Standard Terms and Conditions of Sale

These terms and conditions govern the sale of Products(“Product or Products”) and provisions of services (“Services”) by Bonacom Technology Co.,LTD (Bonacom) and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. Bonacom’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Usaully, Bonacom will acknowledge the order and commits the delivery within 2 working days. If no confirmation is received within 2 working days, please contact the respective sales person. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all products will be shipped no later than one year from the date that Seller accepts the purchase order.

2. Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

3. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

4. Payment: Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Buyer). A surcharge of 3% for credit card sales and 4% for sales via PayPal will be assessed Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.

5. Delivery and Title: All deliveries will be made “FOB shenzhen” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

6. Returns, Refunds and Exchanges:

   • Returns:

     Only products originally shipped from Bonacom or from an authorized supplier (drop-ship) will be considered for return to Bonacom. By a Customer requesting return of products to Bonacom, the Customer certifies that the products were purchased from Bonacom and there has been no substitution of the product from another supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a Bonacom sales representative via a Return Material Authorization (RMA).

   • Exchanges:

     Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item.

   • Return Freight / Restocking Fee:

     Bonacom does not refund the original shipping and handling. Customer is responsible for all return freight charges. Bonacom does not accept COD(cash on delivery) shipments.

   • Refunds:

     Upon receipt and inspection of returned item(s), Bonacom will advise of the refund status. In the case of factory warranty or failure analysis, Bonacom will issue any applicable credit pending manufacturer confirmation of failure. Bonacom initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.

   • How to Return an Item:

     1. Contact a Bonacom sales representative within 30 days of ship date of item(s) by calling or by emailing sales@bonaphotonics.com.

     2. Bonacom will issue a Return Material Authorization (RMA) number. Once the RMA number is received, customer is requested to fill in Return Request Form while item must be returned within 10 days. Bonacom will provide the customer with specific instructions on where to mail / return item(s) with the RMA number.

        In most cases returned items will be shipped to the Bonacom factory located at:
        Floor 2, DF Industrial Park, Shanghenglang Community,
        Dalang, Longhua New District,Shenzhen, China,518109.

     3. Include the signed RMA in the return package stating the reason for the return and the original receipt.

     4. Once the product is received, an preliminary analysis data will be given within 2-3 working days, follow by a detailed Corrective Action Report within 7 working days.

     5. Base on the Corrective Action Report, further discussion is required about how to proceed with the failure product.

     6. Customer feedback on RMA procedure will be highly appreciated.

7. Warranty Policy: Bonacom offers one year warranty for all our products. During warranty period, if the product experiences failure due to process, raw material defects which resulted in not within the original specification given to customer, Bonacom commits to rework free-of-charge.

      

   Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Production (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.

8. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

9. General: (a) The laws of Shenzhen,China will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.