The following are the terms and conditions of agreement ("Terms and Conditions") for the sale
of products ("Products") by Mouser Electronics, Inc. ("Mouser") to Mouser's
Agreements under these Terms and Condition of sale form the sole agreement with respect to the sale of
products, and supersedes all proposals, negotiations, conversations, discussions, agreements and/or
representations, whether oral or written, including any industry custom or past dealing between the
parties relating to the sale of products.
1. ACCEPTANCE AND CANCELLATION OF ORDERS
Website availability and pricing is an invitation to Customer to tender an offer. Responses to
quotes, and other inquiries for pricing and availability are not construed as an offer by
Acceptance will be in writing, by either an Order Confirmation e-mail or Electronic Data
Interchange (‘EDI”) acknowledgement. Acceptance can also be though execution of Customer's order
by Mouser. When a Customer orders a product from the Mouser’s website, the preliminary written
reply to the order issued on the Mouser’s website does not mean that the order has been
accepted. The written reply is only used to let the Customer know that the order has been
entered into the Mouser’s computer system. Orders accepted by Mouser may be cancelled by
Customer upon written consent of Mouser provided such order is not "NC/NR" or
"Non-Cancelable/Non-Returnable", "Non-Standard Products", or governed by a
Purchase Agreement Letter. Non-standard products are product Mouser has to order from a supplier specifically for
the Customer. This also includes, products not normally in stock, or orders where value-added
services have been incorporated into products. Non-standard products are non-cancelable and
non-refundable. Mouser may identify Products as non-standard or "NC/NR" by various
means including quotes, Products lists, attachments or exhibits. Customer may not change, cancel or
reschedule Orders for Products without Mouser's consent. If after acceptance by Mouser of the
Customer’s order, the Customer cancels the order, Mouser may request the Customer pay Mouser
reasonable cancellation or reliance charges. These charges are paid to Mouser by the Customer.
Customer requests to reschedule are subject to acceptance by Mouser in its sole discretion.
Orders shall not be canceled or rescheduled after the order has been submitted by Mouser to the
shipment carrier. MOUSER RESERVES THE RIGHT TO LIMIT OR CANCEL ANY ORDER, AND HAS SOLE DISCRETION,
TO ALLOCATE SALES, LIMIT QUANTITIES OF SELECTED PRODUCTS, AND LIMIT SELECTED PRODUCTS TO ITS CUSTOMERS.
MOUSER RESERVES THE RIGHT TO REJECT ANY ORDER, OR ANY PART OF AN ORDER. PRODUCT SPECIFICATIONS AND
AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Returns are normally accepted when completed within 30 days of the ship date for the
convenience of the Customer. If Mouser agrees to accept a return, return freight charges
must be prepaid by Customer. Mouser will not accept COD shipments. Some products may
require return directly to the manufacturer. All return items must be in the original
packaging, unused, untested, un-programmed, and in resalable condition. Contact a
Customer Service Representative for a Return Materials Authorization Number and
addressing instructions prior to returning product. Any ESD, programmable
semiconductors, or moisture sensitive product returned that has been opened will not be
eligible for credit. These statements concerning Returns, do not apply to
NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See the NON-CANCELABLE/NON-RETURNABLE PRODUCTS
section in these terms.)
1b. Counterfeit Product Prevention Clause
Only products originally shipped from Mouser or from a supplier at Mouser's direction
(drop-ship) will be returned to Mouser. All others will be promptly quarantined and
disposed of or returned to the Customer. By a Customer returning products to Mouser, the
Customer certifies that the products were purchased from Mouser and there has been no
substitution in whole or part of same product from another supplier, distributor or
other such source of the product. The return should be in the original packaging
(manufacturer or Mouser), in unused and untested condition (except defective). ESD,
programmable semiconductors, or moisture sensitive products should not be opened.
Mouser makes every effort to provide current and accurate information relating to prices, but
does not guarantee the currency or accuracy of any such information. Prices are subject to
change at any time prior to Mouser's completion of your order. In the event Mouser discovers an
error in pricing, we will notify Customer of the corrected version, and Customer may choose to
accept the corrected version, or cancel the order. Mouser is not responsible for pricing,
typographical, or other errors in any communication with the Customer, and reserves the right to
cancel any orders arising from such errors. Orders are billed at the prices and currency in
effect at the time of shipment. Prices will be as specified by Mouser and will be applicable for
the period specified in Mouser's quote. Unless otherwise stated on the quote, quotes are
invitations to tender and are subject to change at any time without notice. If no period is
specified, quoted prices will be applicable for thirty (30) days. The website reflects the
latest pricing information. Prices shown on the website are subject to change without notice.
Prices are subject to increase in the event of an increase in Mouser's costs or other
circumstances beyond Mouser's reasonable control, including but not limited to, manufacturers’
price increases, change in exchange rate, or quoting errors. If Customer does not purchase the
quantity upon which quantity prices are based, Customer will pay the non-discounted price for
the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of
taxes, impositions and other charges, including sales, use, excise, value-added and similar
taxes or charges imposed by any government authority, international shipping charges, forwarding
agent's and broker's fees, bank fees, consular fees, and document fees.
3. TERMS OF PAYMENT
All payments must be made in the currency billed on the original invoice or credit card receipt.
Credit cards accepted include major credit cards, purchase cards, and major bank debit cards
including MasterCard, VISA, Diners Club, Discover, and American Express. Credit Card billing
information must be verified on new Customers prior to shipment of order. Payment via net thirty
(30) days is available to businesses, schools, and agencies with three references or as
otherwise specified by Mouser. Prepaid Wire Transfer/EFT/Proforma: Customers can wire the funds
to our bank. After your order is placed we will e-mail a Proforma invoice which includes our
bank information, the merchandise total and shipping charges. We will reserve stock for your
order for 72 hours on orders awaiting funds. Orders will be canceled after 20 business days if
funds have not been received. Customer is responsible for duties and taxes.
3.1 TERMS OF PAYMENT
For All Orders
Customer agrees to pay the entire amount of each invoice from Mouser in accordance with the terms of
each invoice, without offset or deduction. Orders are subject to credit approval by Mouser, which may
in its sole discretion at any time change the terms of Customer's credit, require payment in cash, bank
wire transfer/EFT or by official bank check, and/or require payment of any or all amounts due or to become
due for Customer's order before shipment of any or all of the Products. If Mouser reasonably believes that
the Customer's ability to make payments may be impaired, or if Customer fails to pay any invoice when due,
Mouser may suspend delivery of any order, or any remaining balance, until such payment is made, or cancel
any order, or any remaining balance. Customer will remain liable to pay for any Products already shipped,
and all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as
Mouser may reasonably require for determination of credit terms and/or continuation of credit terms. Checks
are accepted subject to collection, and the date of collection will be deemed the date of payment. Any check
received from Customer may be applied by Mouser against any obligation owed by Customer to Mouser under this
or any other contract, regardless of any statement appearing on or referring to such check, without discharging
Customer's liability for any additional amounts owed by Customer to Mouser. The acceptance by Mouser of such
check will not constitute a waiver of Mouser's right to pursue the collection of any remaining balance.
Invoices not paid, when due, will bear interest to date of payment at the annual rate of eighteen (18%)
percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due,
Mouser may pursue any legal or equitable remedies, in which event Mouser will be entitled to reimbursement of
costs for collection and reasonable attorneys' fees. There is a $25 (USD) service charge on all returned checks.
4. SALES TAX
When required by law Mouser will collect Federal, State and/or Local sale, use, excise, and
other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase
price of the Products subject to an order. Customer will remit the correct tax unless Customer
is tax exempt and Mouser has a valid signed tax exemption certificate on file.
All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the
responsibility of the Customer and due at the time of delivery.
5. DELIVERY AND TITLE
Domestic shipments by Mouser are typically FCA point of shipment from Mouser's facility, and the
amount of all transportation charges will be paid to Mouser by the Customer in addition to the
purchase price of the Products. Subject to Mouser's right of stoppage in transit, delivery of the
Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer.
Mouser will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's
requested delivery date(s). Customer acknowledges that delivery dates provided by Mouser are estimates only,
and that Mouser will not be liable for failure to deliver on such dates. Selection of the carrier and delivery
route will be made by Mouser unless specifically designated by Customer. Mouser reserves the right to make
deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other
installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will
constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve
Customer of the obligation to accept delivery and pay for the Products delivered.
International shipments follow the Incoterms published by the International Chamber of Commerce. An Incoterm
for a Customer order is selected by Mouser based on Customer address, destination, and/or currency.
Title transfer will be in accordance with the Incoterm selected for the shipment by Mouser. By default, if
incoterm is not specified, the incoterm will be FCA point of shipment from Mouser's facility.
6. MOUSER'S LIMITED WARRANTY
Mouser agrees to transfer to Customer whatever transferable warranties Mouser receives from the manufacturer of
Products sold to Customer. Mouser makes no other warranty, express or implied, with respect to the Products.
IN PARTICULAR, MOUSER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR RESPECTING INFRINGEMENT. Mouser's liability arising out of
any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer
for such Products (without interest), or (2) Repair and/or replacement of such Products, at Mouser's election,
with such remedies exclusive, and excluding all others. Customer must notify Mouser within 90 days from date of
shipment of any defective product. This warranty excludes any and all other warranties, whether oral, written,
expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are
specifically excluded and shall not apply. Customer's obligations and Mouser's remedies with respect to defective
or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if
the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered,
or altered in any way.
7. MOUSER CORPORATE RoHS COMPLIANCE AND LEAD-FREE POLICY
It is the policy of Mouser Electronics to identify and offer products to the Customer as RoHS
Compliant or Lead Free, only after specific requirements have been met. Mouser performs no
testing of product and relies solely on the manufacturer of the product for identification of
RoHS Compliance and for absence of lead. Furthermore, Mouser makes no warranty, certification or
declaration of compliance concerning said Products. Product is advertised or offered as RoHS
Complaint or Lead-Free only after sufficient evidence is received from the component
manufacturer; and any inventory, either in a bin or on order, has been determined to be RoHS
compliant and/or Lead Free. Any relevant evidence will be filed and maintained for at least four
years from the date of receipt. Mouser defines the term "RoHS" as supplier declared
compliance to all restricted hazardous substance regulations under the ELV, WEEE or RoHS EU
directives, regulations or laws. Mouser defines the term "Lead Free" as pertaining to
any product that has been declared by a Supplier to be "Lead Free". All statements by
Mouser of RoHS compliance are based on producer documentation.
7a. PRODUCT COUNTRY OF ORIGIN
Mouser Electronics maintains Country of Origin information on all products in its
inventory. This information is provided to Customers on product labels and product
shipping documents. This information is based on manufacturer-provided information
according to US Treasury, US Customs Regulations. Our manufacturers do not provide
Mouser with the country of origin of each raw material or subcomponent that is
incorporated into the Manufacturer's final product.
8. LIMITATION OF LIABILITIES
IN NO EVENT SHALL MOUSER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY NATURE including, but not limited to, damages resulting from loss of profit or
revenue, recall costs, claims for service interruptions or failure to supply downtime, testing,
installation or removal costs, costs of substitute products, property damage, personal injury,
death or legal expenses. Customer's recovery from Mouser for any claim shall not exceed the
purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether
in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD MOUSER HARMLESS
FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY MOUSER AND INCORPORATED
INTO THE CUSTOMER'S PRODUCT.
9. PRODUCT SAFETY NOTICE AND RESTRICTIONS
Products are intended for commercial use only. Products are traceable to the OEM manufacturer
and Lot/Date Code where available and when requested at the time of Customer order. Mouser does
not determine the specifications or conduct any performance or safety testing of any products
that it sells. Specification sheets provided to Customers are produced by the manufacturer or
transcribed from information provided by the manufacturer. Mouser is not a supplier of Qualified
Product Listing (QPL) components. Customer agrees that all purchases are for commercial or other
applications that do not require QPL components. Any reference to military specifications on our
website is for reference only and does not modify these terms and conditions. Mouser does not
participate in any product safety engineering, product safety review or product safety testing.
Mouser cannot provide any safety testing, safety evaluation or safety engineering services.
Products sold by Mouser are not designed, intended or authorized for use in life support, life
sustaining, human implantable, nuclear facilities, flight control systems, or other applications
in which the failure of such Products could result in personal injury, loss of life or catastrophic
property damage. This includes, but is not limited to, Class III medical devices as defined by the
US Food and Drug Administration (FDA) and Federal Aviation Administration (FAA) or other airworthiness
applications. If Customer uses or sells the Products for use in any such applications: (1) Customer
acknowledges that such use or sale is at Customer's sole risk; (2) Customer agrees that Mouser and
the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising
from such use; and (3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD MOUSER AND THE MANUFACTURER
OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES
AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
10. STATEMENTS AND ADVICE
If statements, opinions, or advice, technical or otherwise, are offered, or given to a Customer,
such statements, opinions, or advice will be deemed to be given as an accommodation to Customer and
without charge. Mouser shall have no responsibility or liability for the content, or use of such
statements or advice. Mouser Technical support is provided by telephone and, therefore, extremely
limited in scope which prevents us from the direct participation in the design of any Customer products.
We do not conduct product suitability studies or engineering reviews of products that we sell, nor for
the final product that a Customer produces.
11. NON-CANCELABLE/NON-RETURNABLE PRODUCTS
From time to time, Mouser will notify Customer of a product that is "NC/NR",
(Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale.
Customer understands that "NC/NR" products are obtained by Mouser from the manufacturer
specifically for the Customer. Irrespective of circumstances, the Customer agrees that "NC/NR"
products may not be cancelled, returned or rescheduled by the Customer without the agreement of
both Mouser's supplier and the written consent of Mouser Electronics. Any QML product purchased
from Mouser is Non-Cancelable/Non-Returnable. Products labeled as moisture sensitive or Electro-Static
Sensitive (ESD) are NC/NR if the packaging has been opened. All products purchased by Customers classified
by Mouser as Electronic Component Distributors or Brokers shall be deemed Non-Cancellable/Non-Returnable.
12. INTELLECTUAL PROPERTY
If an order includes software or other intellectual property, such software or other
intellectual property is provided by Mouser to Customer subject to the copyright and user
license, the terms and conditions of which are set forth in the license agreement accompanying
such software or other intellectual property. Nothing herein shall be construed to grant any
rights or license to use any software or other intellectual property in any manner or for any
purpose not expressly permitted by such license agreement. Unopened software may be returned for
credit. Opened software may not be returned unless defective.
13. FORCE MAJEURE
Mouser will not be liable for delays in delivery or for failure to perform its obligations due
to causes beyond its reasonable control including, but not limited to, product allocations,
material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of
God, acts or omissions of other parties, acts or omissions of civil or military authorities,
Government priorities, fires, strikes, floods, severe weather conditions, computer
interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Mouser's time for
delivery or performance will be extended by the period of such delay or Mouser may, at its
option, cancel any order or remaining part thereof, without liability by giving notice to
14. EXPORT CONTROL POLICY
Mouser is committed to compliance with all U.S., EU member state, UK and selected foreign export, import, customs and economic sanctions laws, regulations, rules and orders (collectively, "Trade Control Laws") to which products purchased from Mouser apply.
Mouser will not sell or ship to embargoed countries or individuals and entities who are restricted by a) the U.S. Treasury Office of Foreign Asset Control ("OFAC") list of Specially Designated Nationals, including entities that are owned 50% or more by such individuals or entities; b) the U.S. Commerce Department’s Bureau of Industry and Security ("BIS") Denied Persons List, Entity List, Unverified List, and Military End User list, or for military end use in China, Russia, Venezuela, Burma and Cambodia; and c) Department of State’s AECA Debarred List, among others. Mouser will not export Products prohibited by the Export Administration Regulations ("EAR").
Mouser’s policy prohibits exports of any product that requires an export license pursuant to the EAR or Department of State’s International Traffic in Arms Regulations ("ITAR"). Mouser participates in BIS Export Enforcement and OFAC transaction reporting. Mouser immediately report suspicious purchases to the proper authorities for investigation.
In light of the numerous sanctions imposed upon Russia and Belarus by governments and organizations around the world, Mouser will not ship any Products to Russia, the Donetsk and Luhansk regions of Ukraine, and Belarus.
14.1 Resale/Transfer/Re-Export of Products
Customer understands and acknowledges that all Products purchased from Mouser are subject to Trade Control Laws and shall only be resold, transferred, re-exported, or dispositioned in in any other way, in strict compliance with these laws.
Customer acknowledges Products purchased from Mouser shall may not be brokered transshipped, resold, transferred, re-exported, or dispositioned in in any other way to any company, entity, or person identified by BIS: BIS Parties of Concern and to countries, individuals or organizations identified by OFAC: Specially-Designated-Nationals-and-Blocked-Persons-list; and, Sanctions-programs-and-country-information including sanctions imposed on Iran, North Korea, Cuba, Syria, Venezuela, Sudan, Russia, the Crimea, Donetsk and Luhansk regions of Ukraine, and Belarus, among others.
Customer acknowledges that, before exporting or reexporting, any Product, the Customer is responsible for determining if the Product is controlled, prohibited or restricted for export or import and to obtain any license to export, re-export, or import as may be required by Trade Control Laws.
14.2 Export Classification Disclaimer
Any use made of Mouser classifications, whether it be ECCNs or any variation of Harmonized Tariff codes, is without recourse to Mouser and at the user’s risk. Export classifications are subject to change. If you export or re-export, your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by Mouser is for Mouser’s use only and shall not be construed as a representation, or warranty regarding the proper export classification nor relied upon to make licensing determinations.
The Terms and Conditions may not be modified or cancelled without Mouser's written agreement.
Accordingly, goods furnished and services rendered by Mouser are sold only on the terms and conditions
stated herein. The sale of Products hereunder will be governed by these Terms and Conditions,
notwithstanding contrary or additional terms and conditions in any purchase order, planning schedule,
acknowledgment, confirmation or any other form or document issued by either party affecting the purchase
and/or sale of Products. Notwithstanding any terms and conditions on Customer's order, the information and
conditions on the Credit Application are controlling over Customer and Mouser. Any conflicting statements
or terms listed on the Customer purchase orders, invoices, confirmations or other Customer generated
documents ("Customer Documents"), whether heretofore or hereafter submitted, are negated by
submission of the Credit Application and the issuance of credit by Mouser, and all different or additional
terms and conditions contained in any Customer Documents are hereby objected to by Mouser. Mouser's
performance of any contract is expressly made conditional on Customer's agreement to Mouser's Terms and
Conditions of Sale, unless otherwise specifically agreed upon in writing by Mouser. In the absence of such
agreement, commencement of performance and/or delivery shall be for Customer's convenience only and shall
not be deemed or construed to be acceptance of Customer's terms and conditions or any of them. If a contract
is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall
be deemed acceptance by Customer of the terms and conditions stated herein. No rights, duties, agreements
or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without
the prior written consent of Mouser. The obligations, rights, terms and conditions hereof will be binding
on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition
or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any
other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind
or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such
provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance
with the laws of the state of Texas and the applicable laws of the United States.
Please see our EMEA updated Standard Contractual Clauses