Terms of Sale and Export

CUSTOMER AWARENESS – COUNTERFEIT PRODUCTS 

Counterfeiting of semiconductor components is a persistent and growing risk in the electronics industry. Micro Commercial Components Corp. (“MCC”) takes commercially reasonable measures to protect MCC and its customers from the distribution of counterfeit products.

To ensure product authenticity, quality, and full traceability, MCC strongly encourages customers to purchase MCC products directly from MCC or from MCC‑authorized distributors listed on the MCC website. Products purchased through these authorized channels are genuine MCC products, meet MCC’s quality standards for handling and storage, and are supported by MCC’s applicable warranty.

MCC does not provide warranty coverage, technical support, or other assistance for products obtained from unauthorized sources. MCC is committed to combating counterfeiting and encourages customers to support these efforts by sourcing exclusively through authorized channels.

LIFE SUPPORT AND SAFETY‑CRITICAL USE

MCC products are not authorized for use as critical components in life‑support devices or systems without the express prior written approval of an authorized officer of Micro Commercial Components Corp.
For purposes of these Terms:

  • Life‑support devices or systems are devices or systems that
    (i)are intended for surgical implantation into the body, or
    (ii)directly support or sustain life, where failure to perform as intended could reasonably be expected to result in significant personal injury or death.
  • A critical component is any component whose failure could reasonably be expected to cause the failure of a life‑support device or system or affect its safety or effectiveness.
Use of MCC products in such applications without the required written approval is strictly at the customer’s risk.

DISCLAIMER OF LIABILITY – TECHNICAL INFORMATION 

Product descriptions, specifications, application information, and other technical data provided by MCC are believed to be accurate at the time of publication but are provided for reference purposes only. MCC assumes no liability for inadvertent errors, omissions, or inaccuracies.

Such information does not constitute a guarantee of performance or suitability for any particular application. Product selection, application design, validation, and regulatory compliance are the sole responsibility of the customer.

MCC reserves the right to modify products, specifications, designs, processes, or materials at any time without notice, including changes intended to improve reliability, function, performance, or manufacturability.

The parties are bound solely by express warranties set forth in written agreements signed by authorized representatives of both parties

WARRANTY

Micro Commercial Components Corp. warrants that products supplied by MCC will conform to the applicable purchase specifications and will be free from defects in workmanship and materials that materially impair product function under normal use.

MCC makes no representation or warranty regarding the suitability or performance of any product in a specific application. Determination of product suitability is the sole responsibility of the purchaser.

This warranty does not apply to products that:

  • Have been processed, modified, screened, or otherwise altered after shipment without MCC’s prior written approval;
  • Have been operated outside the maximum ratings or specifications published by MCC; or
  • Have been subjected to misuse, neglect, or abnormal operating conditions.
For purposes of this warranty, purchase specifications refer to MCC’s published electrical and mechanical specifications or other specifications expressly agreed to in writing.

Warranty claims must be submitted within three (3) months of the shipment date (four (4) months for international shipments). MCC’s sole and exclusive liability under this warranty is limited, at MCC’s option, to repair or replacement of nonconforming products.

MCC disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. MCC shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use its products.

LIMITATION OF LIABILITY 

To the maximum extent permitted by law, MCC’s total liability arising out of or relating to the Products shall not exceed the amount paid by the buyer for the specific Product giving rise to the claim.

ORDER ACCEPTANCE AND PRECEDENCE 

All orders are subject to acceptance by MCC. These Terms govern all sales of MCC products and prevail over any additional or conflicting terms contained in any purchase order or other document issued by the buyer, unless expressly agreed to in writing by an authorized representative of MCC.

DELIVERY; TITLE; RISK OF LOSS 

Unless otherwise agreed in writing, delivery shall be made in accordance with the applicable Incoterms® in effect at the time of shipment. Title to and risk of loss shall transfer to the buyer in accordance with such Incoterms.

FORCE MAJEURE; ALLOCATION 

MCC shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply‑chain disruptions, pandemics, governmental actions, or shortages of materials.

In the event of product shortages or supply constraints, MCC reserves the right to allocate available supply among customers in a fair and commercially reasonable manner, without liability.

EXPORT COMPLIANCE

The buyer must comply with all applicable laws, regulations, and government orders relating to the purchase, sale, shipment, export, re‑export, transfer, or use of the Products.

This includes applicable export‑control and sanctions laws and regulations of the United States of America, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and regulations administered by the Office of Foreign Assets Control (OFAC), as well as those of other applicable jurisdictions.

The buyer is solely responsible for obtaining any licenses or authorizations required for the buyer’s resale, export, re‑export, transfer, or end use of the Products. The issuance of any export authorization required for MCC’s own performance, where applicable, shall be a condition precedent to MCC’s obligation to perform. MCC reserves the right to suspend or terminate performance if it reasonably believes such performance may violate applicable export laws or regulations.

The buyer shall not resell, export, re‑export, re‑transfer, or ship the Products, directly or indirectly, in violation of applicable export laws or regulations. The Products shall not be transferred to any destination, end user, or end use prohibited under applicable law.

The buyer must conduct appropriate screening and due diligence to ensure that no transaction involves any person or entity identified on any restricted, denied, debarred, or sanctioned party list maintained by any applicable government authority.

Furthermore, the Products may not be used in connection with the design, development, production, use, or stockpiling of weapons of mass destruction, including nuclear, chemical, or biological weapons, or missile technology.

The buyer acknowledges that export‑control laws and regulations may vary by product, destination, and over time, and agrees to remain informed and compliant throughout the transaction lifecycle.

AUTHORIZED CUSTOMER AND RESALE RESTRICTIONS

MCC sells products solely to verified end customers and authorized distribution partners approved in writing by MCC.

Customer represents and warrants that it is purchasing products for its own use or for resale only where expressly authorized by MCC.

MCC does not accept orders from, and reserves the right to reject or terminate transactions with, any customer operating primarily as a broker, trader, or intermediary without transparent and verifiable end-user disclosure.

Customer shall not resell, distribute, or transfer products to any third party unless:

  • The identity of the end customer is known and documented; and
  • Such resale complies fully with all applicable export control and sanctions laws.
Failure to provide sufficient transparency into downstream resale or end-use shall constitute grounds for immediate suspension or termination of supply.

GOVERNING LAW; VENUE 

These Terms and any dispute arising out of or relating to the Products shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflicts‑of‑law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. 

The  parties  consent to the exclusive jurisdiction and venue of the state or federal courts located in California.