Champion ONE offers one of the highest levels of service and support in the industry, as well as up to a five-year warranty on all Champion ONE products. The following provides details of our warranty, manufacturers' warranties, and terms and conditions of sales:
- Standard Terms and Conditions of Sale
- Damage, Loss, Assignment
- Champion ONE warranty
- Manufacturers' Warranties (Non-Champion ONE Products)
- Special Limitations
- No Consequential Damages
- Export Control
- Force Majeure
- Dispute Resolution; Ohio Law
- Contract Terms Exclusive
Standard Terms and Conditions of Sale
These Standard Terms and Conditions of Sale ("Terms and Conditions") apply to the Products listed on the Quote Sheet, Packing Slip or Invoice received by the Customer (the "Order") from Champion Optical Network Engineering ("C1").
By placing an Order, Customer creates a binding contract with C1 and accepts these Terms and Conditions. Any other terms and conditions contained in any purchase order or other document issued by Customer are null and void and any prior course of dealing between C1 and the Customer or usage of trade will not be relevant in determining the meaning of these Terms and Conditions . No variation to these Terms and Conditions shall apply unless contained in a document signed by C1's President.
Customer shall pay C1 in U.S. dollars within ten days of delivery (or on such other terms as stated on the Order) the total purchase price plus all applicable freight, sales, use, products and service, and other similar taxes or charges, custom duties, and value added tax based upon the location(s) to which the Order is shipped. C1 reserves the right to separately ship part of an Order. Customer agrees to accept delivery of Products unless it does not conform to the Order. Customer is not responsible for Ohio's Commercial Activity Tax or other tax based upon C1's receipts or income. Customer agrees to pay interest on all past due sums at the highest rate allowed by law or one and one-half percent (1 ½%), whichever is lower. On past due accounts, Customer will be responsible for C1's cost of collection including attorneys fees, filing fees and court costs.
Quotations are valid for thirty (30) days or such period of time specified on the Quote Sheet. Customer shall be entitled to cancel an Order, unless Quote Sheet, Invoice, or Packing Slip includes language otherwise, in whole or in part up to two (2) weeks prior to the estimated shipping date on all Memory Upgrades, Cables, Optical Transceivers, and Optical Passives ("C1 Products") and four (4) weeks prior to the estimated shipping date on Orders for non-C1 Products by giving written notice to C1. Unless the cancellation notice is timely received by C1, C1 shall be entitled to a payment equivalent to 50% (fifty percent) of the value of the cancelled Order. The Order may not be cancelled after shipment, but Products may be returned under the policies listed below.
Damage, Loss, Assignment
C1 shall not be liable for failure of the delivery service to make on time delivery. Customer assumes all risk of loss or damage to Products following delivery. Title to merchandise does not transfer until payment in full is received by C1. Prior to that time, Customer shall not remove, sell, pledge or mortgage the merchandise without the prior written consent of C1. This Order or any of the rights or obligations hereunder may not be assigned by Customer without prior written consent of C1.
Return privileges vary by manufacturer and C1 must approve all returns for any reason. Call customer service at 800-860-7466 to obtain a Return Material Authorization (RMA) number. All Memory Upgrades, Cables, Optical Transceivers, and Optical Passives ("C1 Products") may be returned within thirty (30) days of shipment, unless otherwise stated on the Quote Sheet, Packing Slip or Invoice. In the case of all approved returns, Customer must ship the product(s) at Customer's risk and expense to C1 in the original packaging, prepaid and insured, with the RMA number clearly marked on the packaging to Champion Optical Network Engineering, Attn: RMA Dept.-RMA No. ___________, 23645 Mercantile Rd., Beachwood, OH 44122. On warranty claims on C1 Products that C1 determines are as result of a defect in materials or workmanship, replacement parts will be shipped at C1's expense, subject to availability, via a common air delivery service after the RMA number is obtained. DATED PROOF OF PURCHASE MUST BE PROVIDED WITH THE RETURNED EQUIPMENT. Replacement parts may be refurbished or repaired. When C1 rejects a warranty claim C1 will notify the Customer and reserves the right to charge Customer for parts and labor at then current rates. C1 may charge a restocking fee of up to 100% of the value of the goods for unauthorized returns. Any product(s) returned to C1 shall become C1's property.
Warranties: Champion ONE products
This warranty applies only to the following C1 Products under normal use: DRAM, Flash, Cables, optical transceivers, and optical passives. C1 warrants to the original Customer only (not any lessees, transferees or assignees) that the following products, will be free from defects in material and workmanship for the stated time periods beginning with the date of purchase: A) DRAM, lifetime; B) Flash, 5 years; C) 1G/10G/40G optical transceivers, 5 years; D) 100G transceivers, 3 years; E) Ethernet switches, 3 years; F) Media Converters, 5 years; G) Active Optical Cables (AOCs), 3 years; H) Twinax and Direct Attach Cables, 3 years; I) Fiber Breakout and Fiber Patch Cables, 1 year. This warranty applies only to C1 Products and excludes any software incorporated therein. In the event that C1 receives returned C1 Products with defects in material or workmanship, it will, at its option, repair or replace the C1 Products to whatever extent it deems necessary to restore the C1 Products to proper operating condition, or provide a credit or refund of the purchase price or fair market value, whichever is lower. Replacement parts may be refurbished or repaired. All material and labor required for such a restoration will be provided at no charge when a C1 Product with material or workmanship defects is properly returned within the applicable warranty period under the procedure described herein. Not covered under the warranties are: failures due to accident, misuse, abuse, neglect, improper installation, product modification, or unauthorized repair or attempted repair, or shipping damage. Customer expressly understands and agrees that C1 does not warrant that any product is free of claims of patent infringement by any third party. C1 hereby disclaims any such warranty or indemnification against patent infringement. Customer acknowledges that it is not authorized on behalf of C1 to make any other warranties or representations not expressly set forth herein on behalf of C1 concerning any C1 Products.
Manufacturers' Warranties (Non-Champion ONE Products)
Customer acknowledges that unless it is purchasing a C1 Product described in the immediately preceding paragraph, only the warranties offered by the manufacturer are available. In purchasing such a product from C1, Customer agrees to rely upon the manufacture's specifications and warranties and is not relying upon any statements, specifications, illustrations, photographs, or other document provided by C1. Customer has familiarized itself with the manufacturer's warranty prior to purchasing the product from C1 and understands that warranty claims must be presented directly to the manufacturer and not to C1..
Except as expressly provided herein, all warranties, conditions, representations, and guarantees with respect to the equipment, whether express or implied, arising by law, custom, prior oral or written statements by C1, its licensors or representatives, or otherwise (including, but not limited to any warranty of merchantability or fitness for particular purpose and conformity to models or samples, or warranty of non-infringement) are hereby overridden, excluded, and disclaimed. This disclaimer does not apply to the manufacturer's warranty, if any.
C1 does not warrant that the products it sells will work in all combinations of hardware and software selected for use by the customer and C1 makes no warranty for the design, functionality or performance of any integrated system created using a C1 product.
No Consequential Damages
With the exception of claims for death or personal injury where and to the extent that applicable law requires such liability, under no circumstances will C1 be liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on C1's claims or those of any customers (including, but not limited to, claims for loss of data, goodwill, profits, use of money or use of the products, interruption in use or availability of data, stoppage of other work, or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. In no event will the aggregate liability which C1 may incur in any action or proceeding exceed the greater of the total amount actually paid by customer for the specific product that directly caused the damage or $25,000.
No Consequential Damages
With the exception of claims for death or personal injury where and to the extent that applicable law requires such liability, under no circumstances will C1 be liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on C1's claims or those of any customers (including, but not limited to, claims for loss of data, goodwill, profits, use of money or use of the products,