Terms. All sales of motors and other products ("Products") by ThinGap LLC, a California Limited Liability Company ("ThinGap"), to any purchaser ("Customer") are subject to these terms and conditions (the "Terms").
All Purchases are Non-Refundable: Since ThinGap cannot control the use of, or damage to, any Product once shipped, all sales are final. ThinGap cannot accept the return of any item once shipped.
Shipping/Delivery: Delivery will be FOB Ventura, CA.
Delivery lead time is 12 weeks from date of purchase order.
Quotation is valid for 90 days.
See "Additional Terms" for remainder of commercial terms.
Prices quoted exclude taxes.
Customer to specify taxable status of components. Title to and risk of loss shall shift to Customer upon delivery of Products to such carrier.
Warranty: ThinGap warrants that each Product sold by ThinGap shall (a) meet the written specifications therefor (if any) as of the date of delivery of such Product to Customer, and (b) be free from defects in materials and workmanship for a period of one (1) year following the date of delivery to Customer. THINGAP MAKES NO OTHER WARRANTY WHATSOEVER IN CONNECTION WITH ANY PRODUCT, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To return any allegedly defective or nonconforming Product, Customer first must notify ThinGap in writing of its proposed return, and request a return merchandise authorization ("RMA") number. All such return Products shall be shipped to ThinGap (in compliance with ThinGap's reasonable shipping instructions) freight pre-paid with the RMA number displayed on the outside of the shipping container. ThinGap may reject any attempted return of a Product that is not made in accordance with the foregoing procedures.
Payment: The purchase price of all Products sold by ThinGap to Customer shall be due within thirty (30) days following the delivery of the invoice therefor (provided that Customer has been pre-qualified for such terms). ThinGap may defer commencement of production until receipt of such deposit, if any, as ThinGap may require from time to time. All Purchases are Non-Refundable.
Cancellation: If Customer cancels any purchase order prior to the completion of the order, then Customer shall pay to ThinGap, upon demand by ThinGap, cancellation charges equal to (a) the cost of finished products on hand at the full unit price, (b) work in process prorated based on percentage of work completed, (c) committed raw materials purchases, and (d) all cancellation charges imposed by ThinGap. Upon request of Customer, all finished goods, work in process, and raw materials covered by these charges shall be shipped to Customer at the cost and expense of Customer. All Purchases are Non-Refundable.
Delinquencies: Any amount not paid on the due date therefor shall bear interest from the due date therefor until the date on which paid in full at a rate of eighteen percent (18%) per annum (or, if less, the maximum rate permitted by applicable law). ThinGap may suspend further Product deliveries if any payment delinquency occurs.
Limitation of Liability: In no event shall ThinGap be liable for any indirect, special, incidental or consequential damages (including lost profits or loss of goodwill), whether based on contract, tort (including negligence), or any other legal theory, arising out of or related to any order placed by Customer or accepted by ThinGap.
Miscellaneous. These Terms may not be modified or amended, except by a written instrument executed by an authorized officer of ThinGap. In the event of any conflict between these Terms and the provisions of any purchase order submitted to ThinGap, these Terms shall prevail and govern the rights and duties of the parties. The rights and duties of ThinGap and Customer hereunder and under any contract resulting from acceptance of the order described on the front of this document shall be governed by and construed in accordance with the laws of the state of California.
Each party hereby consents to the jurisdiction of the Courts of the State of California for all actions arising under or in connection with such order and contract. If any action is commenced to construe or enforce any such order or contract, then the prevailing party in that action shall be entitled to recover its attorneys' fees and costs in that action and any action to enforce a judgment entered therein. ThinGap shall not be liable for costs or delays occasioned by any event or circumstances beyond the reasonable control of ThinGap, including but not limited to fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters or acts of God; regulation or acts of any civilian or military authority or act of any self-regulatory authority; wars, terrorism, riots, civil unrest, sabotage, or theft or other criminal acts of third parties.
ThinGap's modern electromotive coil technology establishes a power standard for DC brush and brushless motors, generators, and actuators. The modern coreless circular copper coil increases copper density in the magnetic gap. This coil eliminates problems inherent in iron core and wire wound motors.
With ThinGap® Inside, OEM products become powerful, lightweight, efficient, responsive, controllable, and precise. ThinGap’s power helps make your products better.
