Terms & Conditions
GIGOPTICS, INC. Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY GIGOPTICS, INC. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and GIGOPTICS, INC. (References to "you" or "your" shall relate to a customer of GIGOPTICS, INC. or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "GIGOPTICS, INC." shall relate to GIGOPTICS, INC. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by GIGOPTICS, INC. from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by GIGOPTICS, INC. from its offices within the United States. GIGOPTICS, INC. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH GIGOPTICS, INC.. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and GIGOPTICS, INC.. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "GIGOPTICS, INC." shall relate to GIGOPTICS, INC. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by GIGOPTICS, INC. is GIGOPTICS, INC.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
GIGOPTICS, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY GIGOPTICS, INC. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, GIGOPTICS, INC. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While GIGOPTICS, INC. uses reasonable efforts to include accurate and up-to-date information on the Site, GIGOPTICS, INC. makes no warranties or representations as to the Site's accuracy. GIGOPTICS, INC. assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
GIGOPTICS, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. GIGOPTICS, INC. WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, GIGOPTICS, INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), GIGOPTICS, INC.'s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Palm Beach County, Florida. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon GIGOPTICS, INC. until accepted by GIGOPTICS, INC.. Terms of payment are within GIGOPTICS, INC.'s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. GIGOPTICS, INC. may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, the total weight of each order will be rounded up to the next full pound for freight calculation purposes.
GIGOPTICS, INC. offers a 30-day money-back return policy. Within 30 days of purchase, customers may return an order and obtain a refund as long as the original parts have not been unpacked or touched. To access the 30-day money-back return, simply contact GIGOPTICS, INC. for a Return Material Authorization (see RMA Policy below) number and ship the product, prepaid and insured to GIGOPTICS, INC.
If any GIGOPTICS, INC. product fails due to a defect in materials or workmanship within Three (3) years from original shipment, GIGOPTICS, INC. will, at its sole option, repair or replace the product or refund the original purchase price. To access this Limited Warranty, simply contact GIGOPTICS, INC. for a Return Material Authorization (see RMA Policy below) number and ship the product, prepaid and insured to GIGOPTICS, INC.
This Limited Warranty is given in lieu of all other warranties, express and/or implied and to the maximum extent permitted by law, GIGOPTICS, INC. disclaims all other warranties, expressed and/or implied, including the warranty of merchantability and fitness for any particular purpose. No employee of GIGOPTICS, INC. has the authority to verbally modify this Limited Warranty. In no event shall GIGOPTICS, INC. ever be liable for any incidental, consequential and/or other damages, including, but not limited to loss of data, productivity, opportunity, and/or profits. In addition, where permitted, buyer’s sole and exclusive remedy shall be limited to refund of the original purchase price of the defective product. Some states may give you specific legal rights and/or provide for specific remedies which may override some of the terms of this Limited Warranty.
All else not withstanding, acceptance of products from GIGOPTICS, INC., constitutes acceptance of this Limited Warranty.
All parts returned to GIGOPTICS, INC. must first obtain a Return Material Authorization (RMA) from GIGOPTICS, INC. Returned goods must be shipped freight prepaid in their original boxes and packing material. The return shipment must have the issued RMA printed on the outside of the shipping material and the RMA form along with a copy of the packing list/receipt must accompany all returned products. Returned goods should be freight insured by you as GIGOPTICS, INC. is not responsible for returned goods that are lost, stolen or damaged in shipping. RMA numbers are valid for 15 days after the day of issuance.
Product returned to you under Warranty is shipped freight-prepaid via FedEx or other carrier at our discretion.
Credit card charges are processed online after ordering the products and/or services.