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PHILWAY STANDARD TERMS & CONDITIONS OF SALES

PHILWAY PRODUCTS INC CORPORATE HEADQUARTERS
701 VIRGINIA AVE.     ASHLAND, OH 44805
TEL: (419) 281-7777       FAX: (419) 289-3447

QUOTATIONS & PRICING – On Philway Products, Inc. (PPI) quotations, piece prices are based on one shipment & include no testing (MIL-Spec type testing or otherwise), nor the use of or the supply of coupons or test specimens, nor installation of components, unless specified otherwise on our quotation. With a complete  Buyer’s Documentation Package provided, all prices are normally firm for a period of (30) days from quotation date & for delivery within a maximum of six (6) months; except for precious metal content (which may be adjusted to reflect cost at time of shipment) or complex Electrical Test (ET) fixtures (ATE) (which are subject to a +/- variation of 20%). On quotations, orders, or re-orders, prices are subject to adjustment based on the quantity ordered, shipping schedule, PPI cost increases for labor, materials or supplies & any revisions to the Documentation Package. The processing of any Purchase Order (PO) + production set-up times, requires that a minimum charge be made for each Part Number (P/N) ordered. That charge is dependent upon the complexity of the P/N and is normally amortized into the piece price. Charges for all Non Reoccurring Engineering & tooling (New and Revised) are grouped as NRE unless Buyer requests otherwise (ET fixtures are normally shown separately).

ORDERS & TERMS– Orders are accepted only by an Authorized Employee of PPI at its Corporate Headquarters in Ashland, OH and In Accordance With (IAW) our most recent Terms & Conditions of Sales. Buyer’s PO constitutes acceptance of PPI’s quotation (all PPI errors, clerical or otherwise, are subject to correction). To avoid the manufacture of obsolete product, it is the sole responsibility of Buyer to advise PPI in writing, of all documentation changes which affect tooling or process or product. If the Documentation Package for the P/N ordered has not undergone revision change (since last ordered from PPI), the Buyer must so state on the face of their PO. POs terminated by Buyer, for any reason, prior to total order quantity fulfillment, are subject to termination charges IAW accumulated costs & actual quantity shipped price adjustments. Standard payment terms are Net 30 days. Monetary costs require us to charge a 1 ½% per month service charge on all overdue accounts.

BUYER’s DOCUMENTATION PACKAGE– PPI  requires CAD & Drill Data for all New or Engineering Revised P/Ns with each PO which (unless advised otherwise by Buyer) will be used, IAW modifications described following, to produce product. Data may be modified for manufacture (as a standard practice, IAW DFM principles, with the intent of replicating design features, such as conductor width/space, pad diameters, hole diameters, clearances, etc. on the production boards) for producibilty reasons or to meet specifications, without advance notice or approval (Buyer must advise before PO placement if this is not permissible). All hole size diameters should be "Finished Hole Size” (FHS is after plating/coating). All conductor width/spaces should be after plating/etching/coating. All dimensions for acceptability shall be designated on the print, with the required tolerance. Without CAD data, additional NRE charges will apply & PPI requires (2) complete sets of current revision prints + (1) complete set of current 1:1 artwork/films. Buyer is required to advise PPI (in writing) & have confirmation from PPI (in writing) of any changes that affect the manufacture of product.

SPECIFICATIONS & RETENTION –If no specification is furnished or called out, product will be manufactured with the intent to comply with IPC-6012 Class 1 specifications and/or PPI’s standard practices in regard to material substitutions,  multi-layer construction, plating thicknesses, rework & repairs, tolerances & will include a .050 radius on all inside corners. All production tools, photo-tools, data, documents, coupons, test specimens, fixtures, etc are the property of PPI and if not active for two (2) years (or more) are subject to disposal within thirty (30) days thereafter unless PPI  has previously agreed to retain otherwise.

MANUFACTURE, DELIVERY & SHIPMENT – Unless otherwise specified by Buyer and acknowledged by PPI, all POs are subject to manufacturing for the total quantity ordered. All delivery commitments are subject to current lead times at time of order. Shipment is per schedule acknowledged by PPI for a quantity plus or minus 10% of the total quantity ordered & FOB PPI’s designated point of origin via lowest cost Ground. Philway will not accept penalties, selling price reductions or bill backs for delays to Buyer’s production (due to our late deliveries or reschedules due to material availability or any unforeseen circumstances or equipment breakdown).

WARRANTY – Philway Products, Inc. (Seller) warrants that the product (Bare Printed Circuit Boards) covered in this contract will be free of defects in materials and workmanship for a period of thirty (30) days from the date of shipment or until acceptance by Buyer’s incoming inspection, whichever is earlier. Philway Products, Inc. will, at its option, rework or repair or remake product which it finds defective under this warranty or scrap said product and issue a credit, witout replacement. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE FOREGOING OBLIGATIONS ARE IN LIEU OF ALL OBLIGATIONS AND LIABILITES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR OTHERWISE, EXPRESSED OR IMPLIED BY LAW, AND STATE PHILWAY’S ENTIRE AND EXCLUSIVE LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OF PRINTED CIRCUIT BOARDS OR OTHER MATERIAL. IN NO EVENT SHALL PHILWAY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF ASSEMBLED COMPONENTS, ETC.

CLAIMS & RETURNS – All claims must be made within thirty (30) days of shipment. No claims or otherwise can be made in excess of the original selling price of the rejected and returned product. Authorization to return product must be authorized by PPI’s Quality Assurance Manager & a Return Materials Authorization (RMA) number is required to be issued prior to returning product. All claims shall include (as a minimum) P/N, Revision, Original PO #, Replacement PO # & Reason for Return. NOTE: If returned product is unauthorized (no RMA issued) or found to be non-defective, it will be returned back to Buyer via UPS Ground, Freight Collect.

ENTIRE AGREEMENT – PPI’s acceptance of Buyer’s PO and PPI’s (Seller) most recent Terms & Conditions of Sales constitutes the entire agreement between the parties in relation to the materials or product sold.

EXCLUSIVITY OF TERMS – Buyer’s PO will constitute an acceptance of PPI’s Standard Terms and Conditions of Sales, stated herein & irrespective of contrary terms in any of Buyer’s forms or documents. Additional or differing terms or conditions proposed by Purchaser/Buyer or included in the Buyer’s PO or in any other Buyer document are hereby objected to by PPI. PPI is not bound by any variation or modification of PPI’s Terms & Conditions of Sales unless agreed to and signed by PPI’s Authorized Officers.

We thank you for the opportunity to serve you. If you have any questions on this document, please contact a PPI Authorized Officer at our Corporate Headquarters.

FORM 30-80B DATED 10-27-08. FOR MOST RECENT VERSION OF THIS DOCUMENT,      GO TO PHILWAY PRODUCTS WEB PAGE – http://www.philway.com