Terms and Conditions

Effective Date: January 1, 2025
Last Updated: January 1, 2025

These Terms and Conditions ("Terms") govern your use of EAK Electronic Co., Ltd.'s ("EAK," "we," "us," or "our") website, products, and services. By accessing our website or purchasing our products, you agree to be bound by these Terms.

1. Scope of Agreement

These Terms apply to all transactions between EAK and customers ("you" or "Customer") for the purchase of power resistors, thermal management solutions, and related engineering products. This includes:

Product quotations and purchase orders
Sample requests for evaluation purposes
Technical documentation downloads (datasheets, CAD models, application notes)
Custom engineering services and design collaboration

2. Product Information and Specifications

2.1 Technical Accuracy

We make every effort to ensure the accuracy of technical specifications, performance curves, and application guidelines published on our website. However:

Performance Verification Required: All product specifications are subject to verification under actual application conditions. Customers are responsible for validating that our products meet their specific requirements.
Application Engineering: While we provide application support, the final determination of suitability for a particular use case remains the customer's responsibility.
Design Changes: We reserve the right to make engineering improvements to our products without prior notice. Critical applications should specify "Form, Fit, Function" (FFF) requirements in the purchase order.

2.2 Custom Products

For custom-designed resistors or thermal solutions:

Written quotations are valid for 60 days unless otherwise stated
Custom tooling costs (if any) will be clearly itemized
Intellectual property rights to custom designs remain with EAK unless a specific IP transfer agreement is executed
Minimum order quantities (MOQ) may apply for non-standard configurations

3. Quotations and Orders

3.1 Quotation Validity

All quotations are:

Valid for 60 days from the date of issuance
Subject to credit approval for new customers
Exclusive of taxes, duties, and shipping unless explicitly stated as "DDP" (Delivered Duty Paid)

3.2 Purchase Orders

A binding contract is formed when:

EAK issues a written Order Confirmation in response to your Purchase Order (PO)
The Order Confirmation will specify: Part numbers, quantities, unit prices, lead time, and Incoterms
Any deviations from your PO will be clearly noted and require your acknowledgment

3.3 Order Cancellations

Standard products may be canceled with a 10% restocking fee if not yet shipped. Custom products are non-cancelable once manufacturing has commenced.

4. Pricing and Payment

4.1 Currency and Payment Terms

Currency: All prices are quoted in USD, EUR, or SGD as specified in the quotation
Standard Terms: Net 30 days for approved corporate accounts; prepayment via wire transfer or credit card for new customers
Late Payment: Overdue invoices incur a 1.5% monthly interest charge (or the maximum legal rate, whichever is lower)

4.2 Price Adjustments

For blanket purchase orders or long-term agreements, prices are subject to adjustment if:

Raw material costs (e.g., nickel, ceramic substrates) increase by more than 10%
Currency exchange rates fluctuate beyond ±5% from the original quotation date
Government tariffs or export compliance costs change

We will provide 60 days' written notice before implementing any price adjustments.

5. Shipping and Delivery

5.1 Lead Times

Stock Items: 5-10 business days (subject to availability)
Made-to-Order: 4-8 weeks depending on complexity
Custom Engineering: Lead time quoted on a case-by-case basis

Lead times are estimates and not guaranteed. Delays due to force majeure events (natural disasters, pandemics, supply chain disruptions) do not constitute breach of contract.

5.2 Shipping Terms

Unless otherwise agreed:

Domestic (Singapore/China): FOB Factory
International: FCA (Free Carrier) - shipping point
Risk of Loss: Transfers to customer upon delivery to the carrier

5.3 Inspection Upon Receipt

Customers must inspect shipments within 5 business days of receipt. Visible damage or shortages must be reported immediately to both the carrier and EAK.

6. Warranty and Liability

6.1 Limited Warranty

EAK warrants that products will be free from defects in materials and workmanship for a period of 24 months from the date of shipment, provided that:

Products are used within published electrical, thermal, and environmental ratings
Proper mounting, cooling, and installation procedures are followed
No unauthorized modifications or repairs have been made

Warranty Remedy: EAK's sole obligation is to repair or replace defective products at our discretion. Return shipping costs are the customer's responsibility unless the defect rate exceeds 2%.

6.2 Exclusions from Warranty

This warranty does NOT cover:

Normal wear and tear or consumable components
Damage from misuse, abuse, or operation beyond rated specifications
Environmental damage (corrosion, contamination, moisture ingress) unless the product is rated for such conditions
Consequential damages, including but not limited to production downtime, lost profits, or damage to associated equipment

6.3 Disclaimer of Implied Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, EAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6.4 Limitation of Liability

In no event shall EAK's total liability exceed the purchase price of the defective product. EAK is not liable for:

Indirect, incidental, or consequential damages
Loss of data, revenue, or business interruption
Personal injury or property damage (customer must maintain adequate insurance)

This limitation applies regardless of the legal theory (contract, tort, strict liability).

7. Intellectual Property

7.1 Trademarks

"EAK," the EAK logo, and product model designations are trademarks of EAK Electronic Co., Ltd. Unauthorized use is prohibited.

7.2 Technical Documentation

Datasheets, application notes, and CAD models are provided for customer convenience and remain EAK's intellectual property. You may:

Use them internally for product evaluation and design purposes
NOT redistribute, republish, or sell this content to third parties without written permission

7.3 Confidentiality

If you receive proprietary information marked "Confidential" (e.g., unreleased product roadmaps), you agree to:

Maintain confidentiality for 5 years
Limit disclosure to employees with a need-to-know
Not reverse-engineer or attempt to manufacture copycat products

8. Export Compliance

Our products may be subject to export control regulations, including:

US Export Administration Regulations (EAR)
EU Dual-Use Regulation
China Export Control Law

Customers are responsible for:

Obtaining necessary export licenses
Ensuring end-use compliance (no military or nuclear applications without authorization)
Providing accurate "End-User Statements" when requested

EAK reserves the right to deny shipment if export compliance cannot be verified.

9. Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of Singapore, excluding conflicts-of-law principles.

9.2 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration under the Singapore International Arbitration Centre (SIAC) rules. The arbitration shall be conducted in English.

9.3 Exception for Injunctive Relief

EAK may seek injunctive relief in any competent court to prevent intellectual property infringement or breach of confidentiality obligations.

10. General Provisions

10.1 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, government actions, pandemics, supplier failures).

10.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

10.3 Entire Agreement

These Terms, together with the specific Order Confirmation, constitute the entire agreement and supersede all prior negotiations or understandings.

10.4 Amendments

We may update these Terms periodically. Continued use of our services after changes constitutes acceptance. Material changes will be communicated via email to registered customers.

11. Contact Information

For questions about these Terms, please contact:

EAK Electronic Co., Ltd.
Legal Department
Email: legal@eak.sg
Address: 12 WOODLANDS SQUARE #15-78, WOODS SQUARE, SINGAPORE (737715)