Newlight Photonics strives to provide accurate descriptions of the Product that may meet Buyer's needs based on the information available to Newlight Photonics. However, Buyer is expected to verify by themselves the suitability of the Product for the intended applications. Once accepted, orders are not subject to cancellation without a written consent from Newlight Photonics. A cancellation fee of 25%-100% may apply depending on the stage of the production.
Newlight Photonics warrants that all Product shall be free from defects in materials and workmanship for a period of six (6) months from the date of receipt, and reserves the right to repair or replace the defective Product at its option. This warranty does not apply to failure of the Product due to misuse, abuse, accident, or neglect. A Return Material Authorization (RMA) must be obtained from Newlight Photonics before any Product can be returned. Buyer is responsible for return shipping to Newlight Photonics.
Newlight Photonics does not give any implied warranties of fitness for a particular purpose in connection with the sale of any of its Product.
Wrong Product, wrong quantity of Products, Product damage, or Product shortages must be reported (with digital photos, if available) to Newlight Photonics within five (5) business days from the date of receipt. No claims will be honored after five (5) business days.
3. Limitation on Liability
Newlight Photonics makes no representation with respect to the safety, efficacy, accuracy, reliability, use, or fitness for incorporating the Product into any instrument or device. To the extent so incorporated into any instrument or device, Buyer agrees to indemnify and hold Newlight Photonics harmless from any claims, suits, liabilities, losses, damages, expenses (including reasonable attorneys’ and experts’ fees and expenses) and costs arising from or relating to any defects in and/or the use of such integrated product, and/or the failure of such integrated product to comply with any applicable laws or regulations. Newlight Photonics' sole obligation, and Buyer's exclusive remedy for any defective Product, shall be limited, at Newlight Photonics option, to (1) repairing, free of charge for materials or labor, or (2) replacing, free of charge for materials or labor, or (3) refund of the paid purchase price of, any Product which is proved not in compliance with the specifications of the Product published on the Product website or included in the formal quotation provided to Buyer.
The invoice amount includes the price of the Product, the shipping/handling costs, and the taxes (applicable to Canadian Buyer only). Approved Buyer will receive payment terms of net thirty (30) days. New Buyer terms will require payment in advance (PIA) until credit information is verified and approved by Newlight Photonics. Newlight Photonics accepts payments by wire transfer, certified checks, secure online payment, and Visa/Mastercard credit cards (Credit Card Order Form).
5. Customs and Import Taxes
If the Product shall be shipped outside of Canada, the Government of the destined country may impose taxes/duties on the import. These costs are not included in the amount charged to Buyer and remain the responsibility of Buyer.
All Product shall be delivered FCA, Toronto, Canada (Incoterms 2010) unless otherwise specified in the formal quotation or the official purchase order. Title to and risk of loss or damage to all or any portion of the Product shall pass to Buyer upon tender of the Product for delivery at the point of shipment. All delivery times are best estimates only. Newlight Photonics strives to meet Buyer's delivery requirements, however, in no event shall Newlight Photonics be liable for any delay in delivery or assume any liability in connection with shipment.