Any items purchased at MOTION MICRO SYSTEMS online, may be returned or exchanged in accordance with our Conditions of Sale, please note of the following:
1- CANCELLATION & MODIFICATION.
1.1. No cancellation by Purchaser for default shall be effective unless and until MOTION MICRO SOLUTIONS (hereinafter “MMS”) shall have failed to correct such alleged default within thirty (30) days after receipt by MMS of a written notice specifying such default. MMS shall not be liable for any delay in or failure of performance hereunder due to any cause beyond its control. Such causes include, but are not limited to, inability to obtain or delay in obtaining necessary materials or component parts, fire, strike, insurrection, riot, flood, epidemic embargoes,quarantine restrictions, acts of God, war, acts of purchaser, interruption of transportation, and civil unrest. The delivery schedule hereof shall be considered extended by a period of time equal to the time lost because of any delay which is excusable under this clause. In the event MMS is unable wholly or partially to perform because of any cause beyond its control, MMS may terminate the contract without any liability to Purchaser.
1.2. Cancellation of orders within 60 days of scheduled ship dates are subject to full payment of the selling price unless otherwise specified by MMS, provided that orders that are specified by MMS as non-cancellable or non-refundable may not be cancelled by Purchaser.
1.3. Purchaser may reschedule delivery dates only if MMS agrees. A maximum of two reschedules are permitted without a15% additional charge. Any order rescheduled and later cancelled is subject to a 100% cancellation fee.
1.4. Unless otherwise agreed and confirmed in writing, items scheduled for shipment are not subject to revision, rescheduling or termination within thirty (30) days of scheduled delivery.
Products will be accepted for return only upon written authorization by MMS, and issuance of a Return Merchandise Authorization (“RMA”) number. Shipments without an RMA prominently displayed on the shipping package will be refused. RMA’s will be issued by MMS only to cover units to be accepted for evaluation of alleged defect, or units which MMS has otherwise agreed with the Purchaser to accept.
3.1. Purchaser shall be entitled to all applicable manufacturers’ warranties, subject to their terms and enforceability.
3.2. Other than the manufacturers’ warranties, the products sold under this Agreement are sold without any warranty. All statements which have been made by any representative of MMS, whether oral or written, regarding the products are mere expressions of opinion and do not create any expressed or implied warranties. NO OTHER WARRANTY TO PURCHASER FROM MMS IS EXPRESSED OR IMPLIED. MMS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER FURTHER UNDERSTANDS THAT MMS SHALL NOT,UNDER ANY CIRCUMSTANCE, BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING,BUT NO LIMITED TO, INTERRUPTION OF SERVICE, LOSS OF DATA OR LOSS OF PRODUCTS, TIME OR BUSINESS.EVEN IF MMS HAS KNOWLEDGE OR SHOULD HAVE KNOWLEDGE OF PURCHASER’S PURPOSE FOR OR USE OF THE PRODUCTS. No employee or representative of MMS shall have any authority to create warranties on behalf of MMS.