General Conditions of Order

Products sold by Fitzhugh & Waggoner, Inc. are not authorized for use as critical components that are used for nuclear facilities applications, human implantable devices, life support systems, or weapons systems. Any attempt to purchase any Fitzhugh & Waggoner, Inc. product for that purpose is null and void and Fitzhugh & Waggoner, Inc. accepts no liability whatsoever in contract, tort or otherwise whether or not resulting from our or our employees' negligence or failure to detect an improper purchase.

All orders, regardless of how they are placed, submitted through the Fitzhugh & Waggoner, Inc. Web site or through its printed catalog are specifically subject to all the terms and conditions contained herein. No change, alteration, deletion or modification of any of these terms and conditions is permitted. No person is authorized to accept, confirm or vary these terms and conditions including all representations and warranties unless they have been posted on this Web site. All terms are specifically and exclusively subject to interpretation under the US Uniform Commercial Code and all claims or disputes shall be interpreted according to Oregon law and subject to jurisdiction in Oregon state or federal courts at the exclusion of any other choice of law or choice of jurisdiction, including the UN convention on CISG.

Orders placed on forms deviating from these terms and conditions will not be accepted.

Use of Software

The Software is licensed to you and not sold. Seller grants to you a personal, nonexclusive, nontransferable, nonsublicensable license to use the Software in accordance with documentation supplied by Seller. Seller retains all ownership rights to the Software. You agree to use the Software only as set forth in the Software’s documentation, and you will not reproduce or modify the Software or any portion thereof except as permitted under such documentation. You shall not rent, sell, lease or otherwise transfer the Software or any part thereof or use it for the benefit of a third party. You shall not reverse assemble, reverse compile or reverse engineer the Software, or otherwise attempt to discover any Software source code.

Intellectual Property Rights

You hereby acknowledge that Seller and/or its licensors own and retain all intellectual property rights to the products. This Order does not constitute a sale, transfer or license under any of Seller's intellectual property rights except as expressly provided herein.

Product Liability

Fitzhugh & Waggoner, Inc.'s sole obligation for products that prove to be defective within 90 days of purchase will be for replacement or refund. Fitzhugh & Waggoner, Inc. gives no warranty, either expressed or implied, and specifically disclaims all other warranties, including warranties for merchantability and fitness. In no event shall Fitzhugh & Waggoner, Inc.'s liability exceed the buyer's purchase price, nor shall Fitzhugh & Waggoner, Inc. be liable for any indirect or consequential damages.

This warranty does not apply to products which have been subject to misuse (including static discharge), neglect, accident or modification, or which have been soldered or altered during assembly and are not capable of being tested.

Infringement Disclaimer

Notwithstanding section 2-312 of any applicable version of the Uniform Commercial Code or any other similar law, or any purchase order term, other contractual provision or the like from the buyer, Fitzhugh & Waggoner, Inc.: (i) expressly disclaims any and all warranties against third party claims for infringement or the like, and (ii) shall have no obligation of any kind to the buyer for claims brought by third parties against the buyer for infringement or the like arising out of or in any way related to product purchased by the buyer from Fitzhugh & Waggoner, Inc..

How to Order

By Telephone: 541-343-5227

Our sales representatives are available to serve you from Monday through Friday, 7:00am to 5:30pm PT (Pacific Time). For most efficient service, please have ready a list of quantities and part numbers and, if paying by credit card, your MasterCard, VISA, American Express or Discover card.

By Internet: Order Online

Order online 24 hours a day, 7 days a week, 365 days a year. Internet orders entered after 3:00pm PT will be promptly processed the next business day.

By Mail: Send Your Orders To:

Fitzhugh & Waggoner, Inc.

1051 W. 11th Ave.

Eugene, OR 97402-4715

International customers please see International Orders for additional information .

Prices/Quantities

Fitzhugh & Waggoner, Inc. makes every effort to present current and accurate pricing in its catalog and on its Web site. However, prices are subject to change without notice and quantities may be limited. All orders are subject to current pricing at time of acceptance by Fitzhugh & Waggoner, Inc.

Shipment

Fitzhugh & Waggoner, Inc.'s facility is open and staffed Monday through Friday 7:30am to 6:00pm Pacific Time (subject to holidays). Orders are shipped only on these business days. Orders and correspondence received on Saturday and Sunday will be processed on the following Monday and included in that day's business.

Fitzhugh & Waggoner, Inc.'s Cut-off times for Same-Day Shipment, Monday - Friday, are as follows:

• Orders entered by 3:00pm PT - All USPS options (Express Mail, delayed 1 day)
  
• Orders entered by 2:00pm PT - FedEx ground
  
• Orders entered by 2:00pm PT - All UPS air and surface options; All FedEx air options
  
  

Shipping Charges

Shipping or freight charges and insurance will be paid by the customer. All sales are made FOB Eugene, OR USA. Shipping or freight charges from Fitzhugh & Waggoner, Inc.'s facility in Eugene, OR are prepaid and added to the invoice, billed collect or billed to a 3rd party.

Handling Charge

A $5.00 handling charge applies to all orders less than $100.00.

A $6.00 processing fee will be applied to all International orders, excluding Canada.

Sales Tax

Oregon has no sales tax. Fitzhugh & Waggoner, Inc. does not remit sales tax to any state or country. Any sales tax due is the responsibility of the customer.

Payment

Fitzhugh & Waggoner, Inc. offers a number of convenient payment methods:

• For United States customers: We offer check, money order, MasterCard, VISA, American Express, Discover, and C.O.D.
  
• For Canadian customers: We offer all of the above payment options except C.O.D.
  
• For International customers: See International Orders.
  
• Comercial Accounts: Commercial open credit accounts are not available at this time.
  
  

Dishonored Check Policy

If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $25.00 as a service charge (if the check cannot be redeposited) pursuant to Oregon Statutes. In addition, you agree to pay any other reasonable charges imposed by any check verification company or collection agency that we may use for collection.

Out of Stock

On orders paid by check, money order or credit card, items not available for immediate shipment will be shipped as they become available. Items not available at the end of 30 days will be cancelled and refunded/credited in cases of prepayment. The number of backorder days may be extended beyond 30 days at customer's request. If a refund check is issued, the cancelled item can be re-entered without a handling charge if the check and cancellation notice is returned to us.

International Orders

In addition to the United States and its territories, Fitzhugh & Waggoner, Inc. accepts international orders. All orders of international origin are exported from the US in accordance with the Export Administration Regulations. Diversion contrary to US Law is prohibited. An additional handling charge of $6.00 will be included for processing and invoicing. All duties and taxes will be the responsibility of the customer.

Payment options for International customers: MasterCard, VISA, American Express, Discover, or cashier's check in US funds. We cannot accept personal checks or certified personal checks. Money orders can result in significant delays. Use of Letters of Credit must be approved in advance by Fitzhugh & Waggoner, Inc.'s Accounting Department.

Customer Service

Voice: 1-541-343-5227 (US & Canada)

Internet: Customer Service Internet Contact Forms

Mail: Fitzhugh & Waggoner, Inc. • Attn: Customer Service • Eugene, OR 97402-4715

Please have your sales order or invoice number available when you call.

Freight Damage

If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a Fitzhugh & Waggoner, Inc. Customer Service representative immediately to initiate a claim. (See Customer Service)

Return Policy

Fitzhugh & Waggoner, Inc. accepts merchandise returns subject to the terms outlined below and will replace the product or refund your money at your option.

To facilitate processing of returned merchandise:

• Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product. See Customer Service for contact information.
  
• All returns should be made within 30 days of date of invoice and be accompanied by the original invoice number and a brief explanation of the reason for the return.
  
• Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
  
• Returned merchandise must be in saleable condition.
  
• Parts returned due to customer error may be subject to a 15% restocking charge. Parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.
  
• Defective merchandise may be returned within 90 days of the original invoice date and need not be in original packaging.
  

Returns

Please e-mail sales@fnwinc.com to obtain a Return Material Authorization (RMA). RMAs are normally accepted when completed within 30 days from date of shipment (90 days if product is defective).

All returns must be shipped to:

Fitzhugh & Waggoner, Inc.

1051 W. 11th Ave.

Eugene, OR 97402-4715

Updated 13 November 2003