Thank you for choosing AMPACITY SYSTEMS. Please read these terms and conditions carefully as they include important information about your order

1. THE SALES OF PRODUCTS AND SERVICES (“PRODUCTS”) BY AMPACITY SYSTEMS ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) REGARDLESS OF OTHER OR ADDITIONAL TERMS OR CONDITIONS THAT CONFLICT OR CONTRADICT THIS AGREEMENT IN ANY PURCHASE ORDER, DOCUMENT OR OTHER COMMUNICATION (“ORDER”), PREPENDED TERMS AND CONDITIONS ON ANY CUSTOMER DOCUMENT (FOR EXAMPLE: PURCHASE ORDERS OR CONFIRMATIONS.) AND/OR AMPACITY SYSTEMS’ FAILURE TO OBJECT TO CONFLICTING OR ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THE TERMS OF THIS AGREEMENT.
2. Except as otherwise set forth on the front of an AMPACITY SYSTEMS Invoice or acknowledgement, terms of payment are net 30 days from invoice date; prices are FOB AMPACITY SYSTEMS’s facility (as defined in the Uniform Commercial Code): and prices are conditional upon timely payment and any past due balance will accrue interest at the monthly rate of one and one-half percent. AMPACITY SYSTEMS reserves the right modify 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 when due.
   We accept most major credit cards, payment via C.O.D., Paypal, Wire Transfer and we can offer terms to qualified customers. Overseas customers are required to pay by Wire Transfer or Paypal. You must submit a Request for Quote or call our Sales Department to confirm availability and pricing, before you can place an order.
3. In the absence of prior agreement as to shipping, AMPACITY SYSTEMS may select a carrier. AMPACITY SYSTEMS’s responsibility for any loss or damage ends, and title passes, when products are delivered to the carrier, to customer, or to customer’s agent (including, without limitation, any test house or value-added service provider), whichever occurs first. Customer will pay for storage charges if AMPACITY SYSTEMS holds products at customer’s request pending instructions or reschedule delivery.
4. All products sold by AMPACITY SYSTEMS and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions, and limitations of the manufacturer’s standard warranty, which warranty is expressly in lieu of any other warranty, express, or implied, of or by AMPACITY SYSTEMS or the manufacturer. Customers’ exclusive remedy, if any, under these warranties is limited to AMPACITY SYSTEMS’ election, to any of (a) refund or customer’s purchase price (b) repair by AMPACITY SYSTEMS or any products found to be defective; or (c) replacement of any such product. Customer acknowledges that except as specifically set forth or referenced in this paragraph.
   There are no representations or warranties of any kind (including, without limitation, in advertising materials, brochures, or other descriptive literature) by ampacity systems or any other person, express or implied, as to the condition or performance of any products, their merchantability, or fitness for a particular purpose, or otherwise. Ampacity systems assumes no responsibility or liability whatsoever for manufacturer’s product specifications or the performance or adequacy of any design or specification provided to ampacity systems by or on behalf of the customer.
   Use of customer’s part number on any document or on any products is for convenience only and does not constitute any representation by AMPACITY SYSTEMS with respect to the performance, specifications, or fitness of any part for any purpose.
5. Unit pricing for all products and services ordered by Buyer are specified on each invoice. Price quotations, unless otherwise stated, shall automatically expire five (5) calendar days from the date issued and may be canceled or amended within that period upon notice to Buyer. Seller may invoice each shipment separately and each shipment can be considered a separate and individual contract. Customer is responsible for all costs and expenses incurred by AMPACITY SYSTEMS in collecting any sums owing by customer (which may include, but are not limited to, collecting agency and reasonable attorneys’ fees). AMPACITY SYSTEMS shall have the right to offset any sum owed by AMPACITY SYSTEMS to customer against any sum owed by Customer to AMPACITY SYSTEMS.
   Prices are subject to change by AMPACITY SYSTEMS upon customer rescheduling or reconfiguration of orders. Prices are also subject to change in response to supplier price increases or if a price has been quoted in error, whereupon, customer may cancel the undelivered portion of any affected order by delivering written notice to AMPACITY SYSTEMS prior to shipment thereof and within 3 days of its receipt of notice of the price increase.
6. Products are deemed accepted by customer unless customer notifies AMPACITY SYSTEMS in writing within 5 days of delivery of product shortages, damage, or defect. No returns may be made for any reason without a Return Authorization issued by AMPACITY SYSTEMS. If customer refuses delivery of any products or returns any products without authorization from AMPACITY SYSTEMS, such products will be held by AMPACITY SYSTEMS awaiting customer’s instructions for 3 days, after which AMPACITY SYSTEMS may deem the products abandoned and dispose of them as it sees fit, without crediting customer’s account. If the invoice(s) that are affected by the credit memo(s) are still open, the credit memo will be applied directly to the corresponding invoice. All credits must be used within 6 months of issuance.
7. AMPACITY SYSTEMS will not be liable for any failure or delay in its performance or in the delivery of shipments of, or for any damages suffered by customer by reason of such failure or delay is caused by, or arising in connection with, any fire, flood, accident, riot, earthquake, severe weather, war, pandemic, governmental interference or embargo strike shortage of labor, fuel, owner, materials, or supplies, delay in delivery by AMPACITY SYSTEMS’s suppliers or any other cause or causes beyond AMPACITY SYSTEMS’s control. AMPACITY SYSTEMS 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 clause. AMPACITY SYSTEMS reserves the right to allocate in its sole discretion among customers or potential customers, or defer or delay the shipment of, any product which is in short supply.
8. Products may be subject to export or resale restriction or regulation, and customer acknowledges that it will comply with such restrictions and regulations. Any statement as to product country of origin, Export Control Classification Number, or compliance with applicable law (including, without limitation, that products are lead-free or RoHS compliant is as provided to AMPACITY SYSTEMS by its supplier, and AMPACITY SYSTEMS does not warrant its accuracy and will not be liable for any error with the regard to the same. Customer uses such information at its own risk.
9. AMPACITY SYSTEMS has developed a Quality Management Program (QMP) that follows ISO9001, AS9120 and AS6081. All personnel must adhere to this QMP to prevent the purchase of suspect, fraudulent, counterfeit or unapproved parts from our suppliers. AMPACITY SYSTEMS reserves the right to seize and quarantine any and all suspected counterfeit products it receives from suppliers in fulfillment of issued purchase orders. Suspect counterfeit products will be surrendered to the appropriate Federal or State authorities for confiscation and/or destruction. AMPACITY SYSTEMS will also file a GIDEP alert and/or file a complaint with ERAI against the supplier and the parts supplied. If products furnished by the supplier are determined to be suspect, fraudulent, counterfeit or unapproved, the supplier agrees to reimburse AMPACITY SYSTEMS the full purchase price paid as well as any shipping or 3rd party testing charges incurred by AMPACITY SYSTEMS.
10. Neither ampacity systems nor its suppliers will have any liability or obligation to customer or any other person for any claims, loss, damage, or expense caused in whole or in part, directly or indirectly by the inadequacy of any products for any purpose, by any deficiency or defect in any product (whether or not covered by any warranty), by the use or performance of any products or by any failure or delay in ampacity systems’ performance hereunder, or for any special, direct, indirect, incidental, consequential, exemplary or punitive damages however caused, including, without limitation, personal injury or loss of business or profit, whether or not customer will have informed ampacity systems of the possibility or likelihood of any such damages.
11. The performance of any value-added service (including testing services) may void the manufacturer’s warranty and render products non-returnable. Any third-party, value-add service provider is deemed to be an agent of the customer.
12. No order or customer obligation may be cancelled, rescheduled, reconfigured, or assigned without the AMPACITY SYSTEMS’ prior written authorization and, in such event, customer will be liable to AMPACITY SYSTEMS for any additional costs and expenses incurred by AMPACITY SYSTEMS.
13. Buyer must specify traceability requirements in writing upfront and on the face of the purchase order. Our AMPACITY SYSTEMS’ Certificate of Conformance (COC) certifies that this shipment is part of the shipment covered by the Manufacturer’s documentation. Results of all substantiating tests and other evidence supporting such documentation are either on file with AMPACITY SYSTEMS or will be requested from the manufacturer of the product if required by the buyer in advance. Seller further certifies that where applicable, it has handled products furnished hereunder in accordance with publications JESD31 and JESD625.
14. AMPACITY SYSTEMS certifies that it complies with all applicable requirements the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor.
15. Buyer’s rights under these terms and conditions may not be assigned without AMPACITY SYSTEMS’ prior written consent. However, the foregoing does not limit Buyer’s right, upon making payment in full, from transferring title to the merchandise subject to written notice to and transfer of title on the records of Seller.
16. These terms and conditions shall be binding on the heirs, executors, administrators, successors and assigns of the Buyer. Buyer further agrees that AMPACITY SYSTEMS may assign its rights under this agreement and that this agreement shall be binding upon and insure to the benefit of the successors and assigns of Seller.
17. These terms and conditions consist of all terms, which have been agreed upon between the parties with exception of any (i) credit application provided by Buyer, (ii) personal guarantee(s) submitted by Buyer, and/or (iii) such additional terms as provided on AMPACITY SYSTEMS’ invoices. These terms and conditions replace all other discussions and agreements, whether oral or written, as relating to those goods and services. No subsequent discussion or agreement can change the terms of this contract unless it is written and signed by both parties.