SBA Certified 8(a) MBE/DBE
Certified SBE, MBE/DBE

Terms and Conditions of Sale

1. Deliveries and Shortages. All sales are F.O.B. manufacturer for drop shipments or Chino, California USA unless otherwise specified in the form of a written and signed quotation. All freight cartage and handling charges will be paid by Buyer. Claims for shortages will not be considered unless written notice is received by JM Fiber Optics, Inc. within 30 days from the date when products leave point of manufacture.
2. Excusable Delays. If JM Fiber Optics, Inc shall be delayed or prevented from delivering any product on the date promised due to any cause beyond its reasonable control, such delay shall be postponed for such period as may be necessary to enable JM Fiber Optics, Inc. to deliver after the cause of delay has been removed.
3. Payments and Security Interest.
A. The prices specified are in US currency, free of all expenses to JM Fiber Optics for collection charges. If shipment is delayed at Buyer's request, payment shall become due and payable when JM Fiber Optics notifies the Buyer that the products are ready for shipment. It is agreed that storage will be at the Buyer's risk with reasonable compensation to JM Fiber Optics for such storage and re-handling.
B. Payment shall be made in cash, cashiers check, money order, credit card (MasterCard, Visa, American Express or Government) or Irrevocable Letter of Credit (for customers outside the USA only) prior to shipment or subject in each instance to approval of credit by JM Fiber Optics' credit department, within 30 days from date of invoice. All delinquent amounts will bear interest at the rate of 1.5% per month on the unpaid balance. JM Fiber Optics may, in its sole discretion, at any time change or withdraw any credit terms previously extended to Buyer. In the event Buyer fails to make any payment when due and JM Fiber Optics places the account with an attorney for collection, Buyer agrees to pay all costs of collection including reasonable attorney's fees.
C. In the event that any indebtedness owed by Buyer to JM Fiber Optics shall be past due, JM Fiber Optics may, at its option and in addition to any other rights it may have, suspend further shipment until all such indebtedness has been paid. After shipment, all products shall be at the risk and expense of the Buyer as to loss, destruction, damage, taxes and charges of every kind.
D. Buyer specifically agrees that JM Fiber Optics shall have, and Buyer hereby grants JM Fiber Optics, a security interest under the Uniform Commercial Code in all products covered by this Agreement as soon as each product has been shipped to Buyer. Buyer will pay all costs of filing any financing, continuation, or termination statements in all public offices in which filing is deemed by JM Fiber Optics to be necessary or desirable. JM Fiber Optics is hereby appointed Buyer's attorney-in fact to do so, at JM Fiber Optics' option and at Buyer's expense, all acts and things which JM Fiber Optics may deem necessary to perfect and continue perfected the security interest created hereby so that it constitutes a valid and enforceable first priority security interest in and to such product(s).
4. Taxes and Duties. Buyer shall pay in addition, to the purchase price of any product , amounts equal to any tariff, duties and/or sales or use tax or any tax in lieu thereof imposed by any government or governmental agency with respect to the sale of such product(s).
5. Inspection Charges. Prices do not include charges connected with inspection by outside individuals or agents which is performed at the request of Buyer, unless otherwise indicated herein.
6. Evidence of Product's Condition. Upon delivery of any products to a common carrier, a clean bill of lading or express receipt shall serve as conclusive evidence of the good condition of such products. Buyer shall make no claim against JM Fiber Optics for any damage to the products unless such damage was the direct result of JM Fiber Optics' negligence.
7. Carrier to be Agent Buyer. Whenever JM Fiber Optics shall deliver or cause to be delivered to a common carrier any products covered by this Agreement, whether the particular common carrier shall have been designated by Buyer or not, JM Fiber Optics shall be relieved of all responsibility for any delays or damages in shipment and the common carrier to which JM Fiber Optics shall deliver such products is hereby declared to be the agent of the Buyer. JM Fiber Optics shall, however, retain title and right of possession until the purchase price has been paid in full.
8. Bankruptcy, Etc. of Buyer. Buyer agrees to carry sufficient insurance to protect JM Fiber Optics' interest in the products. Prior to full payment of the purchase price, if the Buyer should breach any of the terms of this Agreement or file or allow to be filed against it, a petition in bankruptcy or an assignment for the benefit of creditor, JM Fiber Optics may declare the entire balance due and, at its option, may repossess the products. Should JM Fiber Optics sell the products, the outstanding balance shall be credited by the amount realized on the sale less any expenses incurred to repossess and sell the products and collect the outstanding balance from the Buyer.
9. Shipping Delays. JM Fiber Optics shall not liable for any loss or damage for delay or non-delay due to the acts of either civil or military authority, acts of Buyer or by reason of force majeure, which shall be deemed to mean all other causes whatsoever not reasonably within the control of JM Fiber Optics including, but not limited to, Acts of God, war, riot, or insurrection, blockades, embargoes, sabotage, epidemics, fires, strikes, lock-outs or other industrial disturbances, delays of carriers, and inability to secure materials, labor or manufacturing facilities. IN NO EVENT SHALL JM FIBER OPTICS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM DELAY IRRESPECTIVE OF THE REASON THEREFORE, AND RECEIPT OF THE PRODUCT BY BUYER SHALL CONSTITUTE ACCEPTANCE OF DELIVERY AND WAIVER OF ANY CLAIMS DUE TO DELAY.
10. Returns. No products will be accepted for credit if returned without written permission from JM Fiber Optics. All products accepted for credit are subject to a restocking charge of 15%. No product will be accepted for credit after ninety (90) days from date of purchase.
11. Warranty.
A. JM Fiber Optics warrants that all of the products distributed by it shall , at the time of shipment, be free from defects in the material and workmanship in light of the state of the art at the time of manufacture, JM Fiber Optics' liability for breach of this warranty shall be limited to the obligation to repair or replace, at manufacturer's expense, any defective product or part supplied by JM Fiber Optics which is redelivered to JM Fiber Optics' plant, shipping charges prepaid, provided the Buyer unless made with JM Fiber Optics prior written consent. JM Fiber Optics shall have no obligation or liability with respect to any claim made more than one year after shipment. All claims must be in writing and must specify the particular defect on which such claim is based.
B. JM Fiber Optics shall have responsibility for damages caused by ordinary wear and tear, unintended use, misuse abuse or improper handling, operation, or storage of any product by Buyer or any third party. Extended Warranty is available upon request.
C. The warranty of JM Fiber Optics and JM Fiber Optics' obligations and liabilities for breach thereof as specified in this agreement are in lieu of, and JM Fiber Optics expressly disclaims and the buyer hereby waves, (i) all other warranties of JM Fiber Optics, expressed or implied, with respect to the products including implied warranties of merchantability or fitness for particular or intended uses, and (ii) all other obligations and liabilities of JM Fiber Optics for the breach of the warranty including without limitation, any liability consequential or other damages whether or not for seeable, to the buyer and user of the product, or any person.
12. Compliance with Laws: In performing hereunder, JM Fiber Optics shall comply fully with all applicable laws, ordinances, rules and regulations. JM Fiber Optics warrants that all products furnished to Buyer shall be produced in compliance with the Fair Labor Standards Act of 1938 as amended.
13. Changes: JM Fiber Optics reserves the right to make changes to pricing, technical documentation and information presented on our web site at anytime without prior notice. Pricing is not considered firm without a written quotation from JM Fiber Optics. Firm pricing is guaranteed for a period of up to 30 days.
14. Assignment. JM Fiber Optics may assign this Agreement or any rights or obligations arising hereunder without the consent of the Buyer, but the Buyer may not assign this Agreement or any rights or obligations hereunder without JM Fiber Optics' written approval, which JM Fiber Optics may withhold in its absolute discretion.
15. Waiver, Alteration or Modification. No waiver, alteration or modification of any of the provision hereof shall be binding on JM Fiber Optics unless made in writing and agreed to by a duly authorized officer of JM Fiber Optics. Waiver by either party of any default by the other which may thereafter occur.
16. General. The terms hereof, including those written within the body of this document, shall constitute the entire agreement between Buyer and JM Fiber Optics. This Agreement shall be construed in accordance with the laws of the state of California, United States of America. Any litigation under this Agreement, if commenced by Buyer, shall be brought in a court of competent jurisdiction in the State of California. In the event that any of the printed terms or condition set forth herein are in conflict with or are inconsistent with other terms, typewritten or handwritten, within this document, then the typewritten or handwritten terms shall govern to the extent necessary to remedy the conflict or inconsistency, but the printed terms shall govern all other respects.

If you have any questions regarding the Terms and Conditions of Sale for this web site, please contact:

Mr. Kenneth Rivera
krivera@jmfiberoptics.com