Custom-Built Product Terms

General Terms and Conditions


Quotation expiration date:
30 days from the date of this quotation.

Specifications:
By accepting this proposal you will be acceding to the project/product description and/or specifications delineated above. Such specifications supersede any others, and may be modified only by written mutual agreement, such agreement shall become an addendum to this quotation. Any changes and modifications may result in price revisions.

Payment Terms:
Nonrecurring Engineering and First Article charges are payable at the time of order. All production unit orders require a down payment of 50.0% at time of order. The balance is to be paid upon delivery (Wire Transfer, COD or LC).

Delivery Schedule:
Delivery is quoted from receipt of order with payment, or following receipt of the last specification change.

Prices for future orders:
Prices are subject to change without prior notice.

Customer purchase order:
Customer’s purchase order to Genovation must refer to this quotation number. Unless agreed to in writing by Genovation, the terms and condition of this quotation will prevail over those of any purchase order issued by the Customer.

F.O.B.:
Genovation’s plant, Irvine, CA

Warranty:
Warranty includes labor and materials, and is 90 days on board level products and 12 months on finished products. We pay freight out from Genovation by UPS ground transportation. Failures due to customer mishandling or error are not covered by warranty. Determination of warranty responsibility will be made by Genovation after return of the failed product to Genovation’s facility, and analysis of the cause of failure.

Cancellation:
In case of cancellation prior to delivery, charges will include:

  • Actual cost of all non-returnable materials purchased or committed to by Genovation on you behalf, to the date your cancellation order was received by Genovation, plus a fifteen percent (15%) surcharge.
  • All cancellation charges incurred by Genovation for commitments made by Genovation in your behalf to Genovation’s suppliers, for tooling, engineering and other services, at the actual cancellation costs plus a fifteen percent (15%) surcharge.
  • All labor actually expended by Genovation’s personnel on your behalf, calculated at payroll rates plus one hundred percent (100%).
  • The balance of all payments made by customer to Genovation for tooling or nonrecurring engineering that were not expended as described above, will be refunded to the customer.

Schedule modifications:
Modification by Customer of any agreed upon release schedule may result in extra charges.

Returns for credit:
Production units that meet the specifications of the approved First Article are not returnable. Genovation’s responsibility under its warranty is to ensure that production units meet the test specifications, design and quality of the approved First Article.

Liability:
Under no circumstances will Genovation be liable for any cost or obligation to the customer or others for damages, lost time or wages or any other cost due to the installation of, use of, lack of use of, or application of any product produced by Genovation. Genovation’s maximum liability will be limited to the repair, replacement or refund of the cost of any production units not meeting the approved specifications and returned to Genovation after first obtaining an RMA (Return Material Authorization) prior to shipment.

Rights:
Nothing herein conveys to customer any rights or ownership of the technologies, circuit designs, software trademarks, copyrights, product names, patents and trade secrets of Genovation. Such ownership and rights remain the property of Genovation. All software or firmware that are a part of any products delivered by Genovation to Customer are copyright protected by Genovation and shall not be duplicated in whole or in part by customer or customer affiliates, subsidiaries, vendors, customers or other related parties.

Dispute resolution:
Any dispute between the parties related to this quotation and resulting business activities shall be settled by binding arbitration under the current rules of the American Arbitration Association; in addition, either party shall have the right to conduct discovery in accordance with the laws of the State of California. The parties shall select one arbiter who shall be knowledgeable in both the technology and business standards relevant to the personal computer industry. The proceedings of the arbiter shall be held in Irvine, California. All questions of law shall be decided in accordance with the laws of the State of California as applied to California residents.

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