We are pleased to extend the following terms and conditions (“T&C”) to customers of FUTEK Advanced Sensor Technology (“FUTEK”). All transactions, and all communications regarding potential sales and orders of products, whether standard, modified, or custom-built (collectively, “Products”), are subject to the T&C and all orders are subject to final acceptance by FUTEK.
- All major credit cards are accepted (Visa, Master Card, American Express, Discover).
- New accounts will be processed on a pre-paid basis while credit is established.
- FUTEK provides NET30 payment term upon credit approval.
- At least 3 vendor and 1 bank reference are required for credit approval.
- Credit approval requires 5-7 business days.
- Credit approval is subject to change/evaluation annually.
- Make to order Products – Manufacturing begins after receipt of payment confirmation and drawing approval.
- Prices are in US dollars.
- Prices are based on NET30 days payment term for customers placing order on account following credit approval.
- 1% of total order amount will be added for every 10 days past payment term.
- Products listed with special discount on FUTEK website (www.futek.com) might be subject to discontinuation.
- Prices are subject to change without notice.
- FUTEK reserves the right to renegotiate price and delivery in the event that there are significant changes to quantity, design, and/or processing cost.
- Purchase Orders require a $300 minimum order size. No minimum order size is required for online orders.
The price of the Products is exclusive of any tax, including value added tax or any applicable federal, state, or local excise, sales, use, property, or like taxes, tariffs, import duties or commissions. Without limiting the foregoing, FUTEK will apply sales tax to all orders within the following states: AR, AZ, CA, CO, CT, FL, GA, IA, IL, IN, KS, KY, MA, MD, MI, MN,MO, NC, ND, NE, NJ, NM, NV, NY, OH, OK, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY, unless customer provides a resale/tax exempt certificate. Customer shall, upon receipt of a sales tax invoice from FUTEK, pay to FUTEK any additional amounts of sales tax as is chargeable on the supply of the Products.
- FOB origin (Irvine, CA, USA).
- Stock Products – Delivery time begins after receipt of Order Confirmation.
- Make to order Products – Delivery will be made on or before promise date listed on order confirmation.
- Stock Products – Delivery begins after receipt of wire confirmation.
- Make to order Products – Delivery will be made on or before promise date listed on order confirmation.
- Customer is responsible for shipping charges. Customer may provide a FedEx/UPS account number and specific shipping instructions. Otherwise FUTEK will prepay shipping charges as follows and add them to customer’s invoice:
- Domestic orders – UPS 3rd day.
- International orders – FedEx International Priority.
- FUTEK shall use its reasonable efforts to deliver the Products to customer by the agreed upon date. However, except in cases of FUTEK’s willful misconduct or gross negligence, FUTEK shall not be liable to customer for delays in delivery or damage to Products while in transit.
- Force Majeure:
- FUTEK shall not be liable to customer or any other person, and customer shall not be liable to FUTEK or any other person, for any failure or delay in the performance of any obligation under these T&C due to events beyond its reasonable control, including, but not limited to, fire; storm; flood; earthquake; explosion; accident; pandemic; wars; riots; sabotage; strikes; labor shortages; shortages or failures of energy, materials, supplies or equipment; transportation embargoes or delays; acts of God; breakdown in equipment; and, except as otherwise set forth in this these T&C, acts or regulations of federal, state or local governments.
- When the event operating to excuse performance by either party shall cease, these T&C shall continue in full force until all deliveries have been completed.
Returns & Restocking
- Products that are considered custom or modified builds do not qualify for return.
- Products starting with FSHxxxxx are considered standard. Products starting with QSHxxxxx are considered custom or modified parts.
- Customer must ask for authorization for all Standard Product returns, whether for repair, recalibration or otherwise (“RMA”).
- Customer shall have 30 calendar days following customer’s receipt of shipment to return the Standard Product. FUTEK will charge a 20% restocking fee or a minimum of $150, whichever is greater.
- FUTEK retains the right to reject any package that contains a Standard Product that was returned without a prior RMA.
- Time is of the essence. Standard Products must be received within 14 business days from the date the RMA is issued to qualify for the restocking fee stated at the time of the RMA creation. Standard Products received after this date may no longer qualify for return.
- Credit, if any, will be issued upon evaluation to determine the condition of the Standard Product. Any alterations to the Standard Product will void the return. Example - trimming lead wires.
- Accessories, cables, services, and software do not qualify for return.
- Only Standard Products purchased through FUTEK or official FUTEK representatives may be returned for credit.
- FUTEK offers a one-year warranty against manufacturer defects on all Standard Products. Modified and custom-built Products’ warranty may vary.
- Warranty starts on the shipping date of the Standard Product.
- Extended warranty is available upon customer request and for additional cost.
- Special/Quantity orders are NCNR (non-refundable/non-cancelable).
Limitation of Liability
- The remedies of customer set forth herein are exclusive. The total liability of FUTEK with respect to an order, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the purchase price of the Product upon which liability is based. In no event shall FUTEK be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of, related to, or connected with the use or misuse of its Products in any way.
Ownership and Limitations On Use
- Unless otherwise agreed to in writing signed by an officer of FUTEK, all tools, models, plans, drawings, calculations, and documents used or developed by FUTEK to supply any Product or in connection with any potential sales or orders (collectively, “FUTEK proprietary information”) are the property of the FUTEK, even if the cost of development or manufacturing of such tools, models, plans, drawings, calculations, or documents was wholly or partially borne by the customer. Except as expressly approved by FUTEK in writing, customers may not reproduce or share any FUTEK proprietary information in whole or part, with any other firm or individual.
- Any FUTEK proprietary information enclosed with any quotation remains the property of FUTEK. All FUTEK proprietary information shared with customer shall be treated confidentially by customer and must be returned to FUTEK after usage.
- Customer shall not modify, create derivative works of, or improve any Products or prototypes provided under the T&C, except to the extent specifically permitted in writing by FUTEK, in which case the results thereof shall be considered FUTEK intellectual property. Customer shall not disassemble, compile, or otherwise reverse engineer any Products, except to the extent permitted by applicable law and only after prior written notice is given to FUTEK, in which case the results thereof shall be considered FUTEK intellectual property.
Any or all Products may be subject to export or resale restrictions or regulations. Customer agrees to comply with all such regulations and restrictions and any other applicable laws and regulations regarding use of the Products. Without limiting the foregoing, unless authorized by the U.S. Government, FUTEK prohibits export and re-export of FUTEK Products, software, services, and technology to destinations subject to U.S. embargoes or trade sanctions.
- North Korea (Democratic People’s Republic of Korea)
See https://www.treasury.gov/resource-center/sanctions/programs/pages/programs.aspx for further information on U.S. sanctions programs.
- FUTEK Advanced Sensor Technology, Inc. is an EEO/Affirmative Action Employer and complies with Federal Regulations as mandated in Executive Order 11246, as amended 41 CFR 60-741.5.
- FUTEK’s T&C shall be governed by and construed in accordance with the law of the State of California, without giving effect to principles of conflict of laws. The exclusive forum for any dispute, action, or proceeding regarding FUTEK’s T&C, including but not limited to any communication or transaction governed thereby, shall be the County of Orange, California.
- FUTEK’s T&C hereby supersede terms and conditions proposed in any purchase order or other form that add to, deviate from, or conflict with FUTEK’s T&C. No other terms or conditions shall be of any effect unless otherwise specifically agreed to by FUTEK in a separate written agreement duly signed by an officer of FUTEK. Customer will be deemed to have assented to all FUTEK’s T&C if any part of the Products or order is accepted by customer. Any additional or different terms or conditions contained in any customer response hereto shall be deemed objected to by FUTEK and shall be of no effect.
- In the event of a violation or threatened violation of FUTEK’s proprietary rights, FUTEK shall have the right, in addition to such other remedies as may be available pursuant to law or the T&C, to temporary and permanent injunctive relief enjoining such act or threatened act. The parties acknowledge and agree that legal remedies for such violations or threatened violations are inadequate and that FUTEK would suffer irreparable harm as a result of the actual or threatened violations.
- If any provision contained in the T&C is held to be invalid, illegal, or unenforceable, such invalid, illegal, or unenforceable provision shall be severed from the T&C, and the remainder of the T&C shall be enforced.
- The T&C, and any order confirmation of which they are part, contain the entire agreement of the parties with respect to the subject matter of the T&C and, if applicable, order confirmation, and supersede all prior agreements between them, whether oral or written, of any nature whatsoever with respect to the subject matter hereof. The T&C and, if applicable, order confirmation, are binding upon the parties hereto, their successors and permitted assigns.
*Updated June 2023