Terms and Conditions of Sale

1. Orders, Prices and Terms of Payment

All orders received are subject to acceptance by IHI Electronics at its Lake Forest, California location. All orders received are noncancellable nonreturnable (NCNR) unless otherwise stated in writing. All published prices are subject to change without notice, and all shipments will be C.O.D. unless suggested otherwise on the invoice. IHI Electronics is not responsible for any typographical errors. Past due accounts carry interest at the maximum legal rate in the jurisdiction in which the Customer's principal place of business is located.

2. Taxes

IHI Electronics' prices do not include, and the Customer shall be responsible for and agrees to pay, all sales, use, excise , tariffs , and similar taxes, if any, however designated, levied or based, applicable to the sale.

3. Shipment and Delivery

Delivery will be made F.O.B. IHI Electronics' facility in Lake Forest, California,. Delivery to a common carrier constitutes delivery to the customer. Any discrepancies must be reported to the common carrier. All freight and delivery charges are in addition to the purchase price and shall be paid by the Customer. Any noticeable damage to the shipment must be noted in writing before acceptance. All claims for shortage, damage or shipment errors must be made in writing to IHI Electronics within three (3) days after receipt of shipment. IHI Electronics will use its best reasonable efforts to meet any estimated delivery date but is not liable for any delays whatsoever. Legal title to the products and goods furnished on this Packing List is reserved by IHI Electronics as security for payment and shall pass to the Customer when payment has been made in full. Any and all export declarations, licensees, and or requirements are the sole responsibility of the customer. The customer additionally agrees and warrants that they have obtained any and all export declarations, licensees, and or requirements necessary to complete this transaction in accordance with all of laws of the United States of America.

4. Returns

Written approval for ANY return must first be obtained from IHI Electronics. No return of products will be accepted by IHI Electronics without a Return Material Authorization Number (RMA #), which will be issued at IHI Electronics' discretion, and must be referred to in the documents accompanying any returned products and must be indicated on the outside of the boxes. Returned products must be in original condition as received by the Customer, and must be returned to IHI Electronics freight prepaid. Any alterations to products will void IHI Electronics' limited warranty with respect thereto. A 25% restocking fee or portion thereof may be applied to any products authorized for any return. RMA's must NOT be shipped back to IHI C.O.D. In such cases, IHI Electronics reserves the right to refuse such shipments.

5. Limited Warranty and Disclaimers

IHI Electronics does not Warranty any of the products it sells to be year 2000 Compliant.

IHI Electronics warrants that all new products will meet original manufacturer's electrical specifications for thirty (30) days from and after delivery. This warranty is void if any marking or label is removed, defaced, or otherwise tampered with on products or packaging. All claims for breach of this warranty shall be subject, at IHI Electronics' election, to submission of the product in question to test by an independent test laboratory, whose findings shall be final, binding and conclusive. IHI Electronics does not warrant in any way non new, used products, whether sold loose or on circuit boards or otherwise, and all such sales are "AS IS".

IHI Electronics' liability and the Customer's sole and exclusive remedy under any warranty issued by IHI

Electronics hereunder is limited, at IHI Electronics' election, to: (1) refund of IHI Electronics' Customer's purchase price for said products, without interest; (2) repair of such products; or (3) replacement of such products, provided however, that such products as IHI Electronics elects to replace must be returned to IHI Electronics by Customer, along with acceptable evidence of purchase, within thirty (30) days from date of delivery, freight prepaid.

Except specifically as provided herein, IHI Electronics makes no other warranty, expressed or implied, including (but not limited to) any implied warranties of merchantability and/or suitability or fitness for a particular use or purpose or respecting infringement of any patent, trademark, copyright or other right.

IHI Electronics' responsibility for losses or liabilities arising out of or related to the products being sold hereunder shall not exceed the purchase price thereof. In no event, whether as a result of breach of contract, warranty, tort, (including negligence), or otherwise, shall the customer be entitled to or IHI Electronics be liable for any indirect, special, consequential, incidental or punitive damages, including but not limited to loss of profit or revenues, loss of use of the product or any associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of third persons who buy from or deal with the Customer for such damages.

IHI Electronics is not associated with any semiconductor manufacturer. No semiconductor manufacturer provides any warranty or assumes any warranty responsibility for any products sold by IHI Electronics. All products sold by IHI Electronics may be returned only to IHI Electronics regardless of the manufacturer of such products for warranty claims.

RoHS Compliance

ANY STATEMENT AS TO PRODUCT COMPLIANCE WITH APPLICABLE LAW (INCLUDING WITHOUT LIMITATION, THAT PRODUCTS ARE RoHS COMPLIANT) IS EITHER: PROVIDED TO IHI ELECTRONICS, INC BY ITS SUPPLIERS, OR (DERIVED FROM DATA AVAILABLE FROM THE MANUFACTURER, AND IHI ELECTRONICS, INC DOES NOT WARRANT ITS ACCURACY AND WILL NOT BE LIABLE FOR ANY ERROR WITH REGARD TO SUCH INFORMATION. CUSTOMER USES SUCH INFORMATION AT ITS OWN RISK.

6. Acceptance

IHI Electronics is not bound by any printed matter on the Customer's acceptance form or purchase orders which impose terms or conditions which vary from the terms and conditions herein provided, and Customer's issuance of an order in response to IHI Electronics' quotation shall be deemed an acceptance of the Terms and Conditions of Sale herein contained.

7. Terms and Conditions

These terms and conditions may be changed only by IHI Electronic in writing and, signed by authorized individuals. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California. In the event legal action is brought forth to enforce any of the terms hereof, or to obtain payment for the products furnished on this Packing List, the Customer shall be responsible for reasonable costs of collection incurred by IHI Electronics, including but not limited to reasonable attorney's and all legal fees.

WARNING! THESE DEVICES ORIGIN ARE NOT CERTIFIED AND MAY NOT BE USED IN ANY PRODUCT OR APPLICATION IN WHICH HUMAN LIFE OR PERSONAL INJURY MAY BE AT RISK, INCLUDING BUT NOT LIMITED TO, ANY TYPE OF LIFE SUPPORT OR MEDICAL EQUIPMENT OR OTHER MEDICAL USES, ANY TYPE OF AIRCRAFT, FLIGHT OR OTHER TRANSPORTATION EQUIPMENT, OR DEFENSE, OR NUCLEAR, OR ANY OTHER HIGH RISK APPLICATIONS.

** These terms and conditions are subject to change without notice.

080101