TERMS AND CONDITIONS OF SALE
The following are the terms and conditions of the agreement (“Terms and Conditions”) for the sale of products.
Agreements under these Terms and conditions of sale form the sole agreement concerning the sale of products and supersedes all proposals, negotiations, conversations, discussions, agreements and representations, whether oral or written, including any industry custom or past dealing between the parties relating to the sale of products.
PRICES
We make every effort to provide current and accurate information relating to prices but do not guarantee the currency or accuracy of any such information. Prices are subject to change before the completion of your order. If we discover an error in pricing, we will notify the customer of the corrected version, and the customer may choose to accept the corrected version or cancel the order. We are not responsible for pricing, typographical, or other errors in any communication with the customer and reserve the right to cancel any orders arising from such errors. Orders are billed at the prices and currency in effect at the time of shipment. Prices will be as specified by us and apply for the period specified in the quote. Unless otherwise stated on the quote, quotes are invitations to tender and are subject to change at any time without notice. If no period is specified, quoted prices will be applicable for thirty (30) days. The website reflects the latest pricing information. Prices shown on the website are subject to change without notice. Prices are subject to increase in the event of an increase in our costs or other circumstances beyond reasonable control, including but not limited to manufacturers’ price increases, changes in the exchange rate, or quoting errors. If the customer does not purchase the quantity based upon quantity prices, the customer will pay the non-discounted price for the quantity purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees.
TERMS OF PAYMENT
All payments must be made in the currency billed on the original invoice or credit card receipt. Credit cards accepted include major credit cards, purchase cards, and major bank debit cards, including MasterCard, VISA, Diners Club, Discover, and American Express. Credit Card billing information must be verified on new customers before the order shipment. Prepaid Wire Transfer/EFT/Proforma: Customers can wire the funds to our bank. After your order is placed, we will e-mail a Proforma invoice which includes our bank information, the merchandise total and shipping charges. We will reserve stock for your order for 72 hours on orders awaiting funds. Orders will be cancelled after 20 business days if funds have not been received. The customer is responsible for duties and taxes.
TERMS OF PAYMENT
For All Orders
The customer agrees to pay the entire amount of each invoice following the terms of each invoice without offset or deduction. Orders are subject to credit approval by our Accounts department, which may in its sole discretion at any time change the terms of the customer’s credit, require payment in cash, bank wire transfer/EFT or by official bank check, and/or require payment of any or all amounts due or to become due for customer’s order before shipment of any or all of the Products. If we reasonably believe that the customer’s ability to make payments may be impaired, or if the customer fails to pay any invoice when due, we may suspend delivery of any order, or any remaining balance, until such payment is made or cancel any order, or any remaining balance. The customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by the customer. The customer agrees to submit such financial information as we may reasonably require to determine credit terms and/or continuation of credit terms. Checks are accepted subject to collection, and the date of collection will be deemed the date of payment. We may apply any check received from the customer against any obligation owed by the customer under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging the customer’s liability for any additional amounts owed by the customer to us. The acceptance of such a check will not constitute a waiver of our right to pursue the collection of any remaining balance. Invoices not paid, when due, will bear interest to the date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If the customer fails to make payment when due, We may pursue any legal or equitable remedies, in which event we will be entitled to reimbursement of costs for collection and reasonable attorneys’ fees. There is a $25 (USD) service charge on all returned checks.
SALES TAX
US Shipments
When required by law, we will collect Federal, State and/or local sales, use, excise, and other taxes that apply to a customer’s shipment. These taxes are in addition to the purchase price of the Products subject to an order. The customer will remit the correct tax unless the customer is tax exempt and we have a valid signed tax exemption certificate.
INTERNATIONAL Shipments
All applicable VAT, PST, HST, and/or GST charges and brokerage fees will be the customer’s responsibility and due at the time of delivery.
DELIVERY AND TITLE
Domestic shipments by we are typically FCA point of shipment from our facility, and the amount of all transportation charges will be paid to us by the customer and the purchase price of the Products. Subject to our right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to the customer, and title and risk of loss will pass to the customer. We will make reasonable efforts to initiate shipment and schedule delivery close to the customer’s requested delivery date(s). The customer acknowledges that delivery dates provided by us are estimates only and that we will not be liable for failure to deliver on such dates. We will make the selection of the carrier and delivery route unless specifically designated by the customer. We reserve the right to make deliveries in instalments. Delay in delivery of one instalment will not entitle the customer to cancel any other instalment (s). Delivery of any instalment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve the customer of the obligation to accept delivery and pay for the Products delivered.
International shipments follow the Incoterms published by the International Chamber of Commerce. We select an Incoterm for a Customer order based on Customer address, destination, and/or currency. Title transfer will be following the Incoterm selected for the shipment by us. By default, if Incoterm is not specified, the Incoterm will be the FCA point of shipment from our facility.
LIMITED WARRANTY
Mouser agrees to transfer to the customer whatever transferable warranties Mouser receives from the manufacturer of Products sold to the customer. Mouser makes no other warranty, express or implied, concerning the Products. IN PARTICULAR, MOUSER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. Mouser’s liability arising out of any sale of products to the customer is expressly limited to either (1) Refund of the purchase price paid by the customer for such Products (without interest) or (2) Repair and replacement of such Products, at Mouser’s election, with such remedies exclusive, and excluding all others. The customer must notify Mouser within 90 days from the date of shipment of any defective product. This warranty excludes any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are expressly excluded and shall not apply. Customer’s obligations and Mouser’s remedies concerning defective or nonconforming products are solely and exclusively as stated herein. Furthermore, no warranty will apply if the product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.
PRODUCT COUNTRY OF ORIGIN
Mouser Electronics maintains Country of Origin information on all products in its inventory. The information is provided to Customers on product labels and product shipping documents. This information is based on manufacturer-provided information according to Customs Regulations. Our manufacturers do not provide the country of origin of each raw material or subcomponent incorporated into the manufacturer’s final product.
FORCE MAJEURE
We will not be liable for delivery delays or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labour disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Our time for delivery or performance will be extended by the period of such delay, or we may, at its option, cancel any order or remaining part thereof without liability by giving notice to the customer.
EXPORT CONTROL POLICY
Grandmart Limited is committed to compliance with all US, EU member states, UK and selected foreign export, import, customs and economic sanctions laws, regulations, rules and orders (collectively, “Trade Control Laws”) to which products purchased from us apply.
We will not sell or ship to embargoed countries or individuals and entities who are restricted. Denied person List, Entity List, Unverified List, military end-user list, or military end use in China, Russia, Venezuela, Burma and Cambodia; and c) Department of State’s AECA Debarred List, among others. We will not export Products prohibited by the Export Administration Regulations (“EAR”).