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Terms and Conditions

Vaild Purchase Orders will be accepted in writing, typically but not exclusively by email,  and acceptance will include the following language:

  

Purchase Order Acknowledgement: 


R Specialty Optical Fibers LLC, hereafter, RSOF, accepts Purchase Orders (POs) from Customers, on the explicit understanding and agreement that RSOF’s terms and conditions as stated at www.rsofibers.com shall apply to this purchase order, all follow-on purchase orders or commitments and to any products or services provided or shipped to Customer related, directly or indirectly, to this Purchase Order. 


TERMS AND CONDITIONS 


Terms and Conditions Part 1:

  

R Specialty Optical Fibers LLC Terms and Conditions

Payment: Payment shall be made by Customer to R Specialty Optical Fibers LLC (the “Company”) prior to shipment of any or all items on an acknowledged Purchase Order by Credit Card or Wire Transfer, is US Dollars, unless other payment or credit terms have be established and acknowledged in writing. When credit payment terms have been authorized Customer shall remit full payment within the period noted, typically 30 days after the date on the Invoice, which would be the same date as shipment of the items. Failure to remit on time may result in canceling or modification of credit payment terms, and late remittances are subject to 1.5% late fee for each 30 days or part thereof.

Intellectual Property: All intellectual property of R Specialty Optical Fibers LLC (the “Company”) existing or developed by the Company to accomplish the requirements of any purchase order or other similar request for products or services to be provided by the Company to a Customer shall remain the intellectual property of the Company. It is explicitly understood and agreed that, unless otherwise agreed in writing, any intellectual property of the Company and any intellectual property developed by the Company shall be not be considered developed as a “work for hire” for Customer unless specifically understood and agreed to by the Company. Intellectual property shall include that which is normally understood to be intellectual property in the ordinary course of business and shall include, without limitation, all drawings, writings, descriptions and other such documentation, instruction or advice supplied to a Customer to accomplish or use the service or to produce or use a product or service. All such intellectual property shall not be disclosed to any third person or entity without the express written permission of the Company and then only if such person or entity agrees to the Company’s terms and conditions with respect to intellectual property and that any intellectual property disclosed to a third person or entity remains the property of the Company and may only be used for a purpose explicitly agree to in writing by the Company. The Company and Customer understand and agree that any devices, products or similar materials supplied by the Company may not and shall not be reverse engineered, as that term is commonly understood, by Customer or any third party or copied or used to create a similar but difference device or material to accomplish the same purpose that would not have been possible without reliance on the Company’s intellectual property or any device or material supplied by the Company to a Customer.

Choice of Law, Jurisdiction and Venue: Unless otherwise explicitly agreed in writing, disputes related, directly or indirectly, to any purchase order or similar document or understanding between R Specialty Optical Fibers LLC (the “Company”) and a customer (“Customer”) shall be resolved according to the internal laws of the Commonwealth of Virginia without regard to any other doctrine. It is explicitly understood and agreed that exclusive jurisdiction and venue shall be in the state and federal courts in Richmond, Virginia, and in no other forum.


Terms and Conditions Part 2:

 

1. Quotation and Orders: All quotations made and orders received are subject to these terms and conditions which shall take precedence over any terms and conditions whenever submitted by the customer and no alterations shall apply unless confirmed in writing by an authorized representative of R Specialty Optical Fibers LLC (“RSOF”). Quotes from RSOF are only valid for 30 days after date of quote. 

2. Purchase Orders: Customer issuance of a purchase order will be deemed to be an assent to these terms and any terms contained in any Quotation we provide or have provided. They supersede any inconsistent provisions contained on any  purchase order. Purchase orders accepted by RSOF shall not be cancelled, terminated, suspended or altered without prior written mutual agreement between RSOF and the customer and a cancellation fee may apply. Orders for custom product are non-cancellable. All terms of International Orders are subject to change without notice. If you do not currently have an account with RSOF, pre- payment for International Orders is required. 

3. Blanket Orders: 

1. Release requests for blanket orders with unscheduled release dates: The lead time for initial releases against a blanket order will be determined at time of order. Subsequent requests for release may require a replenishment lead time that can vary, order to order and by product. Requests for releases within six weeks of a requested ship date are subject to RSOF approval. 

2. Change requests for blanket orders with scheduled release dates: Change requests to blanket orders with scheduled release dates must be received four weeks in advance of corresponding ship date. Change requests received within four weeks of corresponding ship date are subject to RSOF approval. 

4. Prices: Prices quoted are FOB RSOF factory. Prices are subject to change without notice. RSOF also reserves the right to implement a reasonable surcharge in the event raw material costs fluctuate. 

5. Payment Terms: For customers having a current account with RSOF, payment terms are Net 30 days from date of invoice. Payment may be made by wire transfer, check drawn on a U.S. bank, U.S. Money Order, Mastercard, Visa, or American Express. For customers who do not have a current account with RSOF, Net 30 terms may be applied for by completing RSOF’s Credit Application, with approval solely at RSOF’s discretion. In the event credit is rejected, the customer will have Prepayment terms as outlined in line item 6. In the event RSOF’s payment terms are not met, RSOF reserves the right to suspend future shipments to the customer until the customer has fulfilled its payment obligations to RSOF. 

6. For customers with Prepayment terms, orders must be prepaid in full by check drawn on a bank in the U.S., wire transfer, U.S. Money Order, Mastercard, Visa, or American Express. Orders will not be entered into the RSOF production schedule until full prepayment is received. Once prepayment has been processed, RSOF will provide an estimated ship date to the customer. All RSOF shipments ship under the Incoterms of 2010. 

7. Risk of Loss: Risk of loss of or damage to the Product shall pass to the customer at the time RSOF notifies the customer that the Product is ready for shipment, and RSOF shall be entitled to invoice the customer. 

8. Title to Products: Title to products (excluding Non-Recurring Engineering work), transfers from RSOF to the customer upon payment pursuant to item 4 above. The customer shall hold the products in a fiduciary capacity as bailee until payment has been received by RSOF. Time of delivery shall not be of the essence however RSOF will make every effort to expedite delivery in accordance with the timescales quoted. RSOF shall have no liability for any loss whatsoever suffered by the customer as a result of late delivery. 

9. Sales Tax, Use Tax, Other Taxes, Duties, Fees, Vats, Tariffs: RSOF does not collect or pay state sales or use taxes on its sales within the U.S. It is the responsibility of the customer to pay sales or use taxes that may be associated with purchases from RSOF. When shipping internationally all orders are shipped Collect to the Customer’s shipping account, and Customer’s are responsible for any and all Taxes, VATs, Duties, Fees and/or Tariffs that may apply or be assessed. 

10. Partial Shipments: RSOF reserves the right to make partial shipments against an order. 

11. Validation: The validity and interpretation of any Quotation and these terms and conditions shall be governed by the State of Virginia. The Vienna Convention on Contracts for the International Sale of Goods is excluded from and shall not apply to these Terms and Conditions. 

12. Export Control: All exports are subject to the jurisdiction of the U.S. Dept. of State, U.S. Dept. of Commerce and other U.S. government organizations. Our products and technologies are exported from the U.S. in accordance with applicable laws and regulations, including the Export Administration Regulations. Re-export or diversion contrary to U.S. law is prohibited. Certain categories of products and technology require an export license and/or investigation of the ultimate destination and uses to which they will be put before being eligible for export. The customer agrees to cooperate with such investigations to the extent required by U.S. law. All terms of International Orders are subject to change without notice. If you do not currently have an account with RSOF, pre-payment for international orders is required. 

13. Nonconformance Claims: Any nonconformance claim must be made within 60 days after date of shipment to the customer. The customer must receive a RMA number from RSOF prior to returning the affected goods. An RMA can be obtained by contacting RSOF’s Customer Service department. RSOF will provide shipping instructions for the return of the affected goods. Goods must be returned in their original packaging, with the RMA number clearly marked on the outside of the package and be in their original condition.

14. Intellectual Property: All rights and title to patents, trademarks or any other proprietary or intellectual property that have been issued that relate to the items contained in RSOF quotations and order acknowledgements remain the title of RSOF.

15. Warranty: RSOF warrants its products to be free from defects in material and workmanship and complies with all specifications. RSOF will at its option, repair or replace any product or component found to be defective during the warranty period. This warranty applies only to the original purchaser and is not transferrable for a period of one year after date of original shipment. The foregoing warranties shall not apply, and RSOF reserves the right to refuse warranty service, should malfunction or failure result from: 

1. Damage caused by improper installation, handling or use. 

2. Unauthorized product modification or repair. 

3. Operation outside the environmental or damage specifications of the product, including and in particular minimum bend radii. 

This warranty is exclusive in lieu of all other warranties whether written, oral, or implied. RSOF specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. In no event shall RSOF be liable for an indirect, incidental, or consequential damages in connection with its products. 

16. Limited Liability: Other than as expressly set forth above or as contained in any express warranties provided with products and the extent permitted by law, RSOF makes no warranties, express or implied, including warranties of merchantability or fitness of the merchandise for any particular purpose. RSOF SHALL NOT BE LIABLE FOR LOSS OR DAMAGE RESULTING FROM THE USE OR PERFORMANCE OF THE PRODUCTS. IN NO EVENT SHALL RSOF BE LIABLE TO THE BUYER OR ITS CUSTOMERS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM LOSS OF USE, INTERRUPTION OF BUSINESS, OR LOST PROFITS, EVEN IF RSOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL RSOF’S AGGREGATE LIABILITY TO THE BUYER AND ITS CUSTOMERS EXCEED THE AMOUNT PAID FOR PRODUCTS PURCHASED UNDER THIS AGREEMENT IN THE PRIOR 6 MONTHS. 

17. Product Returns/Return Material Authorization (RMA): 

1. Returns for credit: Under no circumstances may custom or build to order items be returned. Customers may return a catalog product within 60-90 days after the date of shipment, but these returns will be subject to a 25% restocking fee. Returns for credit will not be accepted after 90 days.

1. Obtain a written Return Material Authorization (RMA) from RSOF by contacting our customer service department. 

2. Return the product in its original packaging container with the RMA number clearly marked on the exterior of the shipping package. 

3. The customer will be responsible for all costs associated with shipping the returned product back to RSOF. 

4. The returned product must pass an incoming inspection by RSOF before credit will be issued for the return. 

5. Shipping and handling charges will not be refunded. 

2.  Returns for repair/replacement.

1. Obtain a written Return Material Authorization (RMA) from RSOF by contacting our customer service department. 

2. Return the product in its original packaging container with the RMA number clearly marked on the exterior of the shipping package. 

3. RSOF will provide shipping instructions for the return of the affected goods. 

4. If the repair is deemed non-warranty, the customer will be responsible for all shipping, duties, and taxes associated with the return of the product to the customer. 

5. RSOF will provide a written quotation for all non-warranty repairs/replacements. A purchase order from the customer is required to start repair/replacement work. If a purchase order is not received within 30 days of the quote being sent, the goods will be returned unrepaired at the customer’s expense. 

All requests for the return of a RSOF product should be directed to RSOF’s Customer Service Department at 757-645-2911 or contact@rsofibers.com. RSOF’s customer service department will issue a RMA for the return. All returns should clearly reference the RMA number on the outside of the shipping container. All RMAs should be shipped to: 

R Specialty Optical Fibers LLC
Attn: Customer Service
5248 Old Towne Road, Suite 13, , Williamsburg, VA 23188 

18. WARNING: NEVER ATTEMPT TO DISASSEMBLE RSOF’S PRODUCTS AS SERIOUS INJURY COULD RESULT AND WARRANTIES IF ANY WILL BE VOIDED. 

19. Governing Law: The parties hereto agree that these Conditions shall not be construed, enforced or governed by the United Nations Convention on Contracts for the International Sale of Goods; rather these Conditions are entered into in the State of Virginia and shall be construed, enforced and governed in accordance with the laws of the State of Virginia without giving effect to any choice of law provisions thereof. The jurisdiction and venue of any action with respect to the subject matter of these Conditions shall be the state or federal courts for the County of James City, State of Virginia, and each of the parties hereto submits itself to the jurisdiction and venue of either such courts for the purpose of any such action.