Supplemental Terms and Conditions for Webstore Transactions
The following terms and conditions (“Supplemental Terms”) apply to the sale of Products offered by SiTime through SiTime’s webstore (the “Webstore”) and supplement the Terms and Conditions of Sale located at https://www.sitime.com/terms-of-sale the (“Terms and Conditions of Sale”). In the event of a conflict between these Supplemental Terms and the Terms and Conditions of Sale, these Supplemental Terms shall prevail to the event of the conflict.
BY USING THE WEBSTORE AND PLACING ORDERS THROUGH THE WEBSTORE, YOU (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY ACCEPT ON BEHALF OF CUSTOMER, THE TERMS AND CONDITIONS OF SALE AND THESE SUPPLEMENTAL TERMS, AND (2) REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO A CONTRACT SUBJECT TO THESE TERMS, PERSONALLY OR ON BEHALF OF THE ORGANIZATION OR COMPANY NAMED AS THE CUSTOMER, AND TO BE BOUND BY OR BIND THE CUSTOMER TO THE TERMS AND CONDITIONS OF SALE AND THESE SUPPLEMENTAL TERMS. “CUSTOMER” REFERS TO THE INDIVIDUAL OR A LEGAL ENTITY, AS APPLICABLE, THAT PLACES ORDERS FOR THE PURCHASE OF SITIME PRODUCTS (“PRODUCTS”). IF CUSTOMER DOES NOT AGREE TO TERMS AND CONDITIONS OF SALE AND THESE SUPPLEMENTAL TERMS, OR IF CUSTOMER DOES NOT HAVE SUCH AUTHORITY, CUSTOMER SHOULD NOT USE THE WEBSTORE OR PLACE ANY ORDERS AND THEREBY NOT CONTRACT FOR ANY PRODUCTS. ANY ORDER (“ORDER”) PLACED REPRESENTS AN OFFER BY CUSTOMER TO SITIME FOR THE CONTRACT FOR A PRODUCT UNDER THESE SUPPLEMENTAL TERMS. SUCH ORDER IS SUBJECT TO SUBSEQUENT ACCEPTANCE BY SITIME. THE ORDER IS ACCEPTED THROUGH EXPRESS CONFIRMATION OR, AT THE LATEST, BY THE SHIPPING, MAKING AVAILABLE OF, OR PROVISION OF THE ORDERED PRODUCT.
1. SALE OF PRODUCTS
1.1 Orders for Products. Any Order for Products is subject to cancellation by SiTime, in its sole discretion, and any automatic confirmation email sent by SiTime in connection with an Order does not constitute acceptance of the Order by SiTime. SiTime is not responsible for pricing, currency conversion, typographical, or other errors in any offer on the Webstore and reserves the right to cancel any Orders resulting from such errors. SiTime reserves the right, including without prior notice, to limit the quantity of Products purchased per Customer or per Order for any reason. SiTime will attempt to notify the Customer should such limits be applied. SiTime also reserves the right, at SiTime’s sole discretion, to prohibit sales to dealers or resellers. For purposes of these Supplemental Terms, "reselling" will be defined as purchasing or intending to purchase any Products through the Webstore for the purpose of engaging in a commercial sale of the same Products to a third party.
1.2 Shipment of Products; Acceptance. Delivery dates are estimates only. Delivery of each Order for Products is subject to availability of the Products. SiTime may deliver partial shipments. Claims against SiTime for shortages must be made within fifteen (15) days after receipt of a shipment. SiTime will (a) pack all Products in a manner reasonably designed to protect such Products from loss or damage while in transit; (b) prepare a packing list and commercial invoice for Customer for the shipment; (c) specify on the commercial invoice that the shipment is made FCA FedEx, unless otherwise stated in the Order; and (d) ship to the identified destination indicated in the Order and in accordance with the shipping terms indicated in the shipping instructions of the Order. Title to and ownership of the Devices will pass to the Customer upon receipt of full payment by SiTime for such Products. SiTime assumes no responsibility for delay, breakage, or damage after having provided the shipment to the shipping carrier. For international shipments (a) Customer will be the importer of record and responsible for clearing the shipment for import and (b) Customer authorizes SiTime to designate the shipping carrier to act as Customer’s agent with the relevant customs and tax authorities in the destination country and to clear the shipment and pay any import fees (and Customer agrees to reimburse the shipping carrier for such fees, if applicable).
2. PURCHASE PRICE; PAYMENT PROCESSING
Prices are quoted in U.S. dollars and are valid only for that specific order acknowledgement. All applicable payments must be made in full prior to the time of shipment of Products. Payment processing for any Order of SiTime Products is provided by such third-party payment processor as SiTime and its service providers may utilize from time to time ("Payment Processor"). SiTime does not collect or store Customer’s credit card information. By providing a credit card or other payment method accepted by SiTime and placing an Order, Customer represents and warrants that Customer is authorized to use the designated payment method. If the payment method Customer provides cannot be verified, is invalid, or is otherwise not acceptable, Customer’s Order will not be executed. Customer must resolve any problem SiTime or SiTime’s Payment Processor encounter in order to proceed with Customer’s Order. Prior to accepting an Order, SiTime may also request additional information from Customer. Verification of information may be required prior to the acknowledgment or completion of any Order. SiTime reserves the right to refuse or cancel an Order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by SiTime’s Payment Processor. SiTime will attempt to contact Customer if all or any portion of an Order is canceled or if additional information is required to accept such Order.
3. CANCELLATIONS
An Order is subject to cancellation by SiTime in its sole discretion. Requests for cancellations must be received by SiTime no later than one (1) day after the Order is placed. Any cancellation is subject to SiTime’s prior written approval. Customer acknowledges that all cancellations received after the date of shipment pursuant to the Order are subject to a twenty percent (20%) restocking fee.
4. PRIVACY POLICY AND TERMS OF USE
SiTime may receive, use, and/or disclose to third parties certain information, including personal data provided to process Orders placed via the Webstore, to facilitate shipment, delivery, or processing of payment transactions and for communications with customers regarding their Orders. Accordingly, with every Webstore transaction, you accept and agree to SiTime’s Privacy Policy, located at https://www.sitime.com/privacy-policy, and SiTime’s Terms of Use, located at https://www.sitime.com/terms-of-use, which are incorporated into, and considered a part of, these Supplemental Terms.
Effective January, 2025