Whereas Rabyte Technologies LLP ("Rabyte") has made operational registered website URL https://www.rabyte.com to make it convenient for its customers (existing & new) to order products which are otherwise distributed or sold by Rabyte.

Whereas, for purpose of executing sale through electronic / internet medium, Rabyte the identified the below-given terms and conditions which have to be agreed upon by the buyer / purchaser / dealer to procure products from Rabyte through its registered website. These terms and conditions are inclusive & complete, and supersede any terms & conditions, representations either oral or written, including any industry custom or past dealing with Rabyte.

Terms & Conditions

1. ACCEPTANCE AND CANCELLATION OF ORDERS

(a) The price & availability shown on website serves in a limited manner as invitation to offer for customer seeking to procure product from website. In case any price or availability of product is communicated in a response to any demand for quotation or inquiry then such communication will also tantamount to invitation to offer. No right can be asserted by customer on basis of  price & availability shown on website or on basis of communication / response to any demand for quotation or inquiry.

(b) Acceptance of any order placed through website or in response to any communication or response to any demand for quotation or inquiry shall be in writing through an Order Confirmation Email or Electronic Data Interchange ("EDI") acknowledgement. Execution of Customer orders by Rabyte also constitutes acceptance. 

(c) After an order has been accepted, an order may be cancelled with Rabyte’ written consent  provided products are not NC/NR. In case the product is government by a Purchase Agreement Letter, even then orders cannot be cancelled.

 

provided the products are not "NC/NR", non-standard, or governed by a Purchase Agreement Letter. Non-standard products are specially ordered for Customers, including those not typically stocked or involving value-added services, and are non-cancelable and non-refundable. Rabyte may identify such products through quotes, product lists, attachments, or exhibits. Changes, cancellations, or rescheduling of orders require Rabyte’ consent and may incur cancellation charges if accepted orders are canceled post-acceptance and before shipment. Rabyte reserves the right to limit or cancel orders, allocate sales, quantities, or product types at its discretion, and to reject any order or part thereof. Product specifications and availability are subject to change without prior notice.

1a. Returns

Only those material can be return which are wrongly delivered by mistake (with reference to what was ordered). Returned items must be in original, unused, untested, and resalable condition with all original packaging. Return request to given along with photograph of materials. Certain products, such as ESD-sensitive or programmable semiconductors, cannot be returned if their packaging has been opened, as detailed in the Non-Cancellable/Non-Returnable Products section. Refund will be given upon verification of material by Rabyte after receiving in their warehouse.

1b. Counterfeit Product Prevention Clause

Only products originally shipped by Rabyte or drop-shipped from a supplier designated by Rabyte will be accepted for return. Products from other sources will be quarantined or returned to the Customer. By returning products, Customers certify these were purchased from Rabyte without substitution from other suppliers. Returns must be in original packaging (manufacturer or Rabyte), unused, and untested, except in cases of defect. ESD-sensitive or programmable semiconductor products must remain unopened.

2. PRICES

Rabyte strives to maintain accurate pricing information, but prices are subject to change at any time prior to Rabyte's completion of your accepted order. If pricing errors are discovered, Rabyte will notify Customers of corrections, allowing them to accept the corrected price or cancel the order. Rabyte is not liable for pricing, typographical, or other errors and reserves the right to cancel orders due to such errors. Orders are billed at the prices effective at shipment, as specified in Rabyte's quote, valid for the period stated or 30 days if unspecified. Prices on the website are subject to change without notice and may increase due to cost increases, exchange rate changes, or quoting errors. Quantity discounts apply only if the specified quantity is purchased; otherwise, non-discounted prices shall apply. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, and document fees.

3. TERMS OF PAYMENT

All payments must be made in the currency billed on the original invoice or credit card receipt. Credit cards accepted include all major credit cards, purchase cards, and major bank debit cards. Customers can wire the funds to our bank. For All Orders, Customer agrees to pay the entire amount of each invoice (including applicable taxes) from Rabyte in accordance with the terms of each invoice, without offset or deduction. Customer may also avail the facility of making payment against COD. 

If payment made by the Customer but not received / credited to Rabyte Account, in that case it will be treated as the funds not received.

4. GST/Other Taxes

GST/Other taxes to be charged extra as applicable in India.

5. DELIVERY AND TITLE

Freight cost will charge extra on the basis of location and volume of products, so the amount of all transportation charges will be paid to Rabyte by the Customer in addition to the purchase price of the Products. Rabyte reserve the rights of mode of transport for delivery of the Products to the carrier will constitute delivery to Customer. Rabyte will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Rabyte are estimates only, and that Rabyte will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Rabyte unless specifically designated by Customer. Rabyte reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.

International shipments follow the Incoterms published by the International Chamber of Commerce. An Incoterm for a Customer order is selected by Rabyte based on Customer address, destination, and/or currency. Title transfer will be in accordance with the Incoterm selected for the shipment by Rabyte. By default, if incoterm is not specified, the incoterm will be FCA point of shipment from Rabyte's facility.

6. RABYTE'S LIMITED WARRANTY

Rabyte agrees to pass on to the customer any transferable warranties received from the manufacturer of the products sold. Rabyte provides no other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Rabyte’ liability for any product sold to the customer is strictly limited to either (1) refunding the purchase price paid by the customer for such products (without interest).These remedies are exclusive and exclude all others. Customer must notify Rabyte within 90 days from the shipment date of any defective product. This warranty supersedes all other warranties, whether oral, written, express, implied, or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically disclaimed and do not apply. This warranty does not cover products that have been misused, subjected to static discharge, neglected, involved in accidents, modified, soldered, or altered in any way.

7. RABYTE CORPORATE ROHS COMPLIANCE AND LEAD-FREE POLICY

Rabyte’s policy is to offer products as RoHS compliant or lead-free only after confirming specific requirements are met. Rabyte relies solely on manufacturer certification for RoHS compliance and absence of lead. Rabyte makes no warranty, certification, or declaration of compliance regarding these products. Products are advertised or offered as RoHS compliant or lead-free only after receiving sufficient evidence from component manufacturers. Relevant documentation is retained for a minimum of four years from receipt. "RoHS" is defined by Rabyte as compliance with all hazardous substance regulations under the ELV, WEEE, or RoHS EU directives. "Lead-free" refers to products declared as such by suppliers. All statements of RoHS compliance by Rabyte are based on producer documentation.

7a. Product country of origin

Rabyte maintains country of origin information for all inventory products. This information is provided on product labels and shipping documents based on manufacturer-supplied data, compliant with US Treasury and US Customs regulations. Manufacturers do not provide Rabyte with origin details for each raw material or subcomponent used in their final products.

8. LIMITATION OF LIABILITIES

In no event shall Rabyte be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Rabyte for any claim shall not exceed the purchase price paid by customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. Customer shall indemnify, defend and hold Rabyte harmless from any claims brought by any party regarding products supplied by Rabyte and incorporated into the customer's product.

9. PRODUCT SAFETY NOTICE AND RESTRICTIONS

Products are intended for commercial use only. Products are traceable to the OEM manufacturer and lot/date code where available and when requested at the time of customer order. Rabyte does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to customers are produced by the manufacturer or transcribed from information provided by the manufacturer. Rabyte does not participate in any product safety engineering, product safety review or product safety testing. Rabyte cannot provide any safety testing, safety evaluation or safety engineering services. Products sold by Rabyte are not designed, intended or authorized for use in life support, life sustaining, human implantable, nuclear facilities, flight control systems, or other applications in which the failure of such products could result in personal injury, loss of life or catastrophic property damage. This includes, but is not limited to, class iii medical devices as defined by the us food and drug administration (fda) and federal aviation administration (faa) or other airworthiness applications. If customer uses or sells the products for use in any such applications: (1) customer acknowledges that such use or sale is at customer's sole risk; (2) customer agrees that Rabyte and the manufacturer of the products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) customer agrees to indemnify, defend and hold Rabyte and the manufacturer of the products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.

10. STATEMENTS AND ADVICE

If statements, opinions, or advice, technical or otherwise, are offered, or given to a customer, such statements, opinions, or advice will be deemed to be given as an accommodation to customer and without charge. Rabyte shall have no responsibility or liability for the content, or use of such statements or advice. We do not conduct product suitability studies or engineering reviews of products that we sell, nor for the final product that a customer produces. Rabyte accept no responsibility for improper installation of our products. Electrical polarity must be properly observed in hooking up electrical components.

11. NON-CANCELABLE / NON-RETURNABLE PRODUCTS

From time to time, Rabyte will notify customer of a product that is "NC/NR", (non-cancellable/non-returnable) upon determining that an order requires such conditions of sale. Customer understands that "NC/NR" products are obtained by Rabyte from the manufacturer specifically for the customer. Irrespective of circumstances, the customer agrees that "NC/NR" products may not be cancelled, returned or rescheduled by the customer without the agreement of both Rabyte's supplier and the written consent of Rabyte. Products labelled as moisture sensitive or electro-static sensitive (ESD) are NC/NR if the packaging has been opened. All products purchased by customers classified by Rabyte as electronic component distributors or brokers shall be deemed non-cancellable/non-returnable.

12. INTELLECTUAL PROPERTY

If an order includes software or other intellectual property, such software or other intellectual property is provided by Rabyte to customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit. Opened software may not be returned unless defective.

13. FORCE MAJEURE

Rabyte will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of god, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Rabyte's time for delivery or performance will be extended by the period of such delay or Rabyte may, at its option, cancel any order or remaining part thereof, without liability by giving notice to customer.

14. EXPORT CONTROL POLICY

Rabyte is committed to compliance with all U.S., EU member state, Russia, UK and selected foreign export, import, customs and economic sanctions laws, regulations, rules and orders (collectively, "trade control laws") to which products purchased from Rabyte apply.

Rabyte will not sell or ship to embargoed countries or individuals and entities who are restricted by a) the U.S. Treasury office of foreign asset control ("OFAC") list of specially designated nationals, including entities that are owned 50% or more by such individuals or entities; b) the U.S. Commerce department’s bureau of industry and security ("BIS") denied persons list, entity list, unverified list, and military end user list, or for military end use in China, Russia, Venezuela, Burma and Cambodia; and c) department of state’s aeca debarred list, among others. Rabyte will not export products prohibited by the export administration regulations ("EAR").

Rabyte’s policy prohibits exports of any product that requires an export license pursuant to the EAR or department of state’s international traffic in arms regulations ("ITAR"). Rabyte participates in bis export enforcement and OFAC transaction reporting. Rabyte immediately report suspicious purchases to the proper authorities for investigation.

Considering the numerous sanctions imposed upon Russia and Belarus by governments and organizations around the world, Rabyte will not ship any products to Russia, the Donetsk and Luhansk regions of Ukraine, and Belarus. Customer shall not sell, export, or re-export, directly or indirectly, to the Russian federation or for use in the Russian federation, any goods supplied by Rabyte that fall under the scope of article 12g of council regulation (EU) 833/2014 (“article 12g”). In addition, customer shall maintain a monitoring mechanism to detect conduct by third parties and resellers that may circumvent article 12g or Rabyte’s terms and conditions and shall use its best efforts to ensure that such parties do not attempt circumvention. Any violation of this requirement shall constitute a material breach of an essential element of our terms and conditions and Rabyte shall be entitled to seek appropriate remedies, including but not limited to termination of business. Customer agrees to inform Rabyte of any breach of this section, including activities of third parties that attempt to circumvent article 12g.

14.1 Resale / Transfer / Re-export of Products

Customer understands and acknowledges that all products purchased from Rabyte are subject to trade control laws and shall only be resold, transferred, re-exported, or dispositioned in in any other way, in strict compliance with these laws.

Customer acknowledges products purchased from Rabyte shall may not be brokered transhipped, resold, transferred, re-exported, or dispositioned in in any other way to any company, entity, or person identified by bis: bis parties of concern and to countries, individuals or organizations identified by OFAC: specially-designated-nationals-and-blocked-persons-list; and, sanctions-programs-and-country-information including sanctions imposed on Iran, North Korea, Cuba, Syria, Venezuela, Sudan, Russia, the Crimea, Ukraine, and Belarus, among others.

Customer acknowledges that, before exporting or reexporting, any product, the customer is responsible for determining if the product is controlled, prohibited or restricted for export or import and to obtain any license to export, re-export, or import as may be required by trade control laws.

14.2 Export Classification Disclaimer

Any use made of Rabyte classifications, whether it be ECCNs or any variation of harmonized tariff codes, is without recourse to Rabyte and at the user’s risk. Export classifications are subject to change. If you export or re-export, your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by Rabyte is for Rabyte’s use only and shall not be construed as a representation, or warranty regarding the proper export classification nor relied upon to make licensing determinations.

15. GENERAL

The terms and conditions may not be modified or cancelled without Rabyte's written agreement. Accordingly, goods furnished, and services rendered by Rabyte are sold only on the terms and conditions stated herein. The sale of products hereunder will be governed by these terms and conditions, notwithstanding contrary or additional terms and conditions in any purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of products. Notwithstanding any terms and conditions on customer's order, the information and conditions on the credit application are controlling over customer and Rabyte. Any conflicting statements or terms listed on the customer purchase orders, invoices, confirmations or other customer generated documents ("customer documents"), whether heretofore or hereafter submitted, are negated by submission of the credit application and the issuance of credit by Rabyte, and all different or additional terms and conditions contained in any customer documents are hereby objected to by Rabyte. Rabyte's performance of any contract is expressly made conditional on customer's agreement to Rabyte's terms and conditions of sale, unless otherwise specifically agreed upon in writing by Rabyte. In the absence of such agreement, commencement of performance and/or delivery shall be for customer's convenience only and shall not be deemed or construed to be acceptance of customer's terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by customer of any goods or services shall be deemed acceptance by customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Rabyte. The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. The terms and conditions shall be governed by Indian laws and adjudicated within the jurisdiction of Delhi courts.

Reference Definition

EDI - Electronic Data Interchange (EDI) is the electronic interchange of business information using a standardized format

ESD - Electrostatic Discharge (ESD) is the release of stored static electricity.

NC/NR - Non-cancellable, non-returnable (NCNR) product refers to a product purchased under a written contract that specifies once the order is placed, the purchaser is not allowed to make any cancellations or reductions to the order, nor are they allowed to return product (except for warranty resulting from product defects).

EU member state - Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

OFAC - The Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities.

BIS - Bureau of Indian Standards (BIS), the National Standards Body is a statutory body functioning under the Ministry of Consumer Affairs, Food and Public Distribution, Government of India.

EAR - Estimated Average Requirement (EAR): a nutrient intake value that is estimated to meet the requirement of half the healthy individuals in a group.

ITAR - The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defence and space-related articles and services as defined in the United States Munitions List (USML).