Trademarks:

Terms and Conditions of Sale

GENERAL: Circuitsville Engineering LLC (hereinafter referred to as "Circuitsville" or "SELLER") and Customer (hereinafter referred to as "BUYER") agree that all sales by SELLER on any merchandise (hereinafter referred to as "GOODS" or "PRODUCTS") to the BUYER shall be governed by the following terms and conditions (hereinafter referred to as "AGREEMENT"). Any additional or different terms or conditions proposed by the BUYER are hereby rejected entirely except for the terms that are identical with those stated in SELLERs invoice, written acknowledgment and this AGREEMENT. This AGREEMENT may not be changed, modified, or amended, except in writing signed by an authorized representative of SELLER. BUYER shall not assign this AGREEMENT, any interest therein, or any rights thereunder without written prior consent by an authorized representative of SELLER. SELLER is not responsible for typographical errors. SELLER reserves the right to change these Term and Conditions for future product sales.

PRICE AND CURRENCY: Unless otherwise stated, all prices quoted by SELLER are based on U.S. dollars and are subject to change without prior notice.

PAYMENT: Unless otherwise agreed, terms are PRE-PAYMENT using a credit card from a United States based bank, a bank check, or a PayPal funds transfer received prior to shipment of GOODS. BUYER agrees to pay the total purchase price including shipping and handling, and any sales taxes arising from the use of the product(s). Since Oregon is a NO SALES TAX state, no Oregon Sales Tax will be charged. SELLER is not able to provide any form of Sales Tax Waiver Certificate or equivalent document.

If SELLER agrees in advance to accept an order for products or services based on a purchase order from the BUYER and bills with an Invoice to the BUYER on delivery, the Invoice becomes past due the day after the terms stated on the Invoice which unless changed will be NET PAYMENT DUE TO THE SELLER 30 DAYS AFTER RECEIPT of product or services. A service charge of two percent (2.0%) per month, not to exceed the maximum rate allowed by law, shall be made on any portion of BUYERs outstanding balance which is not paid within 30 DAYS after the DUE DATE. If BUYER fails to fulfill its payment obligation, then SELLER may withhold deliveries and suspend performance, including but not limited to warranty performance. As security for payment of any sum due under any AGREEMENT between BUYER and SELLER, SELLER shall have the right to retain possession of, and shall have a security interest in, all BUYERs property in its possession and shall have a purchase money security interest and right of possession in GOODS already shipped. BUYER agrees to execute any financing statements or provide any documents to SELLER to protect security interest. If SELLER brings any legal action to enforce this AGREEMENT, SELLER shall be entitled to recover all reasonable costs and expenses incurred, including but not limited to attorneys fees, suit fees, court and/or arbitration costs from the BUYER. SELLER reserves the right to suspend or terminate any credit term granted to BUYER. The BUYER as per Federal and Oregon law shall pay all costs related to the collection of payment.

DELIVERY: All availability is subject to change without prior notice. If SELLER is unable to ship PRE-PAID products within 5 business days, SELLER will notify BUYER with estimated shipment date. BUYER will have option to cancel order and receive a full dollar amount refund. Unless otherwise agreed in writing, SELLER shall deliver GOODS to BUYER F.O.B. origin.

RISK OF TRANSPORTATION LOSS OR DAMAGE: The risk of loss and/or damage passes to BUYER upon delivery of GOODS to the carrier. The normal Terms of Sale include full insurance for the product for risk of transportation loss or damage included in the purchase price plus shipping and handling charges. BUYER is responsible for checking the completeness of product immediately upon receipt. Shortages, missing parts or errors must be claimed by BUYER within two (2) working days after receipt of GOODS, otherwise delivery is deemed complete. BUYER shall give SELLER further reasonable time to cure any errors discovered within the above mentioned two (2) working days.

ADDRESS FOR Circuitsville Engineering LLC: Written communications, payments and returned materials should be directed to:

Circuitsville Engineering LLC
6107 SW Murray Blvd. Suite 429
Beaverton, Oregon 97008-4467

LIMITED OTHER MANUFACTURERS WARRANTY: SELLER makes no warranty of fitness for a particular purpose or merchantability for products or services from other manufacturers or vendors.

FORCE MAJEURE: In the event that SELLERs performance is prevented or delayed by strikes, riots, lockouts, war, embargoes or exceptional impediments to transportation, earthquake, fire, action by Federal, State or local government or authority, action by foreign powers, terrorist actions, perceived or actual threats of terrorist actions, acts of God, reduction of sources or supply or any cause or circumstances, not limited to the above, which is beyond the SELLERs reasonable control, SELLER shall not be held liable for the consequences thereof and the obligation to make delivery or perform warranty service shall be suspended while the causes are in effect until a reasonable period of time following the resumption of work after termination of the cause(s). The forgoing shall apply even though one or more of the causes exist at the time of the order or occur after SELLERs performance of its obligations is delayed for other causes.

LAW AND JURISDICTION: This AGREEMENT shall be construed and governed by the laws of the State of Oregon and the United States of America. If any provision of this AGREEMENT is invalid, then all valid parts severable from the invalid part remain in effect. BUYER hereby irrevocably submits to the jurisdiction of any state or federal court within the County of Washington, Oregon. BUYER agrees to the venue of said court and that any dispute or legal action arising from this AGREEMENT shall solely be entertained in such courts. BUYER further agrees to (i) service of process by certified or registered mail or by any manner permitted by law, (ii) irrevocably waive the defense of inconvenient forum and (iii) irrevocably waive trial by jury.

©Copyright 2006 - 2011 Circuitsville Engineering,
revised 27 October 2011