Benchmark Electronics, INC

5) Payment. Benchmark shall invoice Buyer upon shipment of Products, performance of services or as incurred with respect to NRE charges. Payment terms are either cash in advance, or upon approved credit terms thirty (30) days after the invoice date. Benchmark reserves the right to accrue and charge interest on all invoices not paid within five (5) days after the due date at the rate of 1.5% per month. Buyer shall reimburse Benchmark for all costs incurred in collecting any late payments, including, without limitation, reasonable attorneys’ fees.

“Payment” · Terms and Conditions of Sale · open the document (PDF)

4) Delivery. The Products will be delivered or performed within a reasonable time after the receipt of Buyer’s purchase order, subject to availability of components, materials and resources. Benchmark may make partial shipments of Products to Buyer. Buyer shall pay for the units shipped irrespective of whole or partial shipments. Unless otherwise provided in the Quote, all Product shipments shall be “EXW Benchmark facility Incoterms® 2020”. Title to and risk of loss or damage to the Product shall pass to Buyer upon “delivery” perthe applicable Incoterm. Unless otherwise provided in the Quote, the parties mutually agree that acceptance is deemed to occur no later than fifteen (15) days after Buyer receipt of Product or Benchmark performance of services.

“Delivery” · Terms and Conditions of Sale · open the document (PDF)

2) Prices. Unless otherwise provided in the Quote, prices are quoted in U.S. Dollars, based on quantities specified in the Quote, and are valid for thirty (30) days from the date of the Quote. Prices do not include: duties, taxes or other charges; export licensing; and cost of compliance with any environmental legislation. Unless otherwise provided in the Quote, Benchmark’s ISO-9001 Quality System and IPC-A-610D Class II workmanship standards are the basis for all Quotes.

“Prices” · Terms and Conditions of Sale · open the document (PDF)

6) Limited Warranties. This Section sets forth Benchmark’s sole and exclusive warranty and Buyer’s sole and exclusive remedies with respect to Benchmark’s breach of such warranty. a) Benchmark warrants for twelve (12) months from date of manufacture that Benchmark’s workmanship shall (i) conform to specifications at shipment and (ii) be free from defects. Benchmark shall, at its option and at its expense, repair, replace or issue a credit for Product that does not meet the foregoing warranty during the warranty period. Benchmark will pass on to Buyer all manufacturers’ component warranties to the extent that they are transferable, but does not independently warrant any components. Any prototypes are provided “AS IS”, with no warranty whatsoever. b) Benchmark warrants for a period of ninety (90) days following acceptance that any services provided will be performed in a professional and workmanlike manner and in accordance with any applicable specification, or documentation. Should the services fail to conform to this warranty, Benchmark’s sole liability and Buyer’s exclusive remedy is for Benchmark to re-perform such non-conforming services or test fabrication at Benchmark’s cost. c) Buyer must obtain Benchmark agreement and a return material authorization number from Benchmark prior to return shipment. All returns shall state the specific reason for such return. Return shipping costs for valid returns shall be paid by Benchmark. Buyer shall pay all shipping costs and a handl

“Limited Warranties” · Terms and Conditions of Sale · open the document (PDF)

10) Confidential Information. The parties’ rights and responsibilities concerning confidential information shall be governed by the parties’ separate non-disclosure agreement.

“Confidential Information” · Terms and Conditions of Sale · open the document (PDF)