All orders are accepted by pcbbasket.com Inc. pcbbasket.com Inc. (pcbbasket.com or "Company") subject to the Terms and Conditions set out below:
All orders for products ("Products") will be accepted by pcbbasket.com subject to these Terms and Conditions. Any person who places orders for Products/ with PCBBASKET.COM ("Customer" or "You") is bound by these Terms and Conditions. No other terms will apply to the supply of Products by pcbbasket.com unless agreed in writing by an authorized signatory of pcbbasket.com. BY PLACING AN ORDER FOR PRODUCTS FROM THE COMPANY, OR BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. pcbbasket.com reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at pcbbasket.com .
2. Placement of Orders.
Placement of an order shall constitute an order to us, firstly, to test in broad terms the suitability of your design(s) for our fabrication, and, secondly, to produce such custom Products as pcbbasket.com deems practicable for fabrication.
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including, without limitation, in catalogues, on web sites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products, but will not form part of this Agreement. If the Descriptions of any products differ from the manufacturers’ description, the latter shall be deemed to be correct. The Company relies on such information, if any, as may have been provided to it by the manufacturers of the products and accepts no liability in contract or tort, or under statute, regulation or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. The Company may make changes to the products as part of a program of improvement or to comply with legislation. Where the product is flagged as RoHS compliant or where the , for updated information and a current listing of RoHS compliant product. The information contained on our website supersedes the information contained in any pcbbasket.com printed catalogue or other publication. or is used, this means that, based on information provided by our suppliers, the product does not contain the substances restricted by the European Community Directive (2002/95/EC) on the Restriction of the use of certain Hazardous Substances, commonly known as the RoHS Directive, at levels in excess of the anticipated maximum concentration values or the existence of the restricted substances in the product at levels in excess of those concentrations is allowed as one of the particular applications listed in the Annex to the RoHS Directive. RoHS Compliant Available means that those products, within a product family, which are marked with a are RoHS Compliant. This information is of a general nature and is not intended to address the circumstances of any particular individual or entity. No one should act on such information without appropriate professional advice.
You warrant and represent that the designs, plans, schematics, manufacturing specifications, and other order-related information submitted by You, and the Products manufactured or fabricated in accordance therewith, are Your original inventions/works of authorship, designed and created by You, which do not—by themselves, or as incorporated into any system, product, device, apparatus or mechanism, or as used in a process—infringe or violate any rights (including but not limited to patent, copyright or trade secret rights) of any third party. You further warrant and represent that the designs, plans, schematics and manufacturing specifications submitted by You, and the Products manufactured or fabricated in accordance therewith, do not infringe or violate any local, state, federal or international law, code or regulation. You shall indemnify and hold harmless pcbbasket.com against any and all claims arising out of, connected with or related to the foregoing warranties and representations.
3. Order Confirmations.
A confirmation email is normally sent upon receipt of each order. Make sure that pcbbasket.com’s e-mail address is not blocked by your spam filters. If You do not receive a confirmation e-mail, check your e-mail program’s Junk folder. If you still do not see the confirmation e-mail, contact pcbbasket.com to confirm our receipt of your order. To avoid possible double-ordering (and double-billing), resubmit an order only if pcbbasket.combasket.com confirms in writing that your original order was not received. Due to the intentional similarity of many orders, pcbbasket.com does not screen for duplicate orders. If You accidentally place a duplicate order, You must notify pcbbasket.com immediately to cancel the duplicate order, otherwise all orders will be processed and charged.
4. Price Quotations.
The Request for Quote automatically generates price estimates for the fabrication of Products. While these estimates are generally accurate, they are subject to upward or downward adjustment by pcbbasket.com after it has received your order. Price adjustments may be invoked to accommodate many factors, including but not limited to unusual designs, specific customization requests made by You, planned revisions to the software’s internal price list, and unexpected market fluctuations affecting the availability and price of shipping and/or raw materials. If a price adjustment is made, You will be notified via the e-mail address supplied by You during the ordering process. You will be given two (2) business days to accept the new price (all other terms will remain unchanged) or cancel your order. For your protection as well as ours, if pcbbasket.com does not receive a response from You within that time frame, your order will be automatically cancelled. You may, and of course should, re-submit your order at any time thereafter.
5. Declined Orders.
Sometimes, a Product will prove technically or economically impracticable to fabricate as ordered. PCBBASKET.COM reserves the right to decline fabrication of a Product, in its discretion. In the event of an order being declined, PCBBASKET.COM will not charge You for any work done or materials used, and You may not hold pcbbasket.com liable for any inconvenience or losses incurred by You. If You order more than one Product at one time, and pcbbasket.com declines the production of fewer than all of the Product's, any remaining Products will be manufactured, and paid for, per the original terms of the order.
Prices listed and charges discussed herein are in US dollars. Some products may not be available for purchase in Canada or the United States. For scheduled deliveries over 60 days, the Company reserves the right to charge the Customer the price of the products at shipment if higher. The Company’s quoted prices do not reflect the cost of accommodating Customer’s purchases via credit card or any third-party procurement services, software or e commerce providers and the Company may accordingly pass through the additional charges incurred as a result of Customer’s use of such purchasing methods. Prices shown do not include any Federal and Provincial sales taxes or any present or future sales, use, excise, value-added or similar taxes. Where applicable, such taxes shall be billed as a separate item and paid by Customer. Orders are accepted with the understanding that such taxes will be added, as required by law. The Company charges sales tax unless Customer has a valid sales tax exemption certificate on file with the Company. Selected products containing precious metals are subject to a surcharge.
7. Payment Terms.
. If pcbbasket.com has not granted credit to the Customer, payment terms are cash with order.
Credit terms (subject to satisfactory references and pcbbasket.com’s absolute discretion) are available. If credit has been granted, the Customer must pay by the 30th day of the month following the month in which the relevant order is despatched. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment:
i. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date;
ii. The Customer will be liable to pay all expenses and legal costs incurred by pcbbasket.com in relation to obtaining or seeking to obtain an appropriate remedy; and
iii. pcbbasket.com may charge the Customer interest calculated on the unpaid amount and accrued during the period from the due date until payment is made in full (whether before or after judgement) at the rate of one per cent per month, compounded monthly.
We accept PayPal payments. A surcharge may be assessed for Customers who routinely pay past due invoices by credit card.
8. International Orders.
For orders for shipments of products outside of Canada or the United States, please contact us for further information.
9. Export Controls.
Products purchased or received under these Terms and Conditions are subject to export control laws, restrictions, regulations and orders of Canada and the U.S. Customer agrees to comply with all applicable export laws, restrictions and regulations of Canada and the U.S. or other foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such Canadian, U.S., or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.
10 Shipping & Handling/Delivery.
All shipments are subject to duty to be paid collect by Customer or their carrier account. Backordered items will be shipped when product is available.
Delivery times quoted are estimates only. While pcbbasket.com strives to deliver on time as requested, there are many factors that can delay delivery. Under no circumstances shall PCBBASKET.COM be liable for any special or consequential damages, or for any loss, damage or expense (whether or not based on negligence) directly or indirectly arising from delays or failure to give notice of delay. Since actual manufacturing costs (material, machining, labour, freight, etc) are mainly fixed at the time you choose a price/time combination, prices are not adjusted up or down based on early or late actual delivery time, even if the actual delivery time coincided with an alternate price/time combination.
You may select the mode and port of shipment that You prefer or, at your option, pcbbasket.com will select the fastest and most economical means practicable. pcbbasket.com will normally follow Your shipping instructions, but reserves the right to ship Products freight collect and to select the means of transportation and routing when Your instructions are deemed unsuitable. If PCBBASKET.COM selects the carrier, the cost of appropriate insurance will be added to your order price, in addition to shipping costs. If You select the carrier, You have the option of insuring the delivery, an option which pcbbasket.combasket.com strongly endorses for your protection.
Title and risk of loss or damage will pass from PCBBASKET.COM to You upon delivery of the Product to the carrier.
11. Cancellations and Returns.
The Customer may not cancel orders once accepted by pcbbasket.com. Company may allow an order to be cancelled at its discretion, subject to pcbbasket.com recovering from the Customer the costs incurred by pcbbasket.com. If only part of an order is cancelled, pcbbasket.com may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched prior to cancellation compared to the quantity ordered.
The Customer may only return Products to pcbbasket.com for a change of mind or for incorrect ordering, and receive a credit or refund, on the following conditions:
i. The Customer must contact pcbbasket.com in advance (phone 1-877-207-2349 or email email@example.com) and obtain the prior consent of pcbbasket.com and obtain a returns number (to be quoted on all returned paperwork);
ii. Return must be made within 10 days of the date of delivery (as stated on the delivery documentation). Products must be returned to pcbbasket.com in their original packaging, unused and in a condition which will enable them to be immediately fit for re-sale.
iii. Products must be adequately packed and dispatched freight prepaid, clearly labeled, to the Returns Department, 8888 Keele Street Unit 6 Concord Ontario, Canada L4K2N2.
Products accepted for return will be credited at invoice value. pcbbasket.com reserves the right to apply a handling charge of 20% of invoice value.
12. Duty to Notify PCBBASKET.COM of Problems.
If You believe that any part of your order is missing, damaged or defective, You must so notify PCBBASKET.COM, in writing, within ten (10) business days after the custom Products’ arrival at the delivery destination specified in your order. Your written notice must set forth with particularity the manner in which You believe that the delivered Products do not comply with your order or these Terms and Conditions. Failure to give pcbbasket.com timely notice constitutes and demonstrates your approval and acceptance of the Products, in the quantity and quality delivered.
13. Limited Warranty.
Subject to Your compliance with these Terms and Conditions, pcbbasket.com warrants to You, as the original purchaser, that each Product delivered shall be free from defects in material or workmanship, and that each Product delivered will meet the contractually agreed upon specifications, at the time of delivery. pcbbasket.com’s obligation under the Warranty contained herein is limited to repairing, replacing or refunding, at its option, any Product that does not meet this Warranty, provided that You have provided pcbbasket.com with timely notice under Paragraph 13 and returned the Products to pcbbasket.com, transportation charges pre-paid, and provided that, upon pcbbasket.com examination, the Product, when tested within the specified ratings and in accordance with good engineering practice, does not meet the Warranty contained herein. pcbbasket.com reserves the right to require You to demonstrate that the Product's are non-functional in their intended application. In the event of Product replacement, design changes will not be accepted. If samples with non-conformities are approved by You, pursant to Paragraph 13 or otherwise, then You shall accept subsequent production runs with similar non-conformities. This Warranty does not cover ordinary maintenance, or alleged defects resulting from wear and tear within the normal consumable life of the Product, neglect, misuse, abuse, improper handling or storage, alterations, the connection of the Product to or incorporation of the Product into other objects, power or external circuitry, high usage, electro-static discharge, operation in unusual environments, improper maintenance, improper handling, accident and/or negligence. No repair or replacement will extend the applicable warranty period. pcbbasket.com NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OR USE OF ANY PRODUCT. THE FOREGOING WARRANTY AND REMEDIES ARE FOR YOUR EXCLUSIVE BENEFIT AND ARE NOT TRANSFERABLE.
The Company agrees only to be subject to the “mandatory flow down” provisions found in FAR Section 52.244-6. The Company does not agree to be subject to any DFAR.
14. Disclaimer of Warranties.
You acknowledge that PCB does not make, and specifically negates, renounces and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) Products, their use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose, (ii) the maintenance of or other expenses to be incurred in connection with the Products, (iii) the engineering, design, fabrication work or any other work or service (whether gratuitous or for payment) supplied by PCB and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents furnished to You. THE LIMITED WARRANTY DESCRIBED IN PARAGRAPH 13 IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCB PROVIDES THE PRODUCTS AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER VERBAL OR WRITTEN, EXPRESS OR IMPLIED, OTHER THAN THE LIMITED WARRANTY DESCRIBED IN PARAGRAPH 13. PCB HEREBY DISCLAIMS EXPRESSLY ALL OTHER WARRANTIES AND CONDITIONS, WHETHER VERBAL OR WRITTEN, AND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, QUIET POSSESSION, CONDITION OF TITLE, CORRESPONDENCE TO DESCRIPTION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF INFORMATIONAL CONTENT, ACCURACY OR COMPLETENESS OF RESPONSES, WORKMANLIKE EFFORT, AND/OR LACK OF NEGLIGENCE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODCUTS AND ANY ITEMS AFFIXED THERETO OR USED THEREWITH. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PCB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, LICENSORS, SUPPLIERS, DISTRIBUTORS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES AND/OR SOFTWARE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE COMPANY’S PRODUCTS ARE NOT DESIGNED, RECOMMENDED OR AUTHORIZED FOR ANY OF THE FOLLOWING APPLICATIONS: HIGH-RISK APPLICATIONS SUCH AS SAFETY, LIFE SUPPORT, SURGICAL IMPLANT, NUCLEAR, OR AIRCRAFT APPLICATIONS, OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR CATASTROPHIC PROPERTY LOSS; OR FOR ANY MILITARY OR WEAPONRY USE, INCLUDING BUT NOT LIMITED TO CHEMICAL, NUCLEAR, BIOLOGICAL, AIRCRAFT, MISSILE, AND SIMILAR MILITARY APPLICATIONS. UNLESS AN AUTHORIZED OFFICER OF THE MANUFACTURER HAS AUTHORIZED OR APPROVED ANY SUCH USE(S) IN WRITING, OR ALTERNATIVELY HAS PROVIDED CUSTOMER WITH A DOCUMENT SIGNED BY AN AUTHORIZED OFFICER WAIVING CUSTOMER’S RESPONSIBILITY FOR ANY SUCH USE, CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR USE OF COMPANY’S PRODUCTS IN ANY SUCH APPLICATIONS AND AGREES TO DEFEND, INDEMNIFY AND HOLD BOTH THE COMPANY AND THE MANUFACTURER OF THE PRODUCTS HARMLESS AGAINST ALL LOSSES, LIABILITIES, CLAIMS AND DAMAGES THAT MAY BE INCURRED DUE TO USE OF THE COMPANY’S PRODUCTS IN ANY OF THESE PROHIBITED APPLICATIONS.>
15. No Incidental, Consequential and Certain Other Damages.
16. Choice of Law; Venue.
These Terms and Conditions shall be construed and enforced in accordance with the laws of the Province of Ontario, without regard to (i) conflicts of laws provisions of the Province of Ontario or any other jurisdiction; (ii) the U.N. Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; (iv) the 1980 Vienna Protocol amending the 1974 Convention, or (v) any amendment or protocol to the foregoing. Any and all actions to interpret, apply or enforce the provisions of these Terms and Condition or to assert or defend any claims or causes of action relating in any way to these Terms and Conditions and/or Products shall be brought in the courts located in City of Toronto, Ontario; the parties hereby unconditionally and irrevocably consent to the exclusive jurisdiction of and venue in such courts, and hereby irrevocably waive any objection based on forum non convenient and any objection to the venue of any action instituted in such courts.
17. Entire Agreement
These Terms and Conditions, represent the full and complete understanding of the parties with respect to the subject matter hereof, superseding all prior understandings, arrangements and representations, whether verbal, written, or presented online.
If and to the extent that any provision of these Terms and Conditions is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of these Terms and Conditions in any jurisdiction.
The captions and numbering scheme of these Terms and Conditions are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Words used in the singular shall include the plural, words used in the plural shall include the singular, the conjunctive shall include the disjunctive, and the disjunctive shall include the conjunctive. Each covenant, term, and provision of these Terms and Conditions shall be construed simply according to its reasonable meaning, and not strictly for or against any party.
The English language version of these Terms and Conditions is legally binding in case of any inconsistencies between the English version and any translations. The parties hereto confirm that it is their wish that these Terms and Conditions, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only. Remarque: Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rédigés en langue anglaise.
21. No Waiver.
No failure or delay by pcbbasket.com in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by pcbbasket.com shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
These Terms and Conditions are binding upon, and will inure to the benefit of, the parties hereto, their successors and their permitted assigns.
23. Subject to Change.
pcbbasket.com may change or modify these Terms and Conditions from time to time, with or without notice, with such revised terms applicable from the date upon which they are posted at pcbbasket . By accessing the pcbbasket.com website or placing an order subsequent to the posting of any revised Terms and Conditions, You are deemed to have consented to such changes.
24. Effective Date.
These Terms and Conditions are August 10, 2014. This revision supersedes all previous versions and revisions.