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Digitran, a Unit of Electro Switch Corp.

Standard Terms & Conditions

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  • No variation of these terms and conditions by “Buyer's” purchase order or otherwise, is authorized or valid unless made in writing and signed by a duly authorized officer of Digitran, the “Seller”.

  • Clerical errors are subject to correction.

  • Force Majeure. Seller assumes no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver caused by weather, fires, strikes, accidents, embargoes, delays or carriers, insurrection, riot, acts of the civil or military authorities, or from any other cause or event, which is unavoidable or beyond

    Seller’s reasonable control, and if delays from such causes should occur, Seller’s delivery time shall be correspondingly extended.

  • If, for reasons other than the foregoing, noted in 1c. above, should Seller default or delay or not deliver product, Buyer’s sole remedy against Seller shall be an option to cancel its purchase order, through written notice to Seller.

  • All contracts and orders are subject to credit approval and to Seller’s written acceptance. Seller may, at any time, alter or suspend credit, refuse shipment or cancel unfilled orders when, in Seller’s opinion, the financial condition of the Buyer, or the status of the account warrants, or when delivery is delayed by fault of the Buyer, or the Buyer is delinquent in any payment.

  • The acceptance of shipment by common carrier shall constitute a delivery to the Buyer and Seller shall not be responsible for any loss or damage that occurs in transit.

Terms of Payment

  • Net 30 days unless otherwise specified by Seller

  • All shipments F.O.B. factory of origin unless otherwise stated in writing.

  • Payments are to be made in United States currency.



  • Delivery is based on current lead times, subject to the procurement of any Buyer specified material needed in producing the parts.

  • Delivery of the items is stated from date of receipt of Seller’s order acknowledgement.

  • The acknowledgement is based on the quantity released for production and/or shipment at one time.

    However, partial deliveries may be mutually agreed upon and specified providing they consist of a firm order for a specified quantity and complete delivery to be made within a maximum of (12) twelve months after the date the order is accepted.

Non-Recurring Engineering [NRE]

  • NRE is charged on the original order acknowledgement unless otherwise indicated.

  • If changes are subsequently made, an NRE charge covering the cost of the change will be made.


  • Specifications: The Buyer is responsible for all specification changes not specifically noted by revision change letter, number or changed drawings brought to Seller’s attention in writing. Changes in design or specification may extend lead times and/or increase NRE, and/or increase unit price.

  • Changes in delivery schedules or quantity by the Buyer will be reviewed for their effect on price. Extensions in delivery beyond original schedules will be accommodated with one (30) thirty-day grace period. Beyond this, the price will be reviewed, and a new price may be established in accordance with the new delivery schedule. Requests to expedite orders will be accommodated only to the extent production scheduling and material availability.

Order Cancellation

Claimed Shortages


The Following is in Lieu of all other Warranties Expressed or Implied.

  • Seller warrants all products manufactured to be free of defects in material and/or workmanship for a period of (1) one year after date of shipment. Seller’s responsibility under this warranty is limited to the repair or replacement of defective material and to those claims made within the Warranty period.

  • Buyer must notify Seller of rejected shipments in writing within thirty (30) days of receipt of product. No material is to be returned without the prior written consent of Seller. Seller’s liability is limited to the repair or replacement of defective material and to those claims made within the Warranty period. It is Seller’s policy not to sell internal spare parts. Any field disassembly, modification, misuse, or use of parts for other than their intended and designed purpose will void the warranty, and Seller will assume no liability for any damage as a result of disassembly, modification, misuse, or use of parts for other than their intended and designed purpose.

  • Product returned for repair is subject to a (1) one-year limited warranty from the date of the repair.

  • This Limited Warranty is Exclusive and In Lieu Of All Other Warranties, Expressed or Implied. Seller specifically disclaims the implied warranties of merchantability and fitness for any particular purpose of product sold. The remedies enclosed within are the buyer’s sole and exclusive remedies.



Return of Material

Certification of Compliance



Sole Remedies

Applicable Law