Gorilla Circuits Terms & Conditions of Sale Prices, Terms of Payment. Gorilla Circuits will furnish a quote for all services provided. Any change in price must be confirmed in writing by Gorilla Circuits (via email or revised quote). This includes revision in lead times and finishes. Quotes are valid for 30 days. All new accounts are subject to credit approval. If approved for open credit terms, standard payment terms are 2/10Net30. Cancellation. Buyer may cancel a job at any time in the manufacturing process. Buyer will be responsible for all costs incurred in the manufacturing of the canceled job including material and labor not to exceed the value of the confirmed price. Customer will be responsible for 100% of the value of custom raw materials ordered (defined as any copper laminate & prepreg not on consignment). Should a delay greater than or equal to seven (7) business days occur, customer may cancel the job without incurring cancellation fees. All cancellation requests must be received in writing. Delivery. Time is of the essence for all deliveries. Should Gorilla Circuits fail to meet a delivery, we will issue a credit for the corresponding premium (i.e. 5 day turn shipped in 7 days = 2 day premium credit). The maximum discount issued will be an amount that brings the value of the order to a 2 week delivery time and will be noted on all original quotes. Early deliveries will not be made unless the corresponding premium is added onto the value of the order Shipping/Packaging. Gorilla Circuits shipping terms are FOB Gorilla Circuits. All freight/shipping charges with the exception of packaging are the buyer’s responsibility. Gorilla Circuits will make the best effort to use the customer’s preferred shipping method, but in instances where the preferred method is no longer available the date of shipment, buyer agrees to allow Gorilla Circuits to use a comparable method of shipment and pay the estimated shipping cost per the preferred carrier’s website quotation. All risk of damage passes onto customer upon departure of package(s) from Gorilla Circuits facility. Force Majeure. It shall not be a default and neither Gorilla Circuits nor Customer shall be liable for a failure to perform hereunder arising from causes or events beyond a party’s control and without the fault or negligence of such party. Gorilla Circuits shall notify customer in writing within five (5) calendar days after the beginning of such cause. To the extent that, and so long as the obligations of either party are affected by any such cause or event, such obligations shall be suspended; provided, however, that should Gorilla Circuits fail to comply with customer’s delivery schedule, customer may terminate any agreement to purchase Gorilla Circuits products, a Purchase Order or part thereof without liability. Returns & Warranty. In the event of non-conforming printed circuit board, customer shall notify Gorilla Circuits in writing of the specific non-conformity and request a Returned Material Authorization Number (RMA #). Gorilla Circuits will inspect the reported non-conformity to determine whether the boards are within IPC Standards along with any accepted/confirmed customer specifications. Should the returned product(s) be deemed non-conforming the customer will be entitled to the following remedies: a) full credit for the value of the board, b) repair of the damaged board, c) replacement of the damaged board with a new board. Should the board be within the agreed upon specifications, the board will be returned to the customer at the customer’s expense. Terms & Conditions Gorilla Circuits warrants its bare boards against defects in materials and workmanship under normal use for a period of 120 days from date of shipment (“Warranty Period”). If a defect arises and a valid claim is received within the warranty period, Gorilla Circuits will at its option, for any bare boards that are returned and confirmed by Gorilla Circuits to be non-conforming to the order specifications and/or the applicable quality and acceptability standards, either (I) replace the bare board at no charge, (II) issue a credit equal to the original purchase price of the bare board, (III) repair the bare board. When a product is exchanged, any replacement item becomes the customer’s property and the replaced item becomes Gorilla Circuits’ property. When a refund is given, the product for which the refund is provided must be returned to Gorilla Circuits and becomes Gorilla Circuits’ property. Gorilla Circuits will not accept liability for any cost in addition to the value of the bare boards including but not limited to components, labor, business interruptions and any other consequential damages or losses. Gorilla Circuits disclaims any open-ended acceptance of liability for losses beyond the control of Gorilla Circuits. If Gorilla Circuits assembled the PCB then we will include the cost of any components Gorilla Circuits supplied and all labor that Gorilla Circuits supplied with regard to replacing the assemblies or issuing a credit. All other limitations will still apply. This limited warranty does not apply: (A) to damage caused by use with non-Gorilla Circuits products; (B) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (C) to damage caused by use of the product outside the permitted or intended uses described in the order specifications; (D) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Gorilla Circuits; (E) to a product or part that has been modified to alter functionality or capability without the written permission of Gorilla Circuits; or (F) to cosmetic damage, including but not limited to scratches or dents, that does not otherwise affect the product’s functionality or materially impair its use. To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, Gorilla Circuits specifically disclaims any and all statutory or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and warranties against hidden or latent defects. If any term of this warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Except as provided in this warranty and to the extent permitted by law, Gorilla Circuits is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming or reproducing any program or data stored or used with Gorilla Circuits products. Gorilla Circuits disclaims any representation that it will be able to make a product exchange without risk to or loss of programs or data. You must assist in diagnosing issues with your bare board and follow Gorilla Circuits warranty processes. Quality Assurance Provisions: The following Quality Assurance Provisions are a requirement of this purchase order. 1. ACCEPTANCE: The products ordered are subject to Buyer acceptance 2. QUALITY SYSTEM REQUIREMENTS: The Seller’s system of quality assurance during the performance of this order shall be in accordance with ISO-9000 or equivalent 3. INSPECTION SYSTEM REQUIREMENTS: The Seller’s inspection system during performance of this order shall be in accordance ISO-9000 or equivalent. Seller is responsible for ensuring that sub-tier Sellers comply with applicable requirements of the PO. 4. ACCESS TO FACILITIES : Gorilla reserves the right of access by the organization, their customer, and regulatory authorities to applicable areas of facilities and to applicable documented information at any level of supply chain as deemed necessary by the Buyer to assure that Seller’s product(s) complies with the requirements of this purchase orders. 5. CONFLICTS: In the event of conflicts between the requirements of this document and applicable detail specifications or drawings, the latter documents shall govern. 6. CHANGE IN APPROVED PROCESSES, MATERIALS OR PROCEDURES: Seller shall not change any process, material or procedure without prior Buyer approval if such process, material or procedure was originally subject to approval by the Buyer. 7. DOCUMENTATION: The Buyer may refuse to accept items delivered under the purchase order if the Seller fails to submit the certification, documentation, test data or reports specified in the purchase order. 8. NON-CONFORMING: Gorilla must be notified of non-conforming product and obtain approval for disposition. 9. ASSURRING THAT PERSONS ARE AWARE OF: • Their contribution to product or service conformity. • Their contribution to product safety. • The importance of ethical behavior. 10. RECORD RETENTION: The Seller must retain documented information, retention periods and disposition requirements, for minimum of 7 years. 11. SUPPLY CHAIN CONTROL OF SUB-TIER SUPPLIERS / SPECIAL PROCESSES: Flow Down to external providers applicable requirements including customer requirements. Suppliers using sub-tier Suppliers shall either have their systems to control sub-tier Suppliers approved by the Purchaser or an external certification body. Should the Supplier’s system be approved to control the sub-tier Suppliers, the Supplier shall have records of this approval on file and available for review by the Purchaser’s Quality Representative(s), Approval of sub- tier Suppliers by the Purchaser does not relieve the Supplier of the responsibility for assuring that work performed by sub-tier Suppliers is in accordance with specification requirements. When Special Processes are required by Purchase Order, Drawing, or other Specification, Special Processes shall be performed by a Gorilla or other end-user Approved Source and Certifications shall accompany each shipment of product or good to Gorilla. 12. CALIBRATION: The Seller shall control all test and measuring equipment used for acceptance of items deliverable under this purchase order in accordance with ANSI/NCSL–Z540. 13. ELECTROSTATIC DESCHARGE SENSITIVE (ESDS) ITEMS: Items on this purchase order require special ESD handling and ESD protective packaging. The Seller shall assure ESD safe handling procedures during repackaging these items. Each item package must identify that the contained items are ESD sensitive. Items delivered which are not ESD protected will not be accepted. 14. CERTIFICATE OF CONFORMANCE: Items on this purchase order must be accompanied by Certificate of Conformance (C. of C.) issued by the Seller certifying that all material, processes and finished items supplied were inspected and found to comply with the requirements of the purchase order and the applicable specifications. The certificate shall bear the title, name and signature of an authorized representative of the Seller. Test and inspection data shall be kept on file by the Seller and be available for review upon request. 15. TEST DATA SHEETS: Each shipment shall include appropriate test data sheet for each part number, lot number, batch specific material types, or heat-treat, as specified on the drawing and/or specification. Test data sheets shall reference the P.O. number, part number/revision and suppliers part number/revisions. 16. MATERIAL TRACEBILITY: Goods and Services supplied against this Order require full traceability of parts/materials from the time of receipt through delivery of the finished article. Raw material used in the fabrication of parts on this purchase order shall be traceable to a mechanical and/or chemical analysis. The tests shall conform to the current material specification or acceptance tests. A copy of the actual analysis and certificate of conformance must be included with each delivery. 17. FIRST ARTICLE INSPECTION: A first article inspection is required prior to start of the production run to demonstrate compliance with the requirements of the purchase and referenced specifications. The first article shall be identified as the first article part including the part number and purchase order number. 18. NOTIFICATION: Gorilla Must be notified of any change to processes, products, or services and obtain approval for their disposition 19. LOT CONTROL: Items furnished under this purchase order must be identified by Job #. 20. FAILURE ANALYSIS REPORT: The Seller shall perform failure analysis on item(s) returned on this purchase order and provide the Buyer with a report within thirty (30) calendar days. 21. SPECIAL PART HANDLING: Special handling must be used to prevent damage to product and components. 22. PACKING/PACKAGING: Product(s) supplied by this order shall be adequately packaged/packed to prevent damage and contamination of parts and their markings. 23. COUNTERFEIT PARTS: Prevent the use of counterfeit parts. Supplier shall comply with SAE AS 5553 and AS6174 to prevent and mitigate the use of counterfeit parts for both electrical and non-electrical components supplied to Gorilla Circuits. 24. FOREIGN OBJECT DAMAGE: The Seller shall develop and maintain a Foreign Object Debris/Damage (“FOD”) prevention program for manufacturing areas. The intention is to prevent introduction of foreign objects into any item delivered under this purchase order (PO). National Aerospace Standard 412 (NAS 412) is available as a guideline. The Seller shall employ appropriate housekeeping practices to assure timely removal of residue/debris generated, if any, during manufacturing operations and/or normal daily tasks. The Seller’s FOD program shall be proportional to the sensitivity of the design of the product(s) to FOD, as well as, to the FOD generating potential of the manufacturing methods. 25. ROHS / REACH COMPLIANCE: Seller shall develop and document a program complying with the latest iterations of RoHS and REACH. All certifications must reference RoHS/ REACH compliance if the QAP is required. Records are to be retained by the seller and available for review by Gorilla when required. Retention time shall be minimum of 7 years. 26. CONFLICT METALS: Where required by the P.O., shall refrain from purchasing materials from the Democratic Republic of the Congo. a) This requirement shall be flowed down to all sub-tier suppliers that will be used in the supply chain. b) If this requirement cannot be met, the supplier must inform Gorilla’s purchasing team upon receipt so that proper actions can be taken. 27. MATERIAL SAFETY DATA SHEET (MSDS): All products containing hazardous substances must be labeled in compliance with the Federal Hazardous Substance. Labeling Act and have the necessary Material Safety Data Sheet included with the shipment. 28. DFAR – PREFERENCE FOR DOMESTIC SPECIALTY METALS: Where required on the P.O., DFAR requirements will apply. Any specialty metals incorporated in articles delivered to Gorilla shall be melted in the United States, its possessions, Puerto Rico or a qualifying country (reference DFARS for a complete listing). a) This requirement shall be flowed down to all sub-tier raw material sources. b) Prior Gorilla approval is required if specialty metals not meeting the DFAR requirements are planned for use. Any Gorilla approved exceptions to this requirement shall be noted on the Certifications and/or Test Data Sheets. Connect With Us Global Headquarters 1445 Oakland Rd San Jose, CA 95112 Contact: Karl Rauch, VP of Sales Tel: +1-408-294-9897 Email: info@gorillacircuits.com Eastern U.S. 98 Spit Brook Road, Suite 1104 Nashua, NH 03062 Contact: Brett Dobens, Director of East Coast Operations Tel: +1-603-864-0283 Email: info@gorillacircuits.com U.S.A. PCBA Manufacturer for the World’s Best in Tech. Upload Files to Get A Quote © 2020 Gorilla Circuits. 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