Terms and Conditions

TERMS AND CONDITIONS OF SALE

The following terms and conditions govern the sale of products by Cimarron Technology to Cimarron Technology’s customers.

Agreements under these Terms and Conditions of sale form the sole agreement with respect to the sale of products, and supersedes all proposals, negotiations, conversations, discussions, agreements and/or representations, whether oral or written, including any industry custom or past dealing between the parties relating to the sale of products.

These terms are subject to change and may be revised at any time. All revisions will be effective upon Cimarron Technology posting updated terms to its website.

  • 1. ACCEPTANCE AND CANCELLATION OF ORDERSWebsite availability and pricing is an invitation to a customer to submit an offer. Responses to quotes, and other inquiries for pricing and availability are not to be construed as an offer by Cimarron Technology. Acceptance of orders will be in writing, either by an automated order confirmation email or by email from a representative of Cimarron Technology. Acceptance can also be through execution of the Customer’s order by Cimarron Technology. Orders accepted by Cimarron Technology may be cancelled by the Customer upon written consent of Cimarron Technology provided such order is not “NC/NR” or “Non-cancellable/Non-returnable”, or “Non-standard Products”. Non-standard products are unique products designed and/or sold to specific customers. Non-standard products are products that have one or more input components that are ordered from suppliers specifically for the customer. This also includes products that contain components not normally held in inventory. Non-standard products are non-cancellable and non-refundable. The customer may not change, cancel or reschedule orders for products without Cimarron Technology’s consent. If after acceptance by Cimarron Technology of the customer’s order, the customer cancels the order, we may request the customer pay Cimarron Technology reasonable cancellation charges. Customer requests to reschedule are subject to acceptance by Cimarron Technology in its sole discretion. Orders may not be cancelled or rescheduled after the order has been submitted to the shipment carrier. Cimarron Technology reserves the right to limit or cancel any order, and has sole discretion to allocate sales, limit quantities of selected Products to its customers, and limit selected products to its customers. Cimarron Technology reserves the right to reject any order, or any part of an order. Product specifications and availability are subject to change without prior notice.
    • 1a. RETURNS AND EXCHANGESReturns are accepted when completed within 30 days of the shipment date. If Cimarron Technology agrees to accept a return, return freight charges must be prepaid by the customer. Cimarron Technology does not accept COD return shipments. All returned items must be in the original packaging, unused, un-soldered, and in resalable condition. Contact us for a Return Materials Authorization Number and instructions prior to returning product. Any ESD-sensitive product that has been installed or tested by Customer will not be eligible for credit. These statements concerning returns do not apply to non-cancellable/non-returnable products.
  • 2. PRICESCimarron Technology intends to provide current and accurate pricing information, but does not guarantee the accuracy of any such information. Prices are subject to change at any time prior to the fulfillment of an order. In the event Cimarron Technology discovers an error in pricing, we will notify the customer of the corrected version, and the customer may choose to accept the revised price, or cancel the order. Cimarron Technology is not responsible for pricing, typographical or other errors in communication with the customer, and reserves the right to cancel any orders involving such errors. Orders are billed at the prices in effect at the time of shipment. Prices will be as specified by Cimarron Technology and will be applicable for the period specified in the quote. Unless otherwise stated on the quote, quotes are invitations to tender and are subject to change at any time without notice. If no period is specified, quote prices will be applicable for thirty (30) days. The website reflects the latest pricing information for online orders. Online orders are defined as purchases made by a customer using the automated software installed on our website. Prices shown on the website are subject to change without notice. If the customer does not purchase the quantity upon which quantity prices are based, customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee. Prices are exclusive of taxes and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees.
  • 3. PAYMENTAll invoices and payments are billed in United States Dollars (USD). Cimarron Technology accepts payments through major credit and debit cards including Visa, MasterCard, American Express, and Discover. Cimarron Technology also accepts payments through PayPal, check, ACH and bank wire transfer. Cimarron Technology does not accept PayPal eChecks. Additional surcharges may apply if the customer pays with a method that involves processing costs including credit card, PayPal, or wire transfer payments. Checks must be made payable to “Cimarron Technology, Inc.” and mailed to us at:

    Cimarron Technology, Inc.
    Attn: Accounts Receivable
    372 S. Eagle Rd, PMB 182
    Eagle, ID 83616
    U.S.A.

    Checks must be drawn on a bank in the United States. There is a $30 (USD) service charge on all returned checks.

    • 3a. ONLINE AND OFFLINE ORDERSOnline orders are defined as purchases made by a customer using the automated software installed on our website. Offline orders are defined as purchases made by a customer by contacting Cimarron Technology directly by telephone, email, or any other form of communication. Online and offline orders must be prepaid through one of Cimarron Technology’s accepted methods prior to order shipment. Credit card 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. Prepayment by check may require up to 5 business days after deposit to post and settle in our bank account prior to order shipment.
    • 3b. CREDIT ORDERSPayment under Net Thirty (30) day credit terms is available for businesses, schools, and government agencies upon approval by Cimarron Technology. The customer agrees to pay the entire amount of each invoice from Cimarron Technology without offset or deduction. Orders are subject to credit approval by Cimarron Technology, which may in its sole discretion at any time change the terms of the customer’s credit, require prepayment of any or all mounts due or to become due for the customer’s order before shipment of any or all of the products. If Cimarron Technology believes that the customer’s ability to make payments may be impaired, or if customer fails to pay any invoice when due, Cimarron Technology may suspend or cancel any order or remaining balance of an order until past due payment is brought current. Customer agrees to submit financial information as Cimarron Technology may require for determination of credit terms or continuation of credit terms. 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 customer to Cimarron Technology under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging the customer’s liability for any additional amounts owed by customer to Cimarron Technology. The acceptance by Cimarron Technology of such check shall not be construed as a waiver of Cimarron Technology’s right to pursue the collection of any remaining balance. Invoices not paid, when due, will accrue interest to date of payment at the annual rate of twenty-four (24%) percent or such lower rate as may be the maximum permitted by law. If customer fails to make payment when due, Cimarron Technology may pursue any legal or equitable remedies, in which event Cimarron Technology will be entitled to reimbursement of costs for collection and reasonable attorneys’ fees.
  • 4. SALES TAX
    • 4a. U.S. SHIPMENTSCimarron Technology collects 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 the products subject to an order. The customer will remit the correct sales tax unless the customer is tax exempt and Cimarron Technology has a valid Idaho tax exemption certificate on file.
    • 4b. INTERNATIONAL SHIPMENTSAll applicable import duties, VAT, PST, QST, GST, and/or HST charges along with brokerage fees will be the responsibility of the customer and are due at the time of delivery.
  • 5. DELIVERY AND TITLEDomestic shipments by Cimarron Technology are F.O.B. Shipping Point, Freight Collect or F.O.B. Shipping Point, Freight Prepaid and Added. Freight costs are typically prepaid and added for online and offline orders, and collect for credit orders sent to businesses approved by Cimarron Technology for credit terms. Prepaid and added freight costs will be paid to Cimarron Technology by the customer in addition to the purchase price of the products. Subject to Cimarron Technology’s right of stoppage in transit, delivery of the products to the carrier will constitute delivery to the customer when title and risk of loss pass to the customer. Cimarron Technology will make reasonable efforts to initiate shipment and schedule delivery as close as possible to the customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Cimarron Technology are estimates only, and that Cimarron Technology will not be liable for failure to deliver on such dates. Selection of the carrier and carrier service will be made by Cimarron Technology unless specifically designated by customer. Cimarron Technology reserves the right to make deliveries in installment(s). 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. The Incoterms for international shipments made by Cimarron Technology are FCA Shipping Point from Cimarron Technology’s facility or the facility of the designated shipping carrier. Title transfer occurs when Cimarron Technology tenders a shipment to the carrier.
  • 6. CIMARRON TECHNOLOGY’S LIMITED WARRANTYCimarron Technology warrants the products that it manufactures will be free from manufacturing defects for a period of sixty (60) days following the date of shipment to you. Cimarron Technology will replace, repair, or credit the Customer for any confirmed defective product at our option, provided that customer returns the product(s) to Cimarron Technology, postage or shipping charges prepaid along with evidence of purchase. No warranty will apply if the product(s) has been subject to misuse, neglect, or accident.
    Cimarron Technology makes no representation of warranty with respect to information, materials, and services provided on or through the website. INFORMATION, MATERIALS, AND SERVICES ARE PROVIDED ‘AS IS’.
    CIMARRON TECHNOLOGY MAKES 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.

    • 6a. THIRD-PARTY PRODUCTSThird-Party Products are defined as products sold by Cimarron Technology to the Customer that were manufactured in whole by a separate company independent of Cimarron Technology. Third-Party Products may, or may not, be covered by the original manufacturer’s warranty and passed through to customer. Cimarron Technology agrees to transfer to Customer any transferable warranties Cimarron Technology receives from the manufacturer of products sold to customer. Please contact us to confirm warranty prior to purchase.
  • 7. LIMITATION OF LIABILITIESCimarron Technology’s 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 Cimarron Technology’s election, with such remedies exclusive, and excluding all others. Cimarron Technology is not liable for, and 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. Customer’s recovery from Cimarron Technology 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 FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY CIMARRON TECHNOLOGY AND INCORPORATED INTO THE CUSTOMER’S PRODUCT.

  • 8. PRODUCT SAFETY NOTICE AND RESTRICTIONSCustomer represents and warrants that it will determine the merchantability and suitability of the product(s) 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 Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that Cimarron Technology and any of Cimarron Technology’s vendors and/or contract manufacturers are not liable, in whole or in part, for any claim or damage arising from such use; and (3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD CIMARRON TECHNOLOGY AND ANY OF CIMARRON TECHNOLOGY’S VENDORS AND CONTRACT MANUFACTURERS HARMLESS 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 ADVICEIf statements, opinions, or advice, technical or otherwise, are offered, or given to a customer, such statements, opinions, or advice will be deemed to be given as an accommodation to Customer and without charge. Cimarron Technology shall have no responsibility or liability for the content, or use of such statements or advice. Cimarron Technology technical support is provided by telephone and email and, therefore, is extremely limited in scope which prevents us from direct participation in the design, diagnosis, or troubleshooting of any customer products or equipment. We do not conduct product suitability studies of products that we sell, nor for the final product that a Customer produces or modifies.
  • 10. NON-CANCELLABLE/NON-RETURNABLE PRODUCTSFrom time to time, Cimarron Technology will notify Customer of a product that is “NC/NR”, (Non-Cancellable/Non-Returnable) upon determining that an order requires such conditions of sale. Customer understands that “NC/NR” products contain parts that are obtained by Cimarron Technology from vendors specifically for the Customer. Irrespective of circumstances, the Customer agrees that “NC/NR” products may not be cancelled, returned or rescheduled by the Customer without the written consent of Cimarron Technology.
  • 11. FORCE MAJEURECimarron Technology will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its 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. Cimarron Technology’s time for delivery or performance will be extended by the period of such delay or Cimarron Technology may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.
  • 12. EXPORT CONTROLCimarron Technology is committed to compliance with all U.S. Export Regulations and Laws. Cimarron Technology will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC). Cimarron Technology will not sell or ship to individuals or organizations identified by the U.S. Treasury as Specially Designated Nationals and Blocked Persons. Cimarron Technology will not sell or ship products prohibited under Export Administration Regulations to individuals or organizations identified by the U.S. Department of Commerce, Bureau of Industry and Security (BIS). Cimarron Technology will not seek export licenses pursuant to Export Administration Regulations. Cimarron Technology participates in BIS Export Enforcement and OFAC transaction reporting. Furthermore, Cimarron Technology prohibits the re-export, brokering or transshipment of its products to any individual, organization or country prohibited by the OFAC or BIS. The sale, resale or other disposition of Products, and any related technology or documentation, are subject to the export control laws, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. Customer agrees to comply with all such laws, regulations and orders. Customer further acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
    • 12a. EXPORT CLASSIFICATION DISCLAIMERAny use made of Cimarron Technology classifications, whether it be ECCNs or any variation of Harmonized Tariff codes, is without recourse to Cimarron Technology and at the user’s risk. Export classifications are subject to change. If you export or re-export, your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by Cimarron Technology is for Cimarron Technology’s use only and shall not be construed as a representation, or warranty regarding the proper export classification nor relied upon to make licensing determinations.
  • 13. GENERALThe Terms and Conditions may not be modified or cancelled without Cimarron Technology’s written agreement. Accordingly, goods furnished and services rendered by Cimarron Technology are sold only on the terms and conditions stated herein. The sale of Products 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 affecting the purchase and/or sale of Products. Cimarron Technology’s performance of any contract is expressly made conditional on Customer’s agreement to Cimarron Technology’s Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by Cimarron Technology. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer’s convenience only and shall not be deemed or construed to be acceptance of Customer’s terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall be deemed acceptance by 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 the prior written consent of Cimarron Technology. 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. The 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.

Date of last edit: September 16, 2021

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