Newlight Photonics strives to provide accurate descriptions of Products 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 Products 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 Products are free from defects in materials and workmanship for a period of six (6) months, and reserves the right to repair or replace the defective products at its option. This warranty does not apply to failure of the products due to misuse, abuse, accident, or neglect. A Return Material Authorization (RMA) must be obtained from Newlight Photonics before any materials can be returned. Buyer is responsible for the return shipping charges.
Newlight Photonics does not give any implied warranties of fitness for a particular purpose in connection with the sale of any of its Products.
Wrong Products or wrong quantity of Products, product damage, and product shortages must be reported (with digital photos, if available) to Newlight Photonics within five (5) business days from delivery. No claims will be honored after five (5) days.
3. Limitation on Liability
Newlight Photonics makes no representation with respect to the safety, efficacy, accuracy, reliability, use, or fitness for incorporating its Products 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 to either repairing or replacing, free of charge for materials or labor, any Product which is proved not in compliance with the published specifications of the Product.
The invoice amount includes the price of the items, the shipping/handling fees, and the taxes (applicable to Canadian customers only). Approved Buyer will receive payment terms of net thirty (30) days. New customer terms will require prepayment until credit information is verified and approved by Newlight Photonics. Newlight Photonics accepts payments by wire transfer, certified checks, secure online payment and Visa/Master credit cards (Credit Card Order Form).
5. Customs and Import Taxes
If Products are to 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 the Buyer.
All Products are to be delivered FCA, Toronto, Canada (Incoterms 2010) unless otherwise specified in the quote. 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 based on best estimates only. Newlight Photonics strives to meet the 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.