1’S COMPLIANCE WITH CUSTOMER’S DESIGNS,
SPECIFICATIONS, OR INSTRUCTIONS, (ii) MODIFICATION OF ANY PRODUCTS BY ANYONE
OTHER THAN Chip-1, OR (iii) USE IN COMBINATION WITH OTHER PRODUCTS.

8.) FORCES BEYOND CHIP-1’s CONTROL Chip-1 is not liable for failure to fulfill
its obligations for any accepted Order or for delays in delivery due to causes
beyond its reasonable control, (for example: acts of God, acts or omissions of
the Customer, man-made or natural disasters, epidemic or medical crises,
materials shortages, strikes, acts of terrorism, delays in transportation, or
inability to obtain labor or materials through its regular sources).

9.) USE OF PRODUCTS Products are not authorized for use in crucial safety or
other applications where a failure may reasonably be expected to result in
personal injury, loss of life, or catastrophic property damage. If Customer uses
or markets the Products for use in any such applications, Customer acknowledges
that such use or sale is at Customer’s sole risk. Customer will indemnify,
defend and hold Chip-1 and the Product manufacturer harmless from and against
any and all liabilities and costs arising out of or in connection with such
usage or sale.

10.) EXPORT/IMPORT Certain Products sold by Chip-1 and other related technology
and documentation are subject to export control laws, regulations and orders of
the United States and the export or import control laws and regulations of other
countries. Customer will not directly or indirectly export or redirect any
Products and other related technology and documentation to any third party or
country where such export or transmission is restricted or forbidden. Customer
agrees it is their sole responsibility to obtain any license to export,
re-export, or import as may be required.

11.) PRODUCT INFORMATION Product information, including information related to a
Product’s specifications, export/import control classifications, uses or
conformance with legal or other requirements, is obtained by Chip-1 from its
suppliers or other sources. Such information is provided by Chip-1 on an “AS IS”
basis. Chip 1 makes no representation as to the accurateness or completeness of
the Product information, and disclaims all representations, warranties and
liabilities under any theory with respect to the Product information, including
any implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement. Chip-1 recommends Customer validate any Product
Information before using or proceeding on such information. All Product
information is subject to modification without notice. Chip-1 is not responsible
for typographical or other errors or omissions in Product information.

12) GENERAL

 1. The laws of the State of California will exclusively govern any dispute
    between Chip 1 and the Customer without reference to California’s conflict
    of laws principles. The United Nations Convention for the International Sale
    of Goods shall not apply. Venue shall be in Orange County, California.
 2. Customer may not designate this Agreement without the prior written consent
    of Chip-1. Chip 1 or its affiliates may perform the obligations under this
    Agreement. This Agreement is binding on successors and assigns.
 3. This Agreement can only be altered in writing signed by authorized
    representatives of both Chip 1 and Customer.
 4. Chip-1 and Customer are independent contractors and agree that this
    Agreement does not establish a joint venture or partnership.
 5. Statements or advice (technical or otherwise) if given without charge, are
    an accommodation to Customer and Chip 1 has no responsibility or liability
    for the content or use of such statements or advice.
 6. Chip-1’s failure to object to any document, communication, or act of
    Customer will not be deemed a waiver of any of these terms and conditions.
 7. The unenforceability of any of these terms or conditions will not affect the
    remainder of the terms or conditions.
 8. Products, including software or other intellectual property, are subject to
    any applicable rights of third parties, such as patents, copyrights and/or
    user licenses.
 9. Customer and Chip 1 will comply with applicable laws and regulations.

Chip 1 Exchange is a franchised distributor specializing in the distribution of
electronic components for medical, automotive, industrial, mobile computing and
aerospace applications. From off the shelf standard electronic products to full
custom solutions, we desire our customers to enjoy a one-stop-shopping
experience.

ABOUT US

 * Products
 * Services
 * Careers
 * Get a Quote
 * Upload B.O.M
 * Upload Excess
 * Line Card

CONTACT US

 * USA: +1 469 998 2227
 * Brazil: +55 113 958 7992
 * Mexico: +52 551 168 9735
 * Germany: +49-(0) 6102-8169-0
 * Asia: +86 158 0186 6688
 * Email: info@chip1.com

CERTIFICATIONS



© Copyright 2023 Chip 1 Exchange.
All Rights Reserved.

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