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Terms & Conditions

TERMS AND CONDITIONS OF SALES

GENERAL TERMS

  1. MINIMUM ORDER VALUE: $ 350.00 USD / or a handling fee of $50.00 USD per order will be applied.
  2. To confirm an order, a Purchase Order including the quotation number must be submitted by e-mail to sales@castoroptics.com. The lead time starts the day of the emission of the Order Confirmation.
  3. Delivery times are estimates only. Castor Optics is not liable for any delay in delivery and will not assume any liability in connection with the shipment.
  4. All sales are F.O.B. Montreal, Quebec, Canada, and exclude shipping, taxes and duty.
  5. The prices are valid for 60 days or as stated.

PAYMENT TERMS

  1. Unless otherwise specified by Castor Optics Inc. the quote, the terms of custom orders and NRE charges are 100% Prepay.
  2. Excluding custom orders and NRE charges and subject to credit approval by Castor Optics Inc., all payments of other charges are due and payable in the full thirty (30) days from the date of the invoice, unless otherwise specified by Castor Optics.
  3. For payments by wire transfer, a fixed fee of $ 15.00 USD will be added to the invoice. The customer can waive the sender fees with his financial institution.
  4. For payments by credit card, a 3% transactional fee will be added to the invoice for amounts higher than $ 1,000.00.

SHIPMENT

  1. Release fees, broker fees & custom taxes are not included in the shipping fee and will be added to the invoice if they are charged to Castor Optics Inc.
  2. The shipping method can be changed until the shipment is created at the carrier. This may add lead time and fees. The customer will have to accept the new pricing or keep the previous shipping method.
  3. If not specified, the broker will be provided by the carrier.

CANCELLATION

  1. We cannot accept cancellations of custom orders already in production. Undelivered custom orders are subject to a termination charge, which covers a reasonable estimate of materials and work already expended by Castor Optics Inc.
  2. Unless otherwise stated in the Sale Order, orders (other than custom orders) may be cancelled at least thirty (30) days prior to the scheduled shipment date and shall be subject to a termination charge of not less than percent (10%) plus any additional costs of processing and order handling not covered by the termination charge. A minimum termination charge of 25% of the order value will apply on cancellations that take place less than 30 days before the scheduled delivery.
  3. Cancellation of an order must be submitted in writing by e-mail to Castor Optics Inc. at sales@castoroptics.com. The date on which the cancellation notice is received will dictate the conditions to be applied.

RETURNS

  1. With the exception of prototypes, modules, and custom items (including patch cables), all standard stock items are eligible for a full refund within 30 days of purchase if the item is returned unopened, and is in its original packaging. Restocking fees may apply based upon the quality and quantity of the items being returned or for requests to return goods outside of the initial 30-day return period.
  2. Any products that have come in contact with biological specimens or hazardous materials cannot be returned.
  3. Repair charges typically include parts, labor, and shipping and will be quoted accordingly.
  4. Acceptance of the repair quote is required prior to any work being performed.
  5. In all circumstances, the customer is responsible for all shipping charges, including customs and duties if applicable.
  6. Products returned to Castor Optics, Inc. must have a Returns Material Authorization (RMA) number. Return authorization requests can be made by contacting our team at sales@castoroptics.com.
  7. The complete warranty is stated in the next section.

LIMITED WARRANTY

Subject to the limitations set forth in these Terms and Conditions of Sale, Castor Optics warrants (the "Limited Warranty") that all Products sold by Castor Optics will conform to Castor Optics’ published specifications for such Product and shall be free from defects in materials and workmanship under normal use, handling and service for 1 year after the delivery.

Castor Optics shall have no obligation under the Limited Warranty or otherwise, and this Limited Warranty does not apply to (i) Products which are (a) identified by Castor Optics as a pre-production product, sample, alpha, beta or similar product or a prototype, (b) specials, modifications, or customized items (including custom patch cables) meeting the specifications provided by Buyer; (c) electrostatic-sensitive items whose static protection packaging has been opened, or items that are fragile to the touch, once removed from its packaging; (d) repaired, modified or altered by any party other than Castor Optics; (e) used in conjunction with equipment not provided by, or acknowledged as compatible by, Castor Optics; (f) subjected to unusual physical, thermal, or electrical stress; (g) damaged due to improper installation, misuse, abuse, or storage; or (h) damaged due to accident or negligence in use, storage, transportation or handling, or (ii) the use, fit or function of Products that are assembled or constructed from a kit, or (iii) to software supplied or made available by Castor Optics for use in connection with certain Products. To the extent any Product is incorporated into any other instrument or device, Castor Optics makes no representation with respect to the safety, efficacy, accuracy, reliability, use, or fitness for intended purpose of such Product in such integrated product or in such application. To the extent so incorporated into any other instrument or device, or used in such application, Buyer hereby agrees to indemnify and hold Castor Optics harmless from any claims, suits, liabilities, losses, damages, expenses (including reasonable attorneys’ and experts’ fees and expenses) and costs arising from or relating to any defects in and/or the use of any Product and such integrated product, and/or the failure of any Product or such integrated product to comply with any applicable laws or regulations. Major sub-systems manufactured by other firms but integrated into any Product are covered by the original manufacturer’s warranty and Castor Optics makes no warranty, express or implied regarding such sub-systems.

Subject to Buyer's compliance with the procedures set forth in paragraph 5 above, Castor Optics' sole obligation, and Buyer's exclusive remedy for any defective Product, shall be limited, at Castor Optics' option, to either repairing or replacing, free of charge for materials or labor, any Product (or its relevant parts) which is proved not in compliance with the Limited Warranty during the applicable warranty period. No other Product returns are permitted without Castor Optics’ written consent. Any repaired or replacement Product shall carry the Limited Warranty, however, such Limited Warranty shall begin from the start date of its original warranty period. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH ABOVE, AND SUBJECT TO PARAGRAPH 7 BELOW, THE PRODUCTS ARE PROVIDED “AS IS” AND CASTOR OPTICS EXPRESSLY EXCLUDES AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND THEIR PERFORMANCE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION ON LIABILITY

To the extent not prohibited by applicable law: UNDER NO CIRCUMSTANCES, AND REGARDLESS OF THE NATURE OF THE CLAIM, SHALL CASTOR OPTICS BE LIABLE TO BUYER FOR LOSS OF PROFITS, SALES OR BUSINESS, LOSS OF ANTICIPATED SAVINGS, WORK STOPPAGE OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS AND CONDITIONS OF SALE, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CONSEQUENTLY, CASTOR OPTICS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON THE USE OF THE PRODUCT IN COMBINATION WITH OR INTEGRATED INTO ANY OTHER INSTRUMENT OR DEVICE. HOWEVER, IF CASTOR OPTICS IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FORANY LOSS OR DAMAGE ARISING UNDER OR RELATED TO THESE TERMS AND CONDITIONS OF SALE OR THE TRANSACTIONS HEREUNDER, REGARDLESS OF CAUSE OR ORIGIN, CASTOR OPTICS' TOTAL, CUMULATIVE LIABILITY SHALL NOT IN ANY CASE EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST CASTOR OPTICS.

INTELLECTUAL PROPERTY RIGHTS

Any intellectual property rights on a worldwide basis, including, without limitation, patentable inventions (whether or not applied for), patents, patent rights, copyrights, work of authorship, moral rights, trademarks, service marks, trade names, trade dress trade secrets and all applications and registrations of all of the foregoing resulting from the performance of these Terms and Conditions of Sale that is conceived, developed, discovered or reduced to practice by Castor Optics, shall be the exclusive property of Castor Optics. Specifically, Castor Optics shall exclusively own all rights, title and interest (including, without limitation, all intellectual property rights throughout the world) in and to the Products and any and all inventions, works of authorship, layouts, know-how, ideas or information discovered, developed, made, conceived or reduced to practice, by Castor Optics, in the course of the performance of these Terms and Conditions of Sale.

MISCELLANEOUS

  1. Force Majeure. Except as it relates to any payment of amount of money, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, act of God, or other similar causes beyond its reasonable control (collectively "Force Majeure") and without the fault or negligence of the delayed or nonconforming party.