These Standard Terms and Conditions of Sale (“Terms and Conditions”) apply to the Products listed on the Quote Sheet, Packing Slip or Invoice received by the Customer (the “Order”) from ECM.

    By placing an Order, Customer creates a binding contract with ECM and accepts these Terms and Conditions. Any other terms and conditions contained in any purchase order or other document issued by Customer are null and void and any prior course of dealing between ECM and the Customer or usage of trade will not be relevant in determining the meaning of these Terms and Conditions. No variation to these Terms and Conditions shall apply unless contained in a document signed by ECM's President.

    Customer shall pay ECM in US dollars within 12 days of delivery (or on such other terms as stated on the Order) the total purchase price plus all applicable freight, sales, use, products and service, and other similar taxes or charges, custom duties, and value added tax based upon the location(s) to which the Order is shipped. ECM reserves the right to separately ship part of an Order. Customer agrees to accept delivery of Products unless it does not conform to the Order. Customer agrees to pay interest on all past due sums at the highest rate allowed by law or one and one-half percent , whichever is lower. On past due accounts, Customer will be responsible for ECM's cost of collection including attorneys fees, filing fees and court costs.

    Quotations are valid for thirty (30) days or such period of time specified on the Quote Sheet. Customer shall be entitled to cancel an Order, unless Quote Sheet, Invoice, or Packing Slip includes language otherwise, in whole or in part up to two (2) weeks prior to the estimated shipping date on all Optical Transceivers, Optical Passives, cables, Optical RF products. Unless the cancellation notice is timely received by ECM, ECM shall be entitled to a payment equivalent to 50% (fifty percent) of the value of the cancelled Order. The Order may not be cancelled after shipment, but Products may be returned under the policies listed below.

    ECM shall not be liable for failure of the delivery service to make on time delivery. Customer assumes all risk of loss or damage to Products following delivery.  Title to merchandise does not transfer until payment in full is received by ECM. Prior to that time, Customer shall not remove, sell, pledge or mortgage the merchandise without the prior written consent of ECM. This Order or any of the rights or obligations hereunder may not be assigned by Customer without prior written consent of ECM.

    Return privileges vary by manufacturer and C1 must approve all returns for any reason. Follow ECM’s instruction of RMA. Optical Transceivers, Optical Passives, cables, Optical RF products may be returned within thirty (30) days of shipment, unless otherwise stated on the Quote Sheet, Packing Slip or Invoice. In the case of all approved returns, Customer must ship the product(s) at Customer’s risk and expense to ECM in the original packaging, prepaid and insured, with the RMA number clearly marked on the packaging. DATED PROOF OF PURCHASE MUST BE PROVIDED WITH THE RETURNED EQUIPMENT. Replacement parts may be refurbished or repaired. When ECM rejects a warranty claim ECM will notify the Customer and reserves the right to charge Customer for parts and labor at then current rates. ECM may charge a restocking fee of up to 100% of the value of the goods for unauthorized returns. Any product(s) returned to ECM shall become ECM’s property.

    This warranty applies only to the following ECM Products under normal use: Optical Transceivers, Optical Passives, cables, Optical RF products. ECM warrants to the original Customer only (not any lessees, transferees or assignees) that the following products, will be free from defects in material and workmanship for the stated time periods beginning with the date of purchase: optical transceivers, optical RF products, 2 years. This warranty applies only to ECM Products and excludes any software incorporated therein. In the event that ECM receives returned ECM Products with defects in material or workmanship, it will, at its option, repair or replace the ECM Products to whatever extent it deems necessary to restore the ECM Products to proper operating condition, or provide a credit or refund of the purchase price or fair market value, whichever is lower. Replacement parts may be refurbished or repaired. All material and labor required for such a restoration will be provided at no charge when a ECM Product with material or workmanship defects is properly returned within the applicable warranty period under the procedure described herein. Not covered under the warranties are: failures due to accident, misuse, abuse, neglect, improper installation, product modification, or unauthorized repair or attempted repair, or shipping damage. Customer expressly understands and agrees that ECM does not warrant that any product is free of claims of patent infringement by any third party. ECM hereby disclaims any such warranty or indemnification against patent infringement. Customer acknowledges that it is not authorized on behalf of ECM to make any other warranties or representations not expressly set forth herein on behalf of ECM concerning any ECM Products.

    Except as expressly provided herein, all warranties, conditions, representations, and guarantees with respect to the equipment, whether express or implied, arising by law, custom, prior oral or written statements by ECM, its licensors or representatives, or otherwise (including, but not limited to any warranty of merchantability or fitness for particular purpose and conformity to models or samples, or warranty of non-infringement) are hereby overridden, excluded, and disclaimed.

    Neither party shall be liable for the failure to perform any of its obligations under these Terms and Conditions if such failure is caused by the occurrence of any act of force majeure or any other contingency beyond its reasonable control.