Terms and Conditions

Terms and Conditions
Scope

These Terms and Conditions apply to each order placed with Chroma or its affiliates for goods and services, unless other terms are specifically agreed to, in writing, in the order documentation. Chroma’s responsibility pertains to the delivery of products and services per supporting documentation. Issuance of an order with additions or changes to these Terms and Conditions will not be considered part of the order.

Chroma will retain all order records for terms established by normal business practices and those of applicable state and federal law.  Agreements with Chroma are governed by and shall be construed in accordance with the laws of the State of California, County of Orange.

Order Cancellation and Return Policy

Following receipt of P.O., cancellation of standard product orders must be done in writing and are subject to a 25% restocking fee. Cancellation of customized product orders are subject to cancellation charges per below.  All returns requite approval/RMA.  Approved returns will receive credit toward future purchases only.

  1. 1-4 weeks – 33% of sales price
  2. 4-5 weeks – 50% of sales price
  3. 5-7 weeks – 75% of sales price
  4. 8 weeks+ – 100% of sales price
Prices & Payment Terms
  1. Standard payment terms are defined as a purchase order/invoice with net 30 payment and credit approval. Other payment methods will incur a 4% handling fee applied to the order.
  2. Customized products require a 1/3 down payment to begin work, with the remainder net 30 on delivery. Depending on the delivery destination and credit terms, cash-in-advance or an irrevocable Letter of Credit may be required for purchasing.
  3. Interest will be charged at 3% per month for all unpaid balances.
  4. Prices and specifications are subject to change without notice.
  5. Please contact Chroma before opening a Letter of Credit for details on our banking requirements.
Quotations
  1. Unless specified in the quote, no programming, fixture development, interface panels, or product installation and training is included in the order.
  2. Pictures and images that are part of a quotation are for illustration purposes only, and actual product appearances may vary.
  3. UL, cUL, SPE-1000, or other electrical certifications, calibration certifications such as 17025 and Z540, and calibration reports are not part of the order unless specifically called out in the quote.
  4. The customer is responsible for all facility planning and service in support of Chroma product installation unless specifically called out in the quote.
  5. Contact our sales department at sales@chromausa.com or by phone at 949.600.6400 (ask for Sales), or via fax at 949.600.6401, to place an order.
Warranty & Service/Support
  1. Machine safety is the responsibility of the customer. Chroma is not responsible for loss caused by missing or inadequate safety procedures or interlocks.
  2. During the warranty period, Chroma will, at our option, either repair or replace any product that proves to be defective.
  3. The customer is responsible for shipping arrangements to and from the Chroma repair depot.
  4. Warranty repair includes parts (new or refurbished) and labor.
  5. On-site warranty service is not covered unless specified on the order.
  6. Warranty and extended warranty services are null and void if the Chroma product is mishandled or treated in a way contrary to the user’s manual or other Chroma collateral material documents.
  7. Extended warranty contracts that include onsite service are limited to two onsite visits per year, and are typically from one day to one week, unless other terms have been specified in the original extended warranty sales order.
  8. Chroma repair services are quoted on a fixed-cost basis, not time and materials, unless specified otherwise.
  9. Unless otherwise specified in writing on the applicable sales order, hardware warranties are one year from purchase. Software warranties are 90 days from purchase, and repair warranties are 90 days from purchase.
  10. A Return-Material-Authorization (RMA) is required for shipping ALL products to Chroma, whether for repair, calibration, technical evaluation, etc.
  11. For prices on accessories, instruction manuals, calibration, repair, technical support, and onsite services, please contact the Chroma Service/Support team at 949.600.6400, or customerservice@chromausa.com
  12. Technical support return calls are best effort and are usually returned within 24 business hours.
Limitation Of Warranty

Chroma’s warranty is limited and does not apply to defects resulting from customer production errors, mishandling, or other types of misuse of any product or component. While not a complete list, this includes exposure to debris and dirt, water damage, temperature extremes, and exposure to fire suppressant chemicals and similar contaminations. Chroma is not responsible for improper hookup or usage, or damage resulting from misapplication of the products, including alteration and repair by unauthorized parties, or acts of God. This warranty does not apply to fuses, software, non-rechargeable batteries, battery leakage, problems arising from normal wear, or failure to follow instructions.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR USE. THE REMEDIES PROVIDED HEREIN ARE THE BUYER’S SOLE AND EXCLUSIVE REMEDIES. NEITHER CHROMA SYSTEMS SOLUTIONS, INC. NOR ANY OF ITS EMPLOYEES OR AFFLIENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENCIAL DAMAGE ARISING OUT OF THE USE OF ITS PRODUCTS EVEN IF CHROMA SYSTEMS SOLUTIONS, INC. HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, SUCH EXCLUDED DAMAGES SHALL INCLUDE, BUT ARE NOT LIMITED TO: COSTS OF REMOVAL AND INSTALLATION, LOSSES SUSTAINED AS THE RESULT OF INJURY TO ANY PERSON, OR DAMAGE TO PROPERTY. WARRANTY SUPPORT INCLUDES TELEPHONE SUPPORT ONLY AND CUSTOMER RETURN-TO-FACTORY FOR INSTRUMENTS.

Shipping Information
  1. Customers may provide a common carrier account number for use or direct Chroma to charge the shipment to, or you may instruct Chroma to prepay and add freight and handling charges to the invoice amount. If you specify prepay and add, Chroma will add handling charges up to the amount of the basic shipping charges.
  2. Customers should specify in the purchase order shipping preferences (standard ground, overnight, pre-pay and add, etc.). If no preference is indicated, Chroma will ship the best commercial way or UPS at our option.
  3. All Shipments are F.O.B. Chroma Factory, and insurance will be added to all shipments unless specifically requested to do otherwise. For F.O.B. Chroma Factory shipments, title transfer occurs at Chroma’s dock. The customer is responsible for collecting claims from the Freight Company in the event of loss or damage during transit.
  4. Most Chroma products ship with CE certification. However, if you require CE certification, or other certifications, such as UL or SPE-1000, please inform your sales person at time of order so we can be sure to get that added to the quotation as necessary.
  5. Chroma reserves the right to “ship-in-place” for any completed product or service should the customer not be ready to receive the item or if shipment cannot be made due to missing shipment information. Products will be held at Chroma’s facility for 30 days from invoice date at no cost. Thereafter, storage and insurance charges of 5%/month of the invoice balance will be applied.
  6. Large shipments, such as ATE test systems, will be crated prior to shipment unless otherwise specified during the purchasing cycle. The cost of crating is part of the freight charges invoiced by Chroma. All ATE shipments must be by air-ride truck transport unless the customer declines this and assumes responsibility for any shipping damage.
  7. Every effort will be made to process your order expeditiously and meet customers’ desired delivery schedules. However, lead times vary based on numerous conditions and are subject to change. Products available in “stock” will usually ship in approximately 3-5 business days.
  8. Chroma cannot accept fines, discounts, or other negative financial impacts for late shipments.
  9. Chroma reserves the right to ship all orders as “partial” if some inventory items listed on the order are missing and require backorder.
  10. Chroma may charge a holding fee in situations where the product is ready for shipment, but the customer does not authorize shipment within 30 days.
  11. All instruments should be tested by the customer when they are received. If they fail to operate properly or are damaged in any way, a claim should be filed immediately with the carrier. The claim agent should obtain a full report of the damage, and a copy of this report should be forwarded to us by fax (949-600-6401) or email. Chroma will prepare an estimate of repair cost and repair of the instrument(s) when authorized by the claim’s agent. Please include model number and serial number when referring to the instrument.
Customized Products
  1. For customized products, such as Automated Test Systems, Chroma will assign a Project Engineer for products that require assembly or specialized configurations.  He / She will be the customer’s main point of contact until the product is delivered.  Customers may expect some or all of the following activities during the construction of their Test Systems.
  • Kickoff with Chroma and customer technical teams and discussion/validation of requirements
  • Progress meetings and ad-hoc contacts for problems, issues, and requirements clarification
  • Customer updates on schedules and, if any, schedule changes
  • Overseeing the construction effort, technical and QA inspections of in-work products
  • Oversee any software development, testing, and validation tasks.
  • Final delivery, signoff, and post-delivery support to final acceptance
  • Chroma reserves the right to modify the scheduled delivery date prior to final delivery as required to complete and ship the final, fully tested product.
  1. Chroma reserves the right to subcontract all or part of an order as required to satisfy delivery and quality commitments, unless otherwise noted in writing at time of order.
  2. Should Chroma provide printed circuit boards and other design material as part of our product sets, such fabrication information for these components is proprietary to Chroma.
  3. Onsite training includes operator training of delivered test systems and instruments, sufficient for operator use of our products.

 

Customized Product Testing, Validation, and Onsite Services
  1. In order to achieve full testing and validation of delivered test systems, Chroma will require a minimum of three (3) fully functioning UUT’s for use in verification testing prior to shipment.
  2. Any acceptance test requirements must be made available and agreed upon prior to the quotation phase.
  3. Validation of UUT’s exceeding 50kW will be performed at Chroma’s facility at 10% of the maximum power level.
  4. Any installation, provisioning, or training requirements specified in the order are to be scheduled in advance at a mutually agreed-upon time.
Software
  • Chroma may provide software components, such as graphical user interfaces, softpanels, drivers, and other similar products. This software is the property of Chroma and may not be copied, sold, reverse-engineered, or reissued in any media form.
  • Chroma software is provided to be used with Chroma instruments and for no other purpose.
  • Chroma provides a fully executable, perpetual license to run and backup Chroma-provided software for the purposes of the operation of the Chroma equipment and the operation of our customers’ business. Licenses are single-use via a security USB key or software license key.
  • The customer agrees not to attempt to compile, translate, modify, reverse engineer, or disassemble Chroma-provided software.
  • Chroma assumes no liability for misuse of provided software or for standard software “bugs”. Customer is expected to fully test the provided software to ensure it operates in their environment as they require it to, in a safe and controlled environment. ONSITE INSTALLATION AND TRAINING
  • See the EULA agreement distributed with our software for additional information on software warranties and limitations.