Sales Policies

Hours

Excepting holidays, representatives are available 8:00 AM to 4:00 PM Pacific Time to assist you with your order, technical, or account questions.

Payment Terms

Customer shall pay Linx Technologies in advance for all evaluation kits and orders for less than 1000 pieces of Product. Customer shall pay all other orders for Product without setoff or deduction upon receipt of Linx Technologies's invoice, unless prior credit approval has been granted. Linx Technologies may extend NET 30 terms on approved accounts. Please complete Linx Technologies's credit application for consideration of NET 30 terms. All prices quoted or charged shall be EXW Linx Technologies. Prices do not include sales, excise, use, or other taxes measured by the sales price of Product sold. Customer shall pay any and all such taxes.

Sponsorship/Donations

The primary market focus of Linx Technologies is volume OEM manufacturers. We recognize, however, that our products have broad application outside this target market. On occasion, Linx Technologies may receive requests for donations from charitable, scientific, or educational institutions. While Linx Technologies finds it appropriate to honor only a small percentage of these requests, each request is fairly considered in light of its scope and merit. If you have such a request please state in writing the institution you represent, the nature of your project, and the merit or value to Linx Technologies of participation. Address your correspondence to: Linx Technologies, Attention: Director of Marketing, 159 Ort Lane, Merlin, OR 97532.

Quantity Discounts

Linx Technologies may, in its discretion, extend quantity pricing discounts to Customers with accounts in good standing based on the amount of Product purchased in a six-month period with up to four Product release dates. In the event of rescheduling or partial cancellations, Linx Technologies will retroactively invoice Customer to reflect the discount attributable for the actual amount of Product accepted.

Delinquent Accounts

Any account more than 20 days in arrears will be placed on credit hold, and your accounting department contacted. Interest shall accrue on all past due amounts at the rate of 1.5% per month or the maximum allowed by law, whichever is less. Billing is a courtesy and we ask you to render payment promptly.

Lead Times

Linx Technologies attempts to maintain a shelf stock to buffer urgent small-quantity requirements; however, due to the popularity of the product and rapid stock fluctuations it is best to allow 8-10 weeks for volume deliveries. Actual lead times will be quoted at the time of sale. More urgent requirements are accommodated whenever possible.

Order Cancellations

Customer may cancel an order for standard Product at any time prior to shipment by Linx Technologies. If the cancellation affects a quantity discount extended for a blanket order, Customer will be billed retroactively for the difference between the quantity of Product ordered and quantity accepted. Cancellation of an order for custom Product at any time or standard Product after shipment is not permitted.

Changes

Linx Technologies realizes Customer's needs change rapidly and will attempt to accommodate requested changes to Customer's orders. Additional charges for requested changes may apply.

Delivery

Linx Technologies will deliver the Products by placing them with a carrier for delivery to Customer. Delivery dates are estimated only. In no event shall Linx Technologies be liable to Customer or any third parties for any damages of any kind, direct or indirect, in the event of delay of delivery.

Inspection and Acceptance

Customer shall promptly inspect and test all Products upon receipt. Customer shall be deemed to have accepted all Products unless Customer gives written notice of defective or non-conforming Products within 15 days after receipt. Customer's notice shall describe the defect or non-conformity of the Products. Repair or replacement of any Products Linx Technologies determines to be defective or non-conforming shall be in accordance with Linx Technologies's Limited Warranty and Exclusions and Customer's Remedies as provided for below.

Returns

All Product returned to Linx Technologies must be accompanied by a valid Return Merchandise Authorization Number ("RMA#"), which may be obtained by calling our Customer Service Department at (541) 471-6256. Products not bearing an RMA# will be returned at Customer's expense. Customer may return for refund or credit new, unused, non-defective, or conforming Products that were shipped within the prior 120 days subject to the following conditions:

a 15% restocking charge or
no restocking charge when the return is accompanied by a new order for Product that is at least twice the invoice amount (freight, insurance, and taxes excluded) of the returned Product.

Limited Warranty and Exclusions

Linx Technologies warrants that its Products will conform to Linx Technologies's current published specifications and be free of defects in materials and workmanship for 90 days from the date of purchase when used in accordance with the guidelines and parameters specified by Linx Technologies's documentation. Linx Technologies does not warrant against defects arising from improper design, application, or assembly practices, rework damage, exposure to moisture, impacts, excessive heat or cold, ESD, or overvoltage, or any other condition resulting from other than ordinary and appropriate usage. Linx Technologies does not warrant the suitability of its Products for any specific application by Customer. NONE OF Linx Technologies'S PRODUCTS ARE INTENDED FOR USE IN APPLICATIONS IN WHICH THE SAFETY OF LIFE OR PROPERTY IS AT RISK. Linx Technologies does not warrant any of its Products used in any application in which life or property is at risk.

Disclaimer of other Warranties

LINX TECHNOLOGIES AND ITS Linx Technologies DIVISION DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LINX TECHNOLOGIES BE LIABLE FOR ANY OF CUSTOMER'S INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST REVENUES, ARISING IN ANY WAY FROM ANY DEFECTIVE OR NON-CONFORMING PRODUCTS OR FOR ANY OTHER BREACH OF CONTRACT BY LINX TECHNOLOGIES. The limitations on Linx Technologies's liability is applicable to any and all claims or theories of recovery asserted by Customer, including, without limitation, breach of contract, breach of warranty, strict liability, or negligence. Customer assumes all liability (including, without limitation, liability for injury to person or property, economic loss, or business interruption) for all claims, including claims from third parties, arising from the use of the Products.

Customer's Remedies

In the event warranty service is required, an RMA# must be obtained from Linx Technologies prior to return. Linx Technologies will carefully assess Customer's returned Product. If it is found to qualify for warranty status, Linx Technologies will, at its election, repair or replace the Product without charge (excluding inbound shipping), or refund the original purchase price paid.

Limitations on Customer Remedies

IN NO EVENT SHALL LINX TECHNOLOGIES BE LIABLE FOR ANY OF CUSTOMER'S INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST REVENUES, ARISING IN ANY WAY FROM ANY DEFECTIVE OR NON-CONFORMING PRODUCTS OR FOR ANY OTHER BREACH OF CONTRACT BY LINX TECHNOLOGIES. The limitations on Linx Technologies and Linx Technologies's liability is applicable to any and all claims or theories of recovery asserted by Customer, including, without limitation, breach of contract, breach of warranty, strict liability, or negligence. Customer assumes all liability (including, without limitation, liability for injury to person or property, economic loss, or business interruption) for all claims, including claims from third parties, arising from the use of the Products.

Limitations on Time to Bring Action

Any action by Customer against Linx Technologies and/or Linx Technologies must be commenced by the Customer within one year after the cause of action has accrued.

Linx Technologies's Remedies

Upon default by Customer, Linx Technologies and Linx Technologies shall have all the remedies afforded a seller of goods at law or in equity, including, without limitation, the right to (a) immediately accelerate all amounts due from Customer, (b) suspend shipment of all Products ordered, and (c) cancel all orders for Products.

Indemnity

Customer will indemnify, defend, protect, and hold harmless Linx Technologies and Linx Technologies from and against all claims, damages, actions, suits, proceedings, demands, assessments, adjustments, costs, and expenses incurred by Linx Technologies as a result of or arising from any Products sold by Linx Technologies to Customer.

Agency Approval/Certification

The purchaser understands that approvals may be required by the FCC or other agencies worldwide. IT IS THE SOLE RESPONSIBILITY OF CUSTOMER TO VERIFY THE APPROPRIATENESS OF THE PRODUCTS FOR EACH INDIVIDUAL APPLICATION AND OBTAIN ANY REQUIRED PERMIT, CERTIFICATION, OR OTHER NECESSARY APPROVAL.

Proprietary Information

Linx Technologies's Products may contain proprietary, patented, or copyrighted techniques, components, or materials. Under no circumstances shall any Customer have any right, title, or interest in any of Linx Technologies's proprietary information.

Delays and Force Majeure

Linx Technologies shall not be in default for any delay in performance or delivery caused by circumstances beyond its reasonable control, including, but not limited to, an act of God, fires, floods, wars, terror, government actions, accidents, labor troubles, labor shortages, unavailability of materials, unavailability of equipment, or unavailability of transportation ("Force Majeure Event"). Linx Technologies and Linx Technologies may, without liability to Customer, suspend or cancel its performance upon the occurrence of any Force Majeure Event without liability to Customer.

Complete Agreement

These Terms and Conditions may be changed only by a written document executed by a duly authorized officer of Linx Technologies and the Customer. Any order, acknowledgment, or other form of acceptance issued by Customer that modifies, conflicts with, or contradicts any provision of these Terms and Conditions is objected to and rejected by Linx Technologies.

Choice of Law

The parties' agreement shall be governed by the laws of the State of Oregon. For international sales, the laws of the State of Oregon, and not the United Nations Convention on Contracts for the International Sales of Goods, shall apply.

Arbitration and Attorney Fees

Any and all claims arising under these Terms and Conditions, or arising in any way from the sale or use of the Products, or otherwise, shall be resolved by binding, mandatory arbitration under the authority of the Arbitration Service of Portland before a panel of three arbitrators. The arbitration shall be conducted in Portland, OR. The prevailing party in the arbitration shall be entitled to an award of attorney fees and all other costs of arbitration against the non-prevailing party.