1. Visual Acceptance via Photographic Proof

If high-resolution images of the components (including topside markings, laser etchings, and lead conditions) are provided to and approved by the Buyer prior to shipment, the Buyer formally accepts the physical and visual condition of the goods. No Return Merchandise Authorization (RMA) will be granted for cosmetic anomalies, oxidation, or external conditions that were visible in the approved pre-shipment photographs.

 

2. 90-Day Guarantee & ERAI Dispute Resolution

We offer a 90-day guarantee from the date of shipment that all components will meet the original manufacturer’s published datasheet specifications for form, fit, and function. All other orders are strictly Non-Cancelable and Non-Returnable (NCNR).

  • To initiate an RMA, the Buyer must notify us in writing within 90 days and provide a formal failure analysis report from a certified, independent electronic component testing laboratory detailing the functional discrepancy.
  • Parts returned must be in their original packaging, un-soldered, and unaltered.
  • As an active ERAI member, X-Press Micro, Inc. strictly complies with industry standards for counterfeit detection; any disputes involving suspected counterfeit components, substituted parts, or fraudulent returns will be escalated and reported directly to ERAI.

 

3. Shipping, Logistics, and Risk of Loss

All domestic shipments are designated FOB Origin and, unless Pre-Pay and Add shipping terms are explicitly agreed upon in writing prior to shipment, must be billed directly to the Buyer’s designated shipping account. All international shipments are strictly Ex Works (EXW) our facility and must be billed directly to the Buyer’s designated shipping account. X-Press Micro, Inc. assumes no liability or exposure for freight charges, duties, import taxes, or customs fees.

For buyers utilizing a freight forwarder or consolidating agent: Delivery of the goods to the freight forwarder constitutes delivery to the Buyer. Title, risk of loss, and the commencement of the 90-day guarantee period begin immediately upon receipt of the goods by the freight forwarder.

Obtaining freight insurance is the sole responsibility of the Buyer for all shipments. Any claims for items lost or damaged in transit must be filed by the Buyer directly with the carrier or forwarder.

 

4. Export Compliance & Prerequisites for Shipment

To ensure strict regulatory compliance, no international order will be released for shipment until a properly completed, signed, and approved End User Certificate (EUC) has been received by X-Press Micro, Inc. Delays in shipment caused by incomplete or unreturned EUCs are the sole responsibility of the Buyer.

While X-Press Micro, Inc. internally verifies Export Control Classification Numbers (ECCN) prior to shipment, the Buyer assumes full legal liability for all downstream trade compliance, including shipments handled by third-party freight forwarders. Regardless of the forwarder’s location, the Buyer and their forwarder assume full responsibility for all export licensing, customs declarations, and ultimate destination compliance. By accepting these goods, the Buyer legally reaffirms the Declaration of Intent:

  • The Buyer certifies that the items will not be used in or sold for use in nuclear, chemical/biological, or missile technology products.
  • The Buyer certifies the goods will not be sold to, nor for end-use by, any U.S. sanctioned country or region (Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk and Luhansk Regions of the Ukraine), the Russian Federation, Belarus, or restricted military end users.
  • The Buyer confirms compliance with the U.S. Export Administration Regulations (Part 744) regarding prohibited end uses, including terrorism support and missile development.
  • The Buyer further certifies they have no involvement with denied parties or entities appearing in the Export Administration Regulations (Part 764 supplement 120-130).

 

5. Payment Terms & Limitation of Liability

Unless open credit terms (e.g., Net 10 or Net 30) have been explicitly granted in writing by X-Press Micro, Inc., all orders require payment in full prior to shipment (via Wire Transfer, Credit Card, or PayPal) or upon delivery (via C.O.D. for eligible domestic shipments). For pre-paid orders, “payment in full” means funds have fully cleared and posted to our financial accounts; proof of remittance or payment initiation does not constitute received payment and will not expedite shipment.

For accounts with approved open credit, balances are due within the stated net days from the invoice date. We reserve the right to charge a late fee of 1.5% per month on any past-due balances or reversed payments. The Buyer is responsible for any collection costs, including reasonable attorney’s fees, incurred to collect delinquent accounts or dispute unauthorized chargebacks.

Our total cumulative liability for any claim arising out of this transaction shall not exceed the original invoice value of the components in question. Under no circumstances shall X-Press Micro, Inc. be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits or production downtime.

 

6. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding arising under this agreement shall be brought exclusively in the state or federal courts located in Texas.