POLICY AND LEGAL

INVOICE

All orders are subject to acceptance by Ozkon. Orders may not be cancelled or rescheduled without Ozkon’s written consent. Ozkon may designate certain orders as non-cancelable, non-refundable (“NCNR”), which when so designated on the front page of the Invoice the NCNR shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

PRICES

Ozkon quoted prices are valid and are those specified on the front page of the Invoice. Prices quoted are for products only and do not include any transportation and insurance costs, handling, duties and any and all taxes, charges and levies imposed by any government and/or non-government agency. Ozkon reserves the right to modify payment terms prior to shipment, require payment in advance or delay or cancel any shipment or order by reason of Customer’s creditworthiness or should Customer fail to fulfill any obligation therein.

PAYMENT

Payment of the Invoice shall be paid in full, without offset or deduction. In the event Customer has been extended payment terms and payment is not received within the stipulated delay, Customer shall pay to Ozkon’s interest calculated at a rate of 1.5% per month on the balance owing from the due date and any and all attorney fees and collection costs.

DELIVERY AND TITLE

Delivery terms are FOB (Free on Board) from Ozkon’s shipping point or EXW (EX Works as defined in Incoterms 2011) from Ozkon’s facility and Customer is responsible for all charges. Title and risk of loss of sold products pass from Ozkon to Customer on shipment from Ozkon’s facility to the carrier. Customer is responsible for all shipping, handling, delivery, insurance and any and all applicable charges. Selection of the carrier and delivery route shall be made by Ozkon unless specified by Customer. Customer acknowledges delivery dates are estimates only and Ozkon is not liable for delays in delivery. Ozkon reserves the right to make partial shipments and Customer will accept delivery and pay for the products delivered. A delayed delivery of any part of an order does not entitle Customer to cancel other deliveries.

Furthermore, Ozkon will not be liable for any failure or delay in its performance or in the delivery or shipment of products, or for any damages suffered by Customer by reason of such failure or delay, when such failure or delay is caused by, or arises in connection with, any fire, flood, accident, riot, earthquake, severe weather, war, acts of terrorism, governmental interference or embargo, strike, shortage of labor, fuel, power, materials or supplies, delay in delivery by Ozkon’s suppliers or any other cause or causes beyond Ozkon’s reasonable control. Ozkon reserves the right to cancel without liability any order, the shipment of which is or may be delayed for more than 30 days by reason of any such cause. Ozkon reserves the right to allocate in its sole discretion among other customers or potential customers, or defer or delay the shipment of, any product which is in short supply.

ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS

Customer must notify Ozkon in writing of any damage, shortage, or other discrepancy to product within 10 days after delivery. After the 10th day Customer is deemed to have accepted the product and may not revoke acceptance. Customer cannot return product without a Return Material Authorization ("RMA") number - please see “Ozkon Product Return Policy” for details. It is a strict requirement for the issuance of an RMA that the Customer provide a detailed written failure analysis report. Ozkon may at its sole discretion refuse to issue an RMA for return of the goods or require that Customer pay to Ozkon a restocking fee, which said restocking fee will be 20% of the Invoice Price.

In addition, and at Ozkon’s discretion, Ozkon will return all product(s) not eligible for return to Customer freight collect, or hold product for Customer’s account at Customer’s expense.

In the event Customer refuses to accept tender or delivery of any product or returns a product without authorization from Ozkon, such product will be held by Ozkon awaiting Customer’s instructions for 20 days, after which Ozkon may deem the product abandoned and dispose of them as it sees fit, without crediting Customer’s account.

WARRANTY

The warranty applies to all electronic components sold by Ozkon, which are operated in accordance with the product and operational specifications. Ozkon agrees to transfer to Customer whatever transferable warranties Ozkon receives from the manufacturer of products sold to Customer. Ozkon extends a one-year limited warranty for the products it sells. Nevertheless, if product does not meet manufacturer's specifications, Ozkon has the option to (a) repair the product, (b) replace the product at no cost to Customer; or (c) refund Customer's purchase price.

This warranty is contingent upon proper storage and handling of the product and does not cover products that have been subjected to physical abuse or electrical stress from improper handling and storage of Electro Static Discharge (“ESD”) sensitive products. All ESD sensitive products must be stored per manufacturer’s recommendations. In the event the product fails a test report, this test report and product must be sent to Ozkon for evaluation along with a copy of Customer’s ESD storage and handling procedure, subject to Ozkon’s ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS policy as stated herein.

In addition, thereto, Customer's obligations and Ozkon’s remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. No warranty will apply if the product has been subject to misuse, static discharge, improper storage or handling, non-adherence to ESD storage and handling procedures, neglect, accident, modification, or has been soldered or altered in any way whatsoever.

LIMITATION OF LIABILITY

CUSTOMER’S EXCLUSIVE REMEDY SHALL BE LIMITED TO THE PURCHASE PRICE AS STIPULATED IN THE INVOICE AND OZKON’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CLAIM WHATSOEVER, WHETHER THE CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS AS STIPULATED IN THE INVOICE IN RESPECT TO WHICH THE CLAIM ARISES OR, AT OZKON’S OPTION, THE REPAIR OR REPLACEMENT OF THE GOODS. IN NO EVENT SHALL OZKON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES RESULTING FROM ANY CLAIM, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION COSTS, REMOVEAL COSTS, REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF COSTUMER BUSINESS LOSSES, DAMAGE TO PROPERTY, OR ANY AND ALL LIABILITIES WHATSOEVER OF THE CUSTOMER AND/OR CUSTOMER’S BUYER OR THIRD PARTY CLAIMS.

Ozkon is not liable for, and Customer assumes full liability for, all personal injury and property damage connected with the handling, transportation, possession, processing, repackaging, further manufacture, or other use or resale of product, whether the products are used along or in combination with any other material, devices, components, or products.

If any provision contained in this limitation of liability is, for any reason, held to be invalid or unenforceable in any respect under the laws of the competent jurisdiction elected herein, Customer agrees that Ozkon’s total liability for any and all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to actual direct damages without regards to any punitive or exemplary damages provided by any such applicable law.

FORCE MAJEURE

Ozkon is excused from performance of any obligations and shall not be liable for delays in delivery or for failure to perform if its failure or delay of performance is caused by events or conditions beyond Ozkon’s reasonable control, including without limitation, acts of God, acts of nature, natural or artificial disaster, acts of the public enemy, quarantine restrictions, expropriation or confiscation of facilities, compliance with any order of any governmental authority, industrial disturbances, blockades, insurrections, arrest and restraint of people or rulers, civil disturbances, boycotts, acts or omissions of Customer or civil or military authorities, shortage of product, acts or omissions of other parties, fire, strike, lock outs, landslide, lightning, wash outs, tornadoes, hurricane, windstorm, explosion, epidemic, flood, storm, earthquake, riot, war, act of terrorism, breakage or accident of machinery or equipment, delays in transportation, or inability to obtain necessary labor, materials, or supplies or any occurrence related in any way to computer issues in any way encompassing the failure of information technology to accurately process date/time data including, but not limited to , calculating, comparing, and sequencing from, into, and between a leap year, new year or the failure of the internet, router or any other equipment or connection that can cause a failure in Ozkon’s computer system to accurately process data, or a malicious computer code, virus, “bug”, “worm” or other similar technological code or event that can cause a failure in Ozkon’s computer system to process data. In the event of any delay, the contractual date of delivery, if any, shall be extended for a period equal of the time lost as a consequence of the delays without penalty to Ozkon.

USE OF PRODUCTS

Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If Customer uses or sells the product for use in any such applications, Customer acknowledges that such use or sale is at Customer's sole risk.

INTELLECTUAL PROPERTY

Nothing herein contained shall be construed to grant any rights or license to use any patent, trademark, copyright, mask work, trade dress, trade secret or similar proprietary rights and intellectual property rights in any manner or for any purpose not expressly permitted by such manufacturer or licensor. Ozkon makes no representation or warranty with respect thereto and shall have no liability in connection there. Moreover, Ozkon disclaims any warranty against infringement with respect to the products sold and the packaging relating to the products.

EXPORT CONTROL/USE OF PRODUCT

Certain products sold by Ozkon and other related technology and documentation are subject to export control laws, regulations and orders of the United States, specifically the U.S. Export Administration which may be amended from time to time. Customer shall not directly or indirectly export or divert any product and other related technology and documentation to any third party, person, or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export, re-export, or import as may be required.

If the Customer or its subsidiaries, affiliates or related companies is based in Hong Kong, the Customer acknowledges and agrees not to ship, transfer, export, re-export, resell or otherwise dispose or release the product into Mainland China or any other prohibited country for which the end-user or end-use is prohibited by the United States, unless the Customer has obtained prior written authorization by the authorized agency with export authority for the United States. The Customer further acknowledges the end-use of the product is for commercial purpose only and the Customer expressly states and confirms the product shall not be used in any military application or any end-use prohibited by the laws of the United States or any other law where such law does not conflict with the laws of the United States.

Certain products sold by Ozkon and other related technology and documentation are subject to export control laws, regulations and orders of Canada. Customer shall not directly or indirectly export or divert any product and other related technology and documentation to any third party, person or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export, re-export, or import as may be required. Customer acknowledges and agrees this is a strict requirement and assumes sole responsibility for obtaining licenses to ship, transfer, export, re-export, resell or otherwise dispose or release the product as may be required.

PRODUCT INFORMATION

Product information, including information related to a product's specifications is obtained by Ozkon from its suppliers or other sources. Such information is provided by Ozkon on an "AS IS" basis. Ozkon makes no representation as to the accuracy or completeness of the product information, and disclaims all representations, warranties, and liabilities under any theory with respect to the product information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Ozkon recommends Customer validates any product information before using or acting on such information.

HEADINGS

The headings in the terms and conditions on the reverse side of the Invoice have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.

NO WAIVER

Under no circumstances shall the failure, negligence or tardiness of a party as regards the exercise of a right or a recourse provided for in this Invoice be considered to be a waiver of such right or recourse. No provision of this Invoice will be deemed waived, and no breach or default excused unless the waiver or excuse is in writing and signed by the party issuing it. A waiver of any provision or breach shall not constitute a waiver of any other provision or subsequent breach.

SEVERABILITY

If any provision contained in this Invoice is, for any reason, held to be invalid or unenforceable in any respect under the laws of the competent jurisdiction elected herein, such invalidity or unenforceability will not affect any other provision of this Invoice and this Invoice will be construed as if such invalid or unenforceable provision were not present.

COMPLETE AGREEMENT

This order and Invoice constitutes the entire understanding between the parties. Declarations, representations, promises or conditions other than those set forth in this Invoice shall not be construed in any way so as to contradict, modify or affect the provisions of this order and Invoice. This Invoice shall not be amended or modified except by another written document duly signed by the parties.

GOVERNING LAW

This order and Invoice shall be interpreted, construed, and enforced in accordance with the laws of the Province of Quebec. The courts of the Province of Quebec shall have exclusive jurisdiction in respect of any question, disagreement, dispute, action, cause of action or otherwise that may arise from this order and Invoice. The parties agree to elect domicile in the judicial district of the city of Montreal, Province of Quebec, Canada, for the hearing of any question, disagreement, dispute, action, cause of action or otherwise that may arise from this order and Invoice.

LANGUAGE

The parties hereto have expressly agreed that this Invoice as well as all other documents relating thereto be drawn up only in English. Les parties ont expressément convenu que ce contrat de même que tous les documents s'y rattachant soient rédigés en anglais seulement

RMA REQUEST PROCEDURE

It is a strict requirement for Customer to notify Ozkon within 10-days after delivery to commence an RMA request.

Customer must complete and return by email the RMA Request Form, which is attached hereto. Upon receipt of the RMA Request Form, Ozkon will review for completeness and correctness. All RMAs MUST be accompanied by the following:

  • RMA Request Form duly completed.
  • Detailed failure analysis report or test report.
  • Photographs of original packaging and merchandise.

RMA REQUEST FORM

Both sections of the RMA Request Form, Customer details and Product Information must be completed.

MANDATORY RETURN REQUIREMENTS

  • RMA APPROVAL
    • Product returns will only be accepted when a duly completed RMA Request Form and supporting documents has been approved in writing by Ozkon.
  • PACKAGING
    • All boxes must have the RMA number visible on the outside of the box and must have a copy of the RMA approval form.
    • All products must be properly packaged. ESD and Moisture sensitive products must be packed in accordance with Customer or manufacturers ESD packaging procedure (anti-static packaging).
  • SHIPPING
    • Customer is responsible for all shipping charges and fees.
    • Ensure that your shipment reaches Ozkon prior to the 10-days RMA expiration date.
  • LABELS
    • Labels on products are only allowed if they do not have any contact with surface mounted components or PCB.
    • All boxes must be free from foreign labels and markings.
  • TESTING
    • Ozkon reserves the right to re-test the products.
  • MODIFICATION(S)
    • Ozkon does not accept any product that has been modified or altered in any way whatsoever; nor will Ozkon accept any product which at Ozkon’s sole discretion was misused, improperly stored, or mishandled or the Customer or did not follow ESD handling and storage procedure for ESD sensitive products.

RECEPTION PROCESS

Upon receipt by Ozkon, Ozkon will review RMA Request Form and ensure compliance with the above mandatory requirements. Product(s) which have been returned will be subject to a return inspection. In the event that any product(s) is returned by Customer under false pretense or in nonconformity with the present RMA Policy, Ozkon will return all product(s) not eligible for return to Customer freight collect or hold product(s) for Customer’s account at Customer’s expense.

For any further assistance please contact us: info@ozkon.com

OZKON’S COMMITMENT TO DATA PRIVACY PROTECTION

Protecting the security and privacy of your personal data is important to Ozkon; therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. The policy outlined below will help you understand what data Ozkon may collect, how it uses and safeguards that data and with whom we may share it.

PERSONAL DATA

Through the Web sites, Ozkon will not collect any personal data about you (e.g., your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with this information through your consent or unless otherwise permitted by applicable laws and regulations for the protection of your personal data.

PURPOSE OF USE

When you do provide us with personal data, we always use it to respond to your inquiry, process your order or provide you access to specific information or offers. We may also use your personal data to support our customer relationship with you:

  • we may store and process personal data and share it with our worldwide affiliates to better understand your business needs and how we can improve our products and services; or
  • We may use personal data to contact you about Ozkon’s offer in support of your business needs or to conduct online surveys to understand better our customers' needs.

If you choose not to have your personal data used to support our customer relationship, we will respect your choice. We do not sell or otherwise market your personal data to third parties.

PURPOSE LIMITATION

Ozkon will collect, use, or disclose personal data supplied by you only for the purposes disclosed to you, unless the disclosure:

  • is a use of the personal data for any additional purpose that is directly related to the original purpose for which the personal data was collected,
  • is necessary to prepare, negotiate and perform a contract with you,
  • is required by law or the competent governmental or judicial authorities,
  • is necessary to establish or preserve a legal claim or defence,
  • Is necessary to prevent fraud or other illegal activities, such as wilful attacks on BESA information technology systems.

COMMUNCICATIONS OR UTILIZATION DATA

Through your use of telecommunications services to access our Web site, your communications data (e.g., Internet protocol address) or utilization data (e.g., information on the beginning, end, and extent of each access) are technically generated and could conceivably relate to personal data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

NON-PERSONAL DATA COLLECTED AUTOMATICALLY

When you access our Web site, we may automatically (i.e., not by registration) collect non-personal data (e.g., type of Internet browser and operating system used, domain name). We may use this data and share it with our worldwide affiliates to monitor the attractiveness of our Web site and improve its performance or content.

SECURITY

To protect your personal data against accidental or unlawful destruction, loss, or alteration and against unauthorized disclosure or access, Ozkon uses technical and organizational security measures.

LINKS TO OTHER WEBSITES

Ozkon’s Web site contains links to other Web sites. Ozkon is not responsible for the privacy practices or the content of other Web sites.

QUESTIONS AND COMMENTS

Ozkon will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If you have any questions or comments about the Ozkon Data Privacy Protection Policy, please contact us. As the Internet matures, so will our Data Privacy Protection Policy. We will post changes to our Data Privacy Protection Policy on this page. Please check this page regularly to keep up to date.

RESTRICTION OF HAZARDOUS SUBSTANCES (ROHS)

In February of 2003 European Union adopted the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive, restricting the use of Lead (Pb), Cadmium, Mercury, Hexavalent Chromium and PBB/PBDE flame retardant materials in electrical and electronic products sold in Europe beginning July 1, 2006. Lead is the most prominent of the above elements and compounds presently used in electronics components and the phrase "Lead Free" has become synonymous with term “RoHS”.

Prior to the RoHS directive, the semiconductor industry had been working toward providing lead-free assemblies, components and devices in low volume to meet specific market applications. The acceleration of the global transition to Pb-free electronics is being driven by the European Union's 2003 Restriction of Hazardous Substances (RoHS) legislation mandate.

Identification of the Pb-free materials employed in electrical and electronic equipment is critical for those performing assembly, recycling, repair and rework. So far, no uniform component identification standard has been adopted for this issue. Some components manufacturers have generated new ordering codes to designate RoHS compliant product, others employ temporary designators to be utilized during FAB transition, while several IC manufacturers have openly stated there will be no planned component ordering modifications.

The warranty applies to all electronic components sold by Ozkon, which are operated in accordance with the product and operational specifications. Ozkon agrees to transfer to Customer whatever transferable warranties Ozkon receives from the manufacturer of products sold to Customer. Ozkon extends a one-year limited warranty for the products it sells. Nevertheless, if product does not meet manufacturer's specifications, Ozkon has the option to (a) repair the product, (b) replace the product at no cost to Customer; or (c) refund Customer's purchase price. This warranty is contingent upon proper storage and handling of the product and does not cover products that have been subjected to physical abuse or electrical stress from improper handling and storage of Electro Static Discharge (“ESD”) sensitive products. All ESD sensitive products must be stored per manufacturer’s recommendations. In the event the product fails a test report, this test report and product must be sent to Ozkon for evaluation along with a copy of Customer’s ESD storage and handling procedure, subject to Ozkon’s ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS policy as stated herein. In addition, thereto, Customer's obligations and Ozkon’s remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. No warranty will apply if the product has been subject to misuse, static discharge, improper storage or handling, non-adherence to ESD storage and handling procedures, neglect, accident, modification, or has been soldered or altered in any way whatsoever.

© 2023 | OZKON | All rights reserved.
Skip to content