SETMI INDIA Terms & Conditions
Welcome to our Binding Terms and Conditions of Sale. Specifically, the following text outlines the terms and conditions of agreement ("Terms and Conditions") for the sale of products by SETMI INDIA Electronics, Inc. ("SETMI INDIA") to our valued customers.
Importantly, agreements under these Terms and Conditions form the sole agreement regarding product sales. Therefore, this document supersedes all prior proposals, negotiations, and conversations. It also replaces any previous agreements or representations, whether oral or written. Furthermore, it overrides any industry custom or past dealings between the parties.
Acceptance and Cancellation of Orders
First, website availability and pricing serve only as an invitation for you to tender an offer. Responses to quotes and other inquiries are not construed as an official offer by SETMI INDIA. Instead, we grant official acceptance in writing via an Order Confirmation email or Electronic Data Interchange (EDI) acknowledgement. Alternatively, acceptance occurs when we physically execute your order.
When you order a product from our website, the preliminary written reply does not guarantee immediate acceptance. Rather, the system simply uses this reply to confirm that your order entered our computer system.
Regarding cancellations, you may cancel accepted orders upon our written consent. However, this excludes orders marked as "NC/NR" (Non-Cancelable/Non-Returnable), "Non-Standard Products," or those governed by a specific Purchase Agreement Letter. Non-standard products are specific items we must order from a supplier specifically for you. This also includes products not normally in stock, or orders incorporating value-added services. Consequently, non-standard products remain strictly non-cancelable and non-refundable.
We typically identify non-standard or "NC/NR" products on quotes, product lists, attachments, or exhibits. Importantly, you may not change, cancel, or reschedule orders without our explicit consent. If you cancel an order after we accept it, we may request reasonable cancellation or reliance charges. You must pay these charges directly to SETMI INDIA. Furthermore, requests to reschedule remain subject to our sole discretion. We cannot cancel or reschedule orders after submitting them to the shipment carrier.
1a. Returns
Generally, we accept returns completed within 30 days of the ship date for your convenience. If we agree to accept a return, you must prepay the return freight charges. Specifically, we will not accept COD shipments. Some products may require a return directly to the original manufacturer.
Crucially, you must return all items in their original packaging. The items must remain unused, untested, un-programmed, and in resalable condition. Before returning anything, you must contact a Customer Service Representative for a Return Materials Authorization Number and addressing instructions.
We will deny credit for any opened ESD, programmable semiconductors, or moisture-sensitive products. Finally, these return statements do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS.
1b. Counterfeit Product Prevention Clause
Strictly, we only accept returns for products originally shipped from SETMI INDIA or from a supplier directly under our direction. We will promptly quarantine and dispose of all other products, or return them directly to you. By returning products to us, you formally certify that you purchased them from SETMI INDIA. Furthermore, you certify that no substitution occurred using products from another supplier or distributor.
You must return items in their original packaging in an unused and untested condition (unless defective). Again, you must never open ESD, programmable semiconductors, or moisture-sensitive products before returning them.
Prices
Diligently, we make every effort to provide current and accurate pricing information. However, we do not guarantee the currency or accuracy of this information. Prices remain subject to change at any time prior to the completion of your order.
If we discover a pricing error, we will promptly notify you of the corrected version. Subsequently, you may choose to accept the corrected version or cancel the order completely. We claim no responsibility for pricing, typographical, or other communication errors. Therefore, we reserve the right to cancel any orders arising from such errors.
We bill orders at the prices and currency actively in effect at the time of shipment. We specify prices on quotes, which remain applicable for the period specified. Unless stated otherwise, quotes act as invitations to tender and remain subject to change without notice. If we specify no period, quoted prices remain valid for thirty (30) days.
Our website always reflects the latest pricing information. Consequently, website prices may change without notice. Prices may also increase due to circumstances beyond our reasonable control. This includes manufacturers' price increases, exchange rate changes, or quoting errors.
If you fail to purchase the exact quantity upon which we based a quantity discount, you must pay the non-discounted price for the actual items purchased. Additionally, you may face a cancellation or restocking fee. Prices strictly exclude taxes, international shipping charges, broker's fees, bank fees, and consular fees.
Terms of Payment
Mandatorily, you must make all payments in the currency billed on the original invoice. We accept major credit cards, purchase cards, and major bank debit cards (including MasterCard, VISA, Diners Club, Discover, and American Express). We must thoroughly verify credit card billing information for new customers prior to shipment.
Payment via net thirty (30) days is available to qualifying businesses, schools, and agencies. Alternatively, customers can use Prepaid Wire Transfer/EFT/Proforma. You can wire funds directly to our bank. After placing your order, we will email a Proforma invoice containing our bank information.
We will reserve stock for your order for 72 hours while awaiting funds. However, we will cancel orders after 20 business days if we do not receive the funds. Customers remain fully responsible for all duties and taxes.
3.1 Detailed Payment Terms For All Orders
You agree to pay the entire invoice amount without offset or deduction. Importantly, all orders remain subject to credit approval. We may change your credit terms at any time at our sole discretion. We may require cash payments, wire transfers, or upfront payments before shipping your products.
If we reasonably believe your ability to make payments is impaired, we may suspend deliveries. Similarly, if you fail to pay any invoice when due, we can cancel remaining balances. You will remain fully liable to pay for any shipped products and all Non-Standard Products.
Regarding checks, we accept them subject to collection. The collection date acts as the official payment date. Consequently, any unpaid invoices will bear interest to the date of payment at an annual rate of eighteen (18%) percent. If you fail to make a payment when due, we may pursue legal remedies. In this event, we will seek reimbursement for collection costs and reasonable attorneys' fees. We charge a $25 (USD) service fee on all returned checks.
Sales Tax
When required by law, SETMI INDIA will collect Goods & Sales Tax, use tax, excise tax, and other applicable taxes. These taxes sit in addition to the purchase price of the products. You must remit the correct tax unless you maintain tax-exempt status. To claim exemption, we must have a valid signed tax exemption certificate on file for your account.
SETMI INDIA Limited Warranty
Officially, SETMI INDIA agrees to transfer to you whatever transferable warranties we receive from the original manufacturer. We make no other warranty, express or implied, regarding the products.
IN PARTICULAR, SETMI INDIA MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR RESPECTING INFRINGEMENT.
Our liability arising from any sale remains expressly limited to either:
(1) Refund of the purchase price paid (without interest), or
(2) Repair and/or replacement of the products at our discretion.
Crucially, you must notify us within 90 days from the shipment date regarding any defective products. This limited warranty completely excludes all other oral, written, expressed, or statutory warranties. Furthermore, no warranty applies if you subject the product to misuse, static discharge, neglect, accident, or unauthorized modification.