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Welcome to the NEW Price Performance Leader
of In Line Load Lock Batch Sputtering Systems
and Thin Film Technology


MAT-VAC Technology, Inc.
Terms and Conditions of Sale and Warranty

  1. Definitions:
    • In these terms and conditions "Buyer" means the customer, "Seller" means MAT-VAC Technology, Inc., herein referred to as "Seller" or "MAT-VAC". "Product" means the goods sold to the Buyer by Seller, and "Sales Contract" means the sales contract of the Products between Buyer and Seller.
  2. Terms and Conditions:
    • The Sales Contract shall be subject to the terms and conditions Stated herein. All other terms or conditions of purchase shall be binding only with the specific written consent by Seller.
  3. Quotation and Order:
    • Unless otherwise specified in writing by Seller, the Quotation for the Products submitted to Buyer is firm for and will expire normally in thirty(30) days after the date of it's issuance. The Sales Contract of the Products quoted will be effective subject to Buyer's issuance of Purchase Order and Seller's acknowledgement of acceptance thereto.
  4. Prices:
    • Unless otherwise specified in writing by Seller, the prices of the Products are exclusive of transportation, insurance, license fees, customs duties or fees, use, excise of similar taxes. Buyer shall pay all such duties or taxes except for the taxes imposed on Seller's net income.
  5. Terms of Payment (PVD Systems):
    1. Domestic - Buyer shall pay for Products. The terms of payment shall be Fifty (50) percent with hard copy purchase order. Forty (40) percent upon pre-shipment inspection approval by the Buyer's personnel at the MAT-VAC facility net (10) days. Ten (10) percent upon net (30) days after shipment date from MAT-VAC.
    2. Foreign - Terms of Payment for non-USA/Canada customers orders are subject to negotiation at time of order placement but in all cases are payable in US funds only.
  6. Delivery:
    • Delivery shall be made F.O.B. Daytona Beach, Florida 32114, USA. Upon date of physical shipment from MAT-VAC facility the title and risk of loss of the Product is passed from Seller to Buyer, and thereafter, the risk of loss of the Product is borne by Buyer. Delivery date as set forth in the Quotation is approximate Only. Upon receipt of the Products, Buyer shall issue a receipt certificate to Seller.
  7. Software License:
    • The software and documentation contained in the Product ("Software"), shall be disclosed to Buyer in confidence and shall be licensed to Buyer for Buyer's internal use only and for the life of the products sold by MAT-VAC. Buyer agrees that the Software is the intellectual and proprietary property of Seller or it's licensor and that the title to, ownership of and copyright of the Software shall remain with Seller or it's licensor. Buyer agrees not to copy, reproduce, reverse engineer, or modify the software and shall not make the Software available to any other Parties by means of sale, lease, rental, license, gift, or otherwise, without prior written consent of Seller. Buyer further agrees not to alter or remove any copyright, trade secret, patent, proprietary and/or other legal notices contained in the Software or any of the related documentation.
  8. Warranty:
    • I - PVD Systems:
      MAT-VAC warrants its equipment to be free of defects in materials and workmanship. This warranty statement does not apply to lamps, LEDs, fuses/circuit breakers, relays, water lines/fittings, gas lines/fittings, Ion gauge tubes, thermo-couple/convectron tubes, oil, filaments, o-rings, filters, targets and other expendable items. Parts that carry a manufacturer's (remanufacturer's) warranty are subject only to that warranty. Parts damaged by improper operation or maintenance procedures and improper utility connections (water, gas, air, electric power input) are not covered. The use of a closed loop water cooling system (water chiller) which creates pressure in excess of MAT-VAC's 60 PSI water pressure specification, may completely void the warranty.
      1. New Subassemblies and Components - One year parts only (NOT LABOR) from date of physical shipment from the facility, excluding remanufactured components (see below) and those components which carry a manufacturer's (remanufacturer's) warranty, as noted above. In the event that a service call by a MAT-VAC field service technician/engineer is required the travel and labor rates as outlined in section 12 below will apply. MAT-VAC service technicians are subject to availability.
      2. Remanufactured Subassemblies and Components - MAT-VAC utilizes remanufactured subassemblies and components in its PVD Systems in order to offer its systems at reduced prices over those of 100% newly manufactured PVD Systems offered by competitor companies. All of these remanufactured subassemblies and components must pass very stringent quality standards. MAT-VAC has learned from experience which remanufactured subassemblies and components can be utilized in its PVD systems without sacrificing and/or compromising the overall quality, utility and value of its PVD systems. Should a customer desire a 100% new PVD system, this can be quoted on a special basis. These remanufactured items carry a warranty of ninety (90) days parts only (NOT LABOR) from date of physical shipment from the MAT-VAC facility, except if they are covered by a remanufacturer's warranty, as noted above. In the event that a service call by a MAT-VAC field service technician/engineer is required the travel and labor rates as outlined in section 12 below will apply. MAT-VAC service technicians are subject to availability.

        Note: In the case of a warranty part(s) claim the customer must first contact MAT-VAC and obtain a Return Material Authorization (RMA) number. Customer is responsible for all shipping charges to and from MAT-VAC. Upon receipt of any returned warranty part(s), MAT-VAC will inspect the item(s) and determine the validity of customer's claim. Under no circumstances will a replacement part(s) be sent to a customer prior to this procedure being followed. For any warranty part(s) claim determined to be valid by MAT-VAC, MAT-VAC will have the option to repair the item(s) or send a replacement to the customer at its sole discretion.

        THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

      II - Other Products:
      1. Sputtering Target & Evaporation Materials - MAT-VAC warrants that all materials will meet the Standard Tolerances published in this web site. There is no warranty for grain size or homogeneity of composition unless specifically agreed to in writing by MAT-VAC on an exception basis.
        Claims must be submitted in writing within 30 days of shipment from MAT-VAC for authorization to return.
        Claims pertaining to target bonding must be submitted within 30 days of shipment from MAT-VAC for authorization to return. User must supply proof that the target bonding plate combination was adequately cooled (operating temperatures at any point not exceeding 60°C) and that proper handling techniques were used at all times.
        MAT-VAC reserves the right to inspect all returned items for verification of customer claims under this warranty policy.
        Payment terms:
        • NET 30 (thirty) days on approved credit (Domestic customers only). Special orders for non-standard sizes and/or compositions may require partial or full prepayment.
        • Prepayment is required on all foreign orders.
      2. Thin Film Coating Services: Normally the specifications of each job are considered on an individual case by case basis. There is no warranty for R&D and/or experimental work.
        Payment terms:
        • NET 10 (ten) days on approved credit (Domestic customers only).
        • Prepayment is required on all foreign orders.
      3. Crucible Liners: MAT-VAC warrants that all such products will meet the dimensional tolerances published in its website. This warranty does not apply to the customer's intended use or application.
        Payment terms:
        • NET 30 (thirty) days on approved credit (Domestic customers only).
        • Prepayment is required on all foreign orders.
      4. New Old Stock (NOS) - original OEM and MAT-VAC Newly Manufactured Clone Replacement  / Spare Equipment Parts – 30 (thirty) days warranty (MAT-VAC’s sole option to repair, replace or fully refund the item’s original purchase price). Parts damaged by failure to observe proper maintenance procedures and / or improper installation or operation are not covered by any warranty. Payment terms may vary depending on item(s) requested. Buyer is responsible for all shipping costs.
        Prepayment is required on all foreign orders.
      5. Surplus and Used Parts / Equipment / Machinery - "as-is", no warranty, no right of return, all sales are final. Payment in full is required prior to shipment. Buyer is responsible for all shipping costs.
      6. Surplus Store - "as-is", no warranty, no right of return, all sales are final. Payment in full is required prior to shipment. Buyer is responsible for all shipping costs.

      ALL PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.

      IN THE EVENT THAT A CREDIT CUSTOMER FAILS TO REMIT PAYMENT WITHIN MAT-VAC's PAYMENT TERMS AS PER THE ABOVE, THIS MAY JEOPARDIZE THEIR CREDIT STATUS AND PREPAYMENT MAY BE REQUIRED ON ALL FUTURE ORDERS.

      PAYMENT BY MAJOR CREDIT CARDS ARE ALLOWED FOR USA/CANADA CUSTOMERS ONLY. SUBMIT YOUR AUTHORIZATION HERE.

      PAYMENT FOR FOREIGN ORDERS MUST BE MADE BY ELECTRONIC FUNDS TRANSFER (EFT) ONLY.

      ON ALL WARRANTY RETURNS THE CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING COSTS TO / FROM MAT-VAC.

      THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  9. Buyer Pre-requisite Training:
    • It is mandatory that the buyer's technical personnel possess formal and practical knowledge in the operation and maintenance of High Vacuum PVD Deposition Systems. Equipment malfunction(s) attributable to buyer's failure to provide properly trained personnel to operate and maintain the MAT-VAC PVD System(s) at MAT-VAC's sole determination may completely void the warranty.
  10. Pre-Shipment Factory Source Inspection and Training:
    • MAT-VAC offers the buyer two (2) days of pre-shipment testing and "hands-on" informal training. Testing, unless otherwise previously agreed to in writing by MAT-VAC, is restricted to the functionality of the software and hardware. The number of buyer's personnel is restricted to two (2) persons. Additional Buyer's personnel can be added at $1,500.00 per individual up to a maximum of six (6) persons. Buyer is responsible for all travel and living expenses while visiting the MAT-VAC factory.
  11. Installation and Startup Assistance:
    • The buyer is responsible to provide for the correct installation and readiness of all utility requirements to the MAT-VAC PVD System. Installation and startup assistance is available at an additional charge basis only (see labor rate schedule as outlined in 12 below).
  12. MAT-VAC On-Site Technical Service Fees:
    • The fee schedule for MAT-VAC technical service(s) at the buyer/customer location (USA/Canada) are:
      1. 100% reimbursement for all travel and living expenses. When company/private (non auto rental) vehicle is utilized for travel, the billing rate is $0.49 per mile to/from customer site.
      2. $100 per hour (per MAT-VAC technician) portal to portal transit time traveling to/from customer location.
      3. $200 per hour (per MAT-VAC technician) actual labor rate, 8 hrs minimum per day during regular business hours (9am to 5pm). This rate will increase to $300 per hour after regular business hours and on Saturday, Sunday and all major holidays. Note: This rate is applicable even if the customer requests that the MAT-VAC engineer(s) remain on "standby" offsite.
      4. Replacement parts not covered under any warranty (see section 8 above) are not included and will be charged to the buyer/customer in addition to the above fees.
        Payment Terms for all of the above: NET 10 (ten) days on approved credit (Domestic customers only).

        Notes:
        1. Multiple on-site visits may be required for problem resolution, as the initial visit(s) may be for troubleshooting / diagnosis and identification of parts required to effect the repair(s).
        2. IN THE EVENT THAT A CREDIT CUSTOMER FAILS TO REMIT PAYMENT WITHIN MAT-VAC's PAYMENT TERMS AS PER THE ABOVE, THIS MAY JEOPARDIZE THEIR CREDIT STATUS AND PREPAYMENT FOR FIELD SERVICE LABOR AND PARTS MAY BE REQUIRED ON ALL FUTURE ORDERS.

      MAT-VAC's In-House labor rate is $100 per hour.
      MAT-VAC service technicians are subject to availability.

  13. Credit Application:
    • To open a credit account with MAT-VAC, please click on the following link: credit application and submit this form to MAT-VAC.
      Note: The process of establishing credit may take 2-3 weeks, so potential credit customers may be required to prepay on their initial order until credit can be established.
  14. Infringement:
    • Seller agrees to indemnify and hold Buyer harmless from and against all damages and cost, including legal fees, which may be accessed Buyer in any claims or action by third partied alleging unlawful acts or omissions to act, such as trademark, copyright, mask works right or patent infringement, where alleged liability of Buyer arises by reason of the Products, provided that Buyer shall Give Seller prompt notice in writing, of such claims or actions instituted against it, and opportunity to elect to take over. Settle or defend the same through counsel of its own choice and under its sole discretion and at its own expense, and will make available so Seller in the event of such election, all defenses against such claims or notions, known or available to Buyer. Seller shall not be liable Buyer shall provide to Seller the same indemnification as set forth above if an infringement has been occasioned by compliance modifications by Seller with Buyer's designs, specification or instructions, or by modifications, improvements, developments or processes made or used by Buyer with respect to Products.
  15. Limitation of Liability:
    • IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF PROPERTY, LOSS OF PROFITS, LOSS OF PRODUCTION DAMAGES, RESULTING FROM THE PRODUCTS OR CAUSED BY INSTALLATION MAINTINANCE OR OTHER PERFORMANCE BY SELLER UNDER THE SALES CONTRACT. WHETHER A CLAIM FOR SUCH DAMAGE IS BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, SELLER'S TOTAL LIABILITY FOR THE CLAIM OF LOSS OR DAMAGE CONCERNING THE SALES CONTRACT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY BUYER TO SELLER FOR THE PRODUCTS OR PARTS INVOLVED IN SUCH A CLAIM.
  16. Confidentiality:
    • Buyer agrees at any time to hold any and all information of a confidential nature regarding Seller's business or affairs, including without limitation, data provided by Seller regarding the design and/or methods of manufacturing of the Products, and not to disclose the same to any person, firm or corporation. The foregoing confidential obligation of Buyer shall not be applicable, if Buyer can demonstrate by and appropriate document that; (i) Information is already generally available to the public; (ii) Information hereafter becomes generally available to the public through no fault of Buyer, (iii) Information hereafter becomes generally known to Buyer prior to disclosure thereof by Seller, or (iv) Information lawfully known to Buyer through a third party.
      MAT-VAC routinely enters into nondisclosure agreements when required to safeguard confidential and/or proprietary customer information.
  17. Cancellation:
    1. Either party may cancel the Sales Contract, (i) if the other party defaults on it's obligation hereunder, or (ii) if the other party shall transfer all or substantially all of its assets; shall be adjudicated bankrupt; shall file voluntary petition for bankruptcy; shall be filed involuntary petition for bankruptcy; shall have a receiver appointed for it; or shall make an assignment for the benefit creditors.
    2. Except for the above paragraph, Buyer shall not cancel the Sales Contract without the prior written consent of the Seller. In such an event Buyer shall pay a cancellation charge determined solely by the Seller (20-80% of the Sales Contract amount) to cover reasonable costs of production or otherwise.
  18. Force Majeure:
    • Neither party hereto shall be liable for the default of any obligation hereunder if such default results from the Force Majeure which includes with limitation governmental acts or directives; strikes; acts of God; war; insurrections; riots or civil disruptions; fires; flooding, hurricanes, or water damage; explosions; embargoes, delays in deliver or failure to obtain or withdrawal of any export license; whether of the kind herein enumerated or otherwise, which are not within the reasonable control of the party affected.
  19. Subject to change:
    1. MAT-VAC Technology's Terms and Conditions of Sale are subject to change and/or modification by "MAT-VAC" without prior notice.
    2. Performance characteristics and specifications are subject to change by "MAT-VAC" without prior notice.
  20. Governing Law:
    • This terms and conditions shall be governed and construed in accordance with the laws of Florida, USA.



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