HUSSEINKEY TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (“Terms and Conditions”) govern the sale of products (“Products”) by Husseinkey to its customers (“Customers”).
These Terms and Conditions constitute the entire agreement regarding the sale of Products and supersede all prior proposals, negotiations, conversations, discussions, agreements, and/or representations, whether oral or written, including any industry custom or past dealings between the parties.
1. ACCEPTANCE AND CANCELLATION OF ORDERS
Website availability and pricing is an invitation for the Customer to make an offer. Responses to quotes and inquiries for pricing and availability are not offers by Husseinkey. Acceptance will be confirmed in writing, either by an Order Confirmation email or by EDI acknowledgement, or by executing the Customer’s order. An initial automated reply from the website only indicates that the order has been logged into Husseinkey’s system, not accepted. Orders accepted by Husseinkey may be canceled by the Customer only with written consent from Husseinkey unless they are “NC/NR” (Non-Cancelable/Non-Returnable), “Non-Standard Products”, or governed by a Purchase Agreement Letter. Cancellation or rescheduling of accepted orders without Husseinkey’s consent is prohibited. Orders cannot be canceled or rescheduled once submitted for shipment. Husseinkey reserves the right to limit, cancel, or allocate sales and quantities of selected Products at its discretion.
1a. RETURNS
Returns are accepted within 30 days of the ship date if pre-approved by Husseinkey. Return shipping must be prepaid by the Customer. Certain products must be returned directly to the manufacturer. Returned items must be in original, unopened, and unused condition. Contact Husseinkey for a Return Materials Authorization Number before returning any products.
1b. COUNTERFEIT PRODUCT PREVENTION
Only products originally shipped by Husseinkey or its suppliers are eligible for return. Any returned products must be in their original packaging, unused, and untested. Opened ESD-sensitive or programmable semiconductors are not eligible for return.
2. PRICES
Husseinkey endeavors to provide accurate price information but does not guarantee the accuracy or currency of such data. Prices are subject to change and are firm only for the period stated in Husseinkey’s quote. Errors in pricing are subject to correction. Prices exclude taxes, shipping charges, and other fees, which are the responsibility of the Customer.
3. TERMS OF PAYMENT
Payments must be in the currency specified on the invoice. Husseinkey accepts bank debit cards. Funds must be wired according to the instructions on the Proforma invoice sent after order placement. Customer is responsible for all applicable taxes and duties.
5. DELIVERY AND TITLE
Domestic shipments are FCA Husseinkey’s shipping point. International shipments follow Incoterms. Title and risk of loss pass to the Customer upon delivery to the carrier.
6. LIMITED WARRANTY
Husseinkey transfers to the Customer any transferable warranties from the product manufacturers. No other warranties are expressed or implied. Defective products must be reported within 90 days of shipment. Warranty excludes products misused or altered.
7. COMPLIANCE AND LEAD-FREE POLICY
Husseinkey identifies products as RoHS Compliant or Lead-Free based on manufacturer information without conducting its own testing.
7a. PRODUCT COUNTRY OF ORIGIN
Husseinkey maintains and provides Country of Origin information based on manufacturer data.
8. LIMITATION OF LIABILITIES
Husseinkey’s liability for any claims is limited to the purchase price of the Products. Husseinkey is not liable for consequential damages. Customers agree to indemnify Husseinkey against claims related to product use.
9. PRODUCT SAFETY NOTICE AND RESTRICTIONS
Products are intended for commercial use only. Customers are responsible for ensuring the suitability of products for their intended applications, particularly those that may involve personal risk or property damage.
10. STATEMENTS AND ADVICE
Technical advice provided by Husseinkey is given without charge and without liability.
11. NON-CANCELABLE/NON-RETURNABLE PRODUCTS
Husseinkey will designate certain products as NC/NR which cannot be canceled or returned after order confirmation.
12. INTELLECTUAL PROPERTY
Software and intellectual property included with products are subject to specific license terms and conditions.
13. FORCE MAJEURE
Husseinkey is not liable for delays caused by circumstances beyond its reasonable control.
15. GENERAL PROVISIONS
These Terms and Conditions prevail over any conflicting or additional terms in any other documentation. They are governed by and construed according to Texas law and applicable US federal law.
