The following terms and conditions govern the sale of products and services and any other relationships, transactions and communications between Cimarron Technology, Inc. (“us, we”) to our customers and potential customers, and the public at large.
Agreements under these terms and conditions form the sole agreement for the sale of products and services and any other transactions and communications between us and our customers, and supersedes all proposals, negotiations, conversations, discussions, agreements and/or representations, whether oral or written, including any industry customs or past dealing between the parties.
These terms are subject to change and may be revised at any time. All revisions will be effective upon us posting updated terms to our website.
1. Acceptance And Cancellation Of Orders
A quotation and website availability and pricing is an invitation to a customer to submit an order. Acceptance of a customer’s order will be in writing, either by an automated order confirmation email or by direct communication from one of our representatives. Acceptance can also be through fulfillment of a customer’s order by us. Orders accepted by us may be cancelled by the customer only upon our written consent, provided such order is not designated non-cancellable/non-returnable.
Customer requests to cancel or reschedule orders are subject to acceptance by us in our sole discretion. We reserve the right to limit or cancel any order, and have sole discretion to allocate sales, limit quantities of selected products to our customers, and limit selected products to our customers. We reserve the right to reject any order, or any part of an order.
1a. Returns And Exchanges
Returns and exchanges are accepted when completed within 30 days of the purchase or invoice date. If we agree to accept a return, return freight charges must be prepaid by the customer. Returned items must be unused, not subject to accidental damage or misuse, and in the original packaging. Contact us for a Return Materials Authorization (RMA) number and instructions prior to returning products. Any ESD-sensitive goods that have been installed or tested by customers are not eligible for credit. These statements concerning returns do not apply to non-cancellable/non-returnable products.
2. Prices
Prices will be as specified for a given product quantity and product specification. Unless otherwise stated in the quotation, quotations are valid for thirty (30) days. This website reflects the latest pricing and quantity information for online orders, and is subject to change at any time.
Prices are exclusive of taxes and other charges, including sales, use, excise, value-added and similar taxes or charges imposed government authorities, shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees.
3. Payment
Invoices and payments are billed in United States Dollars (USD), regardless of the customer’s home country and currency. We accept payments through card networks including Visa, MasterCard, American Express, and Discover. We also accept payments through PayPal, check, ACH and bank wire transfer. Additional surcharges may apply if the customer pays with a method that involves processing costs including credit card, PayPal, or wire transfers. Checks must be made payable to “Cimarron Technology, Inc.” and drawn on a bank in the United States.
3a. Online And Offline Orders
Online orders are defined as purchases made by a customer using the automated software installed on this website. Offline orders are defined as purchases made by a customer by contacting us directly by telephone, email, or any other form of communication. Online and offline orders must be prepaid through one of our accepted methods prior to shipment. Credit card and PayPal payments are authorized and charged at the time of order submittal on the website for online orders, and at any time prior to shipment for offline orders. Pre-payment by check requires up to 5 business days after deposit to post and settle in our bank account prior to shipment.
3b. Credit Orders
Payment under Net Thirty (30) day credit terms is available for businesses and other institutions upon approval. Under these terms the customer agrees to pay the entire amount of each invoice within 30 days without offset or deduction. We may revoke or limit a customer’s available credit and demand immediate payment of any outstanding balances at any time, without prior warning. If we believe that the customer’s ability to make payments may be impaired, or if customer fails to pay any invoice when due, we may suspend or cancel any order or remaining balance of an order until past due payment is brought current.
Invoices are subject to collection, and the date of collection will be deemed the date of payment. Any check received from the customer may be applied against any obligation owed by the customer, regardless of any statement appearing on or referring to such check, without discharging the customer’s liability for any additional amounts owed by the customer. The acceptance by us of such payment shall not be construed as a waiver of our right to pursue the collection of any remaining balance. Invoices not paid, when due, will accrue interest to date of payment at the rate of two percent (2%) per month. If customer fails to make payment when due, we may pursue any legal or equitable remedies, in which event we will be entitled to reimbursement of costs for collection and reasonable attorneys’ fees.
4. Sales Tax
4a. U.S. Shipments
We will collect the statutory 6% sales tax on orders with a shipping address within the state of Idaho. This sales tax is in addition to the purchase price subtotal of an order. The customer will pay the correct sales tax on an invoice unless the customer is tax exempt and we have a valid Idaho tax exemption certificate on file.
4b. International Shipments
All applicable import duties, value-added taxes (VAT), tariffs and surcharges are the responsibility of the customer and are due at the time of delivery.
5. Delivery And Title
Domestic shipments made by us are F.O.B. Origin. Freight costs are typically prepaid by the customer for online and offline orders, and are paid by the customer for credit orders sent to businesses. Delivery of a parcel to the carrier will constitute delivery, when title and risk of loss pass to the customer. We will make reasonable efforts to initiate shipment to schedule delivery as close as possible to the customer’s requested delivery date. The customer acknowledges that delivery dates provided by us are estimates only, and that we will not be liable for failure to deliver by such dates.
The Incoterms for international shipments made by us are Ex Works from our facility or the facility of the designated shipping carrier. Title transfer occurs when we tender a shipment to the carrier.
Selection of the carrier and carrier service will be made by us unless specifically designated by the customer. We reserve the right to make deliveries in one or multiple installments. Delivery of any installment of products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve the customer of the obligation to accept delivery and pay for the products delivered.
6. Limited Warranty
We warrant the products that we sell are free from manufacturing defects for a period of sixty (60) days following the date of shipment to you. We will replace, repair, or credit the customer for any confirmed defective product at our option, provided that the customer returns the products to us, shipping charges prepaid, along with evidence of purchase. No warranty will apply if the products have been subject to misuse, neglect, or accident.
We make no representation or warranty for information, materials, and services provided on or through this website. Product specifications and availability are subject to change without prior notice. INFORMATION, MATERIALS, AND SERVICES ARE PROVIDED ‘AS IS’. WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY OF THE PRODUCTS, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT.
7. Limitation Of Liabilities
Our liability arising out of any sale of products to the customer is expressly limited to either (1) Refund of the purchase price paid by the customer for such products, without interest, or (2) Repair and/or replacement of such products, at our election, with such remedies exclusive, and excluding all others. We are not liable for, and the customer is not entitled to, any indirect, special, incidental, or consequential damages including loss of profits or revenue, rework, repair, manufacturing expense, costs of product recall, injury to reputation, loss of customers, claims for service interruptions or failure to supply downtime, testing, installation, or removal costs, costs of substitute products, property damage, personal injury, death, or legal expenses. The customer’s recovery from us for any claim shall not exceed the purchase price paid by the customer for the goods, irrespective of the nature of the claim, whether in warrant, contract, or otherwise.
CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CIMARRON TECHNOLOGY, INC. FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY US AND INCORPORATED INTO THE CUSTOMER’S PRODUCT.
8. Product Safety Notice And Restrictions
The customer represents and warrants that it will determine the merchantability and suitability of the products for use in any device or in any application, including, but not limited to, devices or applications involving life safety, life support, life sustaining, surgical, human implant, nuclear, aircraft applications, or for any other application in which the failure of a single component could create a situation in which property damage, personal injury, or death may occur. If the customer uses or sells the products for use in any such applications: (1) Customer acknowledges that such use or sale is at the customer’s sole risk; (2) The customer agrees that we and any of our vendors are not liable, in whole or in part, for any claim or damage arising from such use; and (3) THE CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CIMARRON TECHNOLOGY, INC. AND ANY OF OUR VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
9. Statements And Advice
If statements, opinions, or advice, technical or otherwise, are offered, or given by us to anyone, such statements, opinions, or advice are deemed to be given as an accommodation to you and without charge. We have no liability for the content or use of such statements. Technical support is provided occasionally by telephone and email and, therefore, is limited in scope. Such statements shall not be considered participation in the design, diagnosis, or troubleshooting of any of your products or equipment.
10. Non-Cancellable/Non-Returnable Products
The customer agrees that products that we designate as non-cancellable, non-returnable (“NC/NR”) may not be returned or exchanged for refund or credit as explained in Section 1 of these terms and conditions without our consent. Non-cancellable, non-returnable products are typically custom-designed and produced for specific customers, or are final sale items sold in “as is” condition. Product information, including individual product web pages on this website, and price quotations provided to customers, will clearly state if individual products are NC/NR.
11. Force Majeure
We will not be liable for delays in delivery or for failure to perform our obligations due to causes beyond our reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Our time for delivery or performance will be extended by the period of such delay or we may, at our option, cancel any order or remaining part thereof, without liability by giving notice to the customer.
12. General
These terms and conditions may not be modified or cancelled without our written agreement. Accordingly, goods furnished and services rendered by us are sold only on the terms and conditions stated herein. The sale of products and services hereunder will be governed by these terms and conditions, notwithstanding contrary or additional terms and conditions in any purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party. Our performance of any contract is expressly made conditional on the customer’s agreement to our terms and conditions, unless otherwise specifically agreed upon in writing by us. In the absence of such agreement, commencement of performance and/or delivery shall be for the customer’s convenience only and shall not be deemed or construed to be acceptance of the customer’s terms and conditions. Acceptance by the customer of any goods or services shall be deemed acceptance by the customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without our prior written consent. The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction. These terms and conditions will be governed by and construed in accordance with the laws of the state of Idaho and the applicable laws of the United States.