Terms and Conditions
These terms and conditions shall apply to all purchases of Custom Microwave Components, Inc.
(“CMC”) products or services. Any terms and conditions in buyer’s purchase order that are
inconsistent with or in addition to these terms and conditions shall not be binding upon CMC,
unless specifically agreed to in writing by both CMC and the buyer.
These terms and conditions shall be governed by and construed in accordance with the laws of
the State of California, without regard to conflicts of laws principles, and exclusive jurisdiction and
venue of any dispute shall be in the Alameda County, California, with the prevailing party being
entitled to attorneys’ fees and costs.
|Download a pdf version of CMC's Terms and Conditions
General - Prior to placing an order, buyer shall contact CMC or an area sales representative for
product pricing, availability and delivery information. Prices do not include shipping and handling,
taxes, duties, or insurance. Unless otherwise specified, quotations are valid for 60 days, subject
to product change and availability of materials.
Source Inspection - Prices do not include inspection charges relating to inspections by outside
individuals at the request of the buyer. There will be an additional charge when source inspection
Compliance Testing - Unless otherwise agreed in writing between the buyer and CMC, the costs
of any compliance testing, including without limitation special environmental, vibration, life cycle
and extreme temperature tests, is not included in the pricing, but will be invoiced separately to the
CMC’s quality control program is compliant to ISO 9001 and in conformance with MIL-I-45208A
and MIL-Q-9858A. All equipment calibration is maintained per MIL-STD-45662 and traceable to
the National Institute of Standards and Technology (NIST). All CMC product is fully tested and
inspected mechanically and electronically prior to shipment.
Federal manufacturing code: 7W858
|PLACING AN ORDER
Orders of standard products must be placed in writing to our sales representatives or directly to
the CMC facility in Fremont, California. Facsimile, e-mail and on-line orders are allowed. Orders
made in person or by telephone will be initially processed pending receipt of a confirming written
purchase order. Custom product orders must be made directly to CMC in Fremont.
When placing an order for standard products, the buyer must specify the source of pricing
information, model or part number, name or description of the product(s) ordered, agreed
estimated delivery date, and any special shipping instructions.
In addition to the information required for standard products, custom product purchase orders
must reference a quotation or factory correspondence. Additionally, all non-standard
specifications must be fully described to avoid any possibility of misunderstanding. Custom
products will be assigned special model or part numbers after buyer and CMC have reached an
understanding as to their specifications.
|CHANGE ORDER AND CANCELLATIONS
Any changes to quantity, specifications, price, or delivery, or the addition of any conditions not
specified in the original order will be effective only upon mutual signed agreement between CMC
and the buyer and submission of a revised purchase order.
Cancellations are subject to written approval by CMC. Buyers are subject to payment for all costs
incurred by CMC as a result of the order and cancellation. Those costs can include, but are not
limited to, materials used, purchase commitments, tooling, amortized labor and overhead, and
production interruption and resultant down time. Where CMC determines that cancellation is not
cost effective, the buyer will be charged the full price of the order as quoted.
|TERMS OF PAYMENT
For USA customers, unless otherwise agreed in writing, payment terms are thirty (30) days net
from the date of invoice, upon credit approval by CMC. Products are shipped C.O.D. or prepaid
to unrated companies. VISA, MasterCard and American Express are also accepted.
For international customers, unless otherwise agreed by CMC in writing, payment in United
States dollars must be received by bank check, wire transfer, VISA, MasterCard, or American
Express in advance of shipment. CMC reserves the right to charge a process or bank handling
fee, as appropriate.
Delivery commitments are estimates and are subject to contingencies such as fire, accident,
governmental action, priorities granted at the request of any government agency, or any other
cause of delay, including unexpected labor difficulties or unavailability of parts or materials,
beyond CMC’s control. The reasonable failure of CMC to meet a delivery date shall not be
deemed a material breach of the sales agreement.
Unless particular arrangements are made by the buyer, CMC will ship orders according to the
best mode of transportation at CMC’s discretion. Preferred shipping methods are by UPS or
Shipping is F.O.B. the factory in Fremont, California. Risk of loss passes to the buyer when the
products are delivered to the carrier. Any issues concerning damages during shipment must be
settled between the buyer and the shipper.
CMC reserves the right to make partial shipments when the balance of the order will not be
available for a week. No partial shipments will be made if the value of the partial shipment is less
All claims for shortage must be made within thirty (30) days of date of shipment from CMC’s
Prepayment of shipping costs by wire transfer will be required for international shipments.
CMC warrants each product to be free from defects in material and workmanship under
conditions of normal use for one year from date of shipment. CMC will repair or replace, at its
option, defective products that are returned to its Fremont, California facility after authorization for
return is granted by CMC. Buyer must pay the shipping costs for the return.
This warranty does not apply to products that have been resold, disassembled, modified, misused
or subjected to conditions exceeding the applicable specifications or ratings. CMC will not be
liable under any circumstances for any loss of profit or any other commercial damages, including
without limitation any special, incidental, consequential or other indirect damages under any
cause of action. CMC shall not be liable for any installation damages to products.
CMC MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED. CMC EXPLICITLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE.
Standard products/Restocking Charge - Return of standard products that are not defective is
allowed only on prior authorization from and at the discretion of CMC. Products that have been
used or damaged or are out-of-date will not be accepted for return. Shipping costs and liability for
damage during shipment back to CMC shall rest with the buyer. There will be a 25% restocking
charge or a $125.00 minimum charge per item, whichever is greater, for returned standard
Custom products - Custom products that are not defective may not be returned. Buyer shall have
the right to reject any nonconforming products only if such nonconformity renders the products
unusable for the intended purpose or impairs the value of the products by more than 10% of the
contract price. Nonconforming custom products must be returned within 30 days of receipt.
Inspection and testing costs - All items returned as defective are inspected upon receipt for
quantity, physical condition and electrical function. An evaluation fee of $75.00 will be charged to
the buyer to cover inspection and testing cost for any item returned by the buyer that is found to
be within specifications and/or otherwise deemed to be within the terms of the original purchase
or which is defective as a result of customer damage.
Products past warranty period - Products that have exceeded the one (1) year warranty period
and are returned to the factory for repair shall be repaired or replaced at a cost determined by
CMC and billed to the buyer. All shipping costs and liability during shipment shall be the
responsibility of the buyer.
The buyer agrees that it will not disclose or make available to any third party any confidential or
proprietary information received from CMC in the course of its dealings with CMC. The buyer
shall insure that all of its employees or agents with access to any such information are aware of
and abide by the terms of this provision.
CMC provides on-line documentation as a convenience to its customers. Although CMC has
made a diligent effort to insure the accuracy of product specifications and details and other
information on this website, the documents published may contain technical or typographical
errors. CMC will not be liable for any damages suffered as a result of errors in the information
provided. CMC reserves the right to change the content of these documents at any time. CMC
is the owner of all copyrights to this website and the material it contains.