CONDITIONS OF USE

 

Welcome to the AVX Corporation web site.AVX Corporation provides its services to you subject to the following conditions. If you visit any of the AVX Corporation web pages, you accept these conditions.

Please read the Conditions of Use carefully. In addition, when you use any current or future AVX Corporation service(s) or visit or purchase from any business affiliated with AVX Corporation, whether or not included in the AVX Corporation web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Copyright / Trademarks

All content included on this web site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of AVX Corporation or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of AVX Corporation or its software suppliers and protected by United States and international copyright laws.

|Z| Cap, Accu-F, Accu-Guard, Accu-L, Accu-P, AntennaGuard, AVX, BitGuard, Border Cap, CAN BUS, CAPAFIM, Ceraguard, Ceralam, Ceraseal, DipGuard, Dual Cap, ELCO, FILFIM, Fuseguard, Glasguard, Glass-K, Hermaphricon, Hi-Q, Kyocera, LICA, LICC, Maxi SLC, Maxi-Chip, Microleaf, Minitan, MOBO, MultiGuard, OxiCap, PolyTect, Quadcap, Ramguard, SkyCap, Socchip, Solo Stacker, SpinGuard, Spinseal, Splitcap, StaticGuard, Supracap, TACmicrochip, Torson, TPS, TRAFIM, Transfeed, TransGuard, UltraGuard, Varicon, VariGuard, VARIPIN, Zistor, The AVX Online (logo), AVX (logo), Kyocera (logo) are trademarks, service marks, certification marks or registered trademarks of AVX Corporation and/or Kyocera Group Company. All other trademarks not owned by AVX Corporation or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AVX Corporation or its subsidiaries.

License and Site Access / Logo Use

AVX Corporation grants you a limited license to access and make personal use of this site. Downloading and modifying any portion of this web site without express written consent of AVX Corporation is prohibited. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AVX Corporation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the AVX Corporation web site without express written consent from AVX Corporation. You may not use any meta tags or any other form of "hidden text" utilizing the AVX Corporation name or trademarks without the express written consent of AVX Corporation. Any unauthorized use shall terminate the permission or license granted by AVX Corporation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the AVX Corporation web site so long as the link does not portray AVX Corporation or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AVX Corporation logo or other proprietary graphic or trademark as part of the link without express written permission from AVX Corporation.

Disclaimer of Warranties and Limitation of Liability

All statements, information and data given within this web site are believed to be accurate and reliable, but are presented without guarantee, warranty, or responsibility of any kind, expressed or implied. The user should not assume that all safety measures are indicated or that other measures may not be required. This site is provided by AVX Corporation on an "as is" and "as available" basis. AVX Corporation makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. This site contains links to other sites; AVX Corporation is not responsible for the privacy practices or the content of such web sites.

To the full extent permissible by applicable law, AVX Corporation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AVX Corporation does not warrant that this web site, its servers, or e-mail sent from AVX Corporation are free of viruses or other harmful components. AVX Corporation will not be liable for any damages of any kind arising from the use of this web site, including but not limited to direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these limitations are not allowed in your state, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Terms & Conditions of Sale

All orders placed by customer (hereinafter referred to as Buyer) to AVX Corporation (hereinafter referred to as Seller) shall be deemed to be entire and Buyer’s acceptance of any portion thereof shall constitute acceptance of the complete order on the terms and conditions set forth.

Delivery dates indicated on quotations and acknowledgments of orders are accurately estimated but are not guaranteed.

Prices shown on quotations and acknowledgments are for material shipped within thirty (30) days from date of order. Any material shipped after this thirty (30) day period will be billed at Seller's prices in effect on the dates shipments are made, except that in no case shall the prices charged be less than those on the acknowledgment. Buyer is to accept Seller's certifications of the prices that will apply on the shipments against this order as shipments are made; this arrangement will continue to apply during the life of the order. Any changes or adjustments to the aforementioned Purchase Order will be in writing.

On all orders the right is reserved to ship and bill five percent (5%) more or less than the exact quantity specified, not to exceed One Thousand (1,000) pieces.

Cancellation and Reschedules: Seller standard cancellation terms are 60 days notification prior to scheduled ship date. Standard reschedule terms are 45 days notification prior to scheduled ship date.

Standard payment terms shall be 1% 10, net 30 days, and firm. Finance Charge of 1% per month will be added to all outstanding invoices over 60 days past due.

Customer must supply remittance information with all payments. Seller will work diligently to reconcile all payment discrepancies, however customer will forfeit any credits outstanding in excess of 12 months. Seller reserves the right to offset credits outstanding against customer’s unpaid receivables.

Seller warrants only that the goods supplied hereunder shall conform to the description stated herein, that it will convey good title thereto and that the goods will be delivered free from any security interest or other lien of encumbrance at which the Buyer at the time of contracting has no knowledge. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS OF SAID GOODS FOR ANY PARTICULAR PURPOSE NOR IS THERE ANY OTHER WARRANTY EXPRESSED OR IMPLIED EXCEPT AS HEREIN ABOVE SET FORTH.

Unless specifically agreed to in writing, Seller has not tested or certified its products, services or deliverables for use in high risk applications including medical life support, medical devices, direct physical patient contact, water treatment, nuclear facilities, weapon systems, mass and air transportation control, flammable environments, or any other potentially life critical uses. Buyer understands and agrees that Seller makes no assurances that the products, services or deliverables are suitable for any high-risk uses. Under no circumstances does Seller warrant or guarantee suitability for any customer design or manufacturing process.

SELLER'S LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THIS CONTRACT IS EXPRESSLY LIMITED TO REPLACEMENT BY SELLER OF NON-CONFORMING GOODS OR AT SELLER'S OPTION, PAYMENT BY SELLER NOT TO EXCEED THE ORIGINAL PURCHASE PRICE OF THE GOODS BY BUYER FOR WHICH DAMAGES ARE CLAIMED. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

IN THE EVENT BUYER OR ANY PURCHASER FROM BUYER SHALL ALTER OR MODIFY THE GOODS AND ANY CLAIMS ARE ASSERTED AGAINST SELLER BY REASON OF SUCH ALTERATION OR MODIFICATION, BUYER SHALL DEFEND, INDEMNIFY, AND HOLD SELLER HARMLESS AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, EXPENSES AND COSTS INCLUDING ATTORNEYS FEES IN CONNECTION THEREWITH OR RESULTING THEREFROM.

Buyer shall inspect the goods furnished hereunder immediately after delivery, and with regard to standard items listed in Seller's catalog must make written claim for any errors, deficiencies or imperfections within thirty (30) days of delivery. On special goods made to order, all claims must be made within ten (10) days of delivery. Failure to give notice of any claim within said time periods shall constitute an unqualified acceptance of the goods and a waiver by Buyer of all claims with respect therein.

Materials may not be returned for credit without written permission of Seller. Material other than our standard stock material in its original packaging cannot be returned for credit.

Seller will not be liable for failure to deliver or for delay in delivery of the goods specified when delay or non-delivery is caused by any circumstances excused under the provisions of Section 36 Article 2-615 of the Uniform Commercial Code of the United States of America.

Any special tools, dies or fixtures necessary for completion of the orders shall become and remain Seller's property regardless of whether Buyer paid for them.

In addition to the price stated herein, Buyer agrees to pay to Seller any additional cost arising from any Federal and/or State legislation imposed as a processing of any other tax on the raw material of manufactured product for which Seller may be liable or for any additional cost that may arise through Federal and/or State legislation fixing or regulating hours and costs of labor producing this commodity.

Title and risk of loss to all goods furnished hereunder shall pass to Buyer upon Seller's delivery to carrier at shipping point.

AVX Corporation is a validated C-TPAT participant. As such, and in keeping with this government-business initiative, AVX encourages all supply chain participants to ensure the integrity of their security practices and communicate and verify the security guidelines of their business partners within the supply chain.

Stenographic and clerical errors subject to correction.

EDI/electronically transmitted documents shall be considered to carry the same weight and content as paper driven transmissions and shall be subject to the terms and conditions set forth on such forms. Should they be inconsistent, or in conflict, it is agreed that any conflict or dispute that arises between the parties in connection with any such transaction will be resolved as if such a transaction had been effected through the use of such forms.

This Contract will be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to conflict of laws provisions, and without regard to the provisions of the United Nations Convention on the International Sale of Goods. The parties submit to the sole and personal jurisdiction of the federal courts of the State of South Carolina with jurisdiction over Horry County, unless such courts do not have subject matter jurisdiction over such dispute, in which case the parties will then submit to the jurisdiction of the state courts of the State of South Carolina in and for Horry County. Buyer agrees to comply with all applicable U.S. export control laws and regulations, specifically including, but not limited to, the requirements of the Arms Export Control Act, 22 U.S.C. §§ 2751-2794, including the International Traffic in Arms Regulation (ITAR), 22 C.F.R. § 120, et seq.; and the Export Administration Act, 50 U.S.C. app. 2401-2420, including the Export Administration Regulations, 15 C.F.R. §§ 730-774; including the requirement for obtaining any export license or agreement, if applicable. Without limiting the foregoing, Buyer agrees that it will not transfer any export controlled item, data, or services, to include transfer to foreign persons employed by or associated with, or under contract to Buyer or Buyer’s lower-tier suppliers, without the authority of an export license, agreement, or applicable exemption or exception. Buyer agrees to notify Seller if any deliverable under this Contract is restricted by export control laws or regulations. Buyer shall immediately notify Seller if Buyer is, or becomes, listed in any Denied Parties List or if Buyer’s export privileges are otherwise denied, suspended, or revoked in whole or in part by any U.S. Government entity or agency. If Buyer is engaged in the business of either exporting or manufacturing (whether exporting or not) defense articles or furnishing defense services, Buyer represents that it is registered with the Office of Defense Trade Controls, as required by the ITAR, and that it maintains an effective export/import compliance program in accordance with the ITAR. Where Buyer is a signatory under an export license or export agreement (e.g., TAA, MLA), Buyer shall provide prompt notification to Seller in the event of changed circumstances including, but not limited to, ineligibility, a violation or potential violation of the ITAR, and the initiation or existence of a U.S. Government investigation, that could affect the Buyer’s performance. Buyer shall be responsible for all losses, costs, claims, causes of action, damages, liabilities, and expenses (including attorneys’ fees, all expense of litigation and/or settlement, and court costs), arising from any act or omission of Buyer, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under these terms and conditions.

Dispute Resolution

Any controversy or claim arising out of or relating to the use of the AVX website shall be settled by arbitration administered by the American Arbitration Association in accordance with its Procedures for Large, Complex Commercial Disputes including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless otherwise agreed to by the parties, the arbitration shall be held in Myrtle Beach, South Carolina and the substantive and procedural laws of Delaware shall apply, except for any choice of law provisions. The arbitration shall be conducted in English. Although the arbitrator(s) need not apply formal rules of evidence, the arbitration will be guided by the Federal Rules of Evidence. The arbitrator(s) shall render an award together with a reasoned decision. The arbitrators may award costs and attorney’s fees if they determine that the position of one party was not substantially justified. The arbitrators may not award punitive damages, nor may they award multiple damages even if permitted by applicable law.

Site Policies, Modification, And Severability

Please review all policies posted on this site. These policies also govern your visit to the AVX Corporation web site. We reserve the right to make changes to our web site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

AVX Corporation
One AVX Boulevard
Fountain Inn, SC 29644-9039

www.AVX.com.