Terms of Service

3.1 Published Specifications

All product specifications, datasheets, and performance parameters published on Safari Microwave's website (www.safarimw.com) or provided in quotations are provided in good faith and represent typical or guaranteed performance under specified operating conditions. Safari Microwave reserves the right to update published specifications without prior notice; however, any specifications confirmed in a signed sales contract or proforma invoice are binding for that specific Order.

3.2 Specification Compliance & Testing

Safari Microwave subjects all Products to 100% rigorous testing across full assembly, tuning, and test lines prior to shipment. Test reports are available upon request. Performance is guaranteed to meet agreed Specifications under the operating conditions (temperature, frequency, power level, impedance matching) specified in the applicable datasheet or custom design agreement. Performance degradation resulting from operation outside specified conditions is not covered under warranty.

3.3 Custom & Modified Products

Safari Microwave offers custom R&D and design integration services. Custom development projects require a separate written agreement specifying technical requirements, NRE (non-recurring engineering) fees, development timelines, and IP ownership. Custom Specifications must be provided in writing and formally accepted by Safari Microwave's engineering team before production commences. Any subsequent changes to Specifications after production commencement may result in additional charges and revised delivery timelines.

3.4 Product Availability

Safari Microwave supports low minimum order quantities (MOQ) to accommodate diverse procurement needs. Product availability is subject to production capacity and component supply. Safari Microwave will notify Customer promptly of any anticipated supply constraints that may affect confirmed Orders.

4.1 Order Placement & Confirmation

All Orders must be submitted in writing (email, purchase order document, or signed proforma invoice). An Order is considered binding only upon written confirmation by Safari Microwave. Safari Microwave reserves the right to decline any Order at its sole discretion, including Orders that may conflict with export control regulations or that cannot be fulfilled within reasonable commercial parameters.

4.2 Pricing

All prices are quoted in United States Dollars (USD) unless otherwise specified in writing. Quoted prices are valid for thirty (30) calendar days from the date of quotation, unless otherwise stated. Safari Microwave reserves the right to revise pricing after the validity period or in response to material changes in raw material costs, currency exchange rates, or applicable tariffs. Prices do not include applicable taxes, customs duties, import levies, or freight charges unless explicitly stated in the quotation.

4.3 Payment Terms

Standard payment terms are Thirty percent (30%) deposit upon Order confirmation, with the remaining seventy percent (70%) payable before shipment, unless alternative terms are agreed in writing. Safari Microwave accepts payment via Telegraphic Transfer (T/T), Letter of Credit (L/C) at sight from an internationally recognized bank, or other methods mutually agreed in writing. All bank charges and transfer fees are the sole responsibility of the Customer.

4.4 Late Payment

Invoices not paid by the agreed due date shall accrue interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance from the due date until full payment is received. Safari Microwave reserves the right to suspend production, withhold shipment, or cancel outstanding Orders in the event of overdue payments.

4.5 Order Cancellation & Modification

Orders for standard catalog products may be cancelled within seventy-two (72) hours of confirmation without penalty, provided production has not commenced. Cancellations received after production commencement, or for custom/modified products, will be subject to cancellation fees covering incurred NRE costs, materials procured, and a reasonable margin. Modifications to confirmed Orders must be submitted in writing and are subject to Safari Microwave's acceptance and may affect pricing and delivery schedules.

5.1 Delivery Terms

Unless otherwise agreed in writing, all shipments are made on FOB (Free On Board) -- Origin (China) basis in accordance with Incoterms® 2020. Risk of loss or damage to Products transfers to Customer upon delivery to the carrier at Safari Microwave's designated shipping point. Customer is responsible for arranging and paying for freight, marine/cargo insurance, and any import duties or taxes in the destination country.

5.2 Delivery Timelines

Estimated lead times are provided at the time of quotation and confirmed upon Order acceptance. Delivery timelines are estimates only and are not guaranteed unless explicitly stated as a binding commitment in the sales contract. Safari Microwave will make commercially reasonable efforts to meet stated delivery dates. Delays caused by Force Majeure events, export licensing processing, Customer-caused delays (e.g., late payment, late specification approval), or carrier disruptions shall not constitute a breach of contract.

5.3 Partial Shipments

Safari Microwave reserves the right to make partial shipments unless Customer expressly prohibits partial delivery in the Order. Each partial shipment may be invoiced separately, and payment terms apply to each invoice independently.

5.4 Inspection Upon Receipt

Customer must inspect all Products within five (5) business days of receipt and notify Safari Microwave in writing of any visible damage, quantity discrepancies, or non-conformance with the Order. Failure to provide timely written notice shall constitute acceptance of the Products as delivered. Claims for concealed defects must be submitted within the warranty period specified in Section 6.

6.1 Limited Warranty

Safari Microwave warrants that all Products will conform to the agreed Specifications and will be free from defects in materials and workmanship for a period of twelve (12) months from the date of shipment ("Warranty Period"). This warranty applies only to Products operated within their specified environmental and electrical conditions and is non-transferable.

6.2 Warranty Exclusions

The warranty does not cover defects or failures arising from:

• Operation outside specified electrical, thermal, or environmental parameters;
• Physical damage, misuse, unauthorized modification, or improper installation;
• Damage caused during transit after risk has transferred to Customer;
• Electrostatic discharge (ESD) damage due to improper handling;
• Normal wear and tear or cosmetic damage that does not affect performance;
• Products that have been repaired or altered by parties other than Safari Microwave without written authorization.

6.3 Warranty Remedies

Upon receipt and verification of a valid warranty claim, Safari Microwave will, at its sole discretion: (a) repair the defective Product; (b) replace the defective Product with a conforming Product; or (c) issue a credit or refund for the purchase price of the defective Product. These remedies constitute Customer's sole and exclusive remedy for warranty claims.

6.4 Return Merchandise Authorization (RMA)

No Product may be returned without a prior written Return Merchandise Authorization (RMA) number issued by Safari Microwave. Unauthorized returns will be refused. Customer bears all shipping costs for returning Products for warranty evaluation; Safari Microwave will bear return shipping costs for confirmed warranty replacements. Products must be returned in original or equivalent protective packaging to prevent ESD or physical damage during transit.

7.1 Applicable Regulations

All transactions are subject to applicable export control laws and regulations, including but not limited to: the People's Republic of China Export Control Law and related regulations; the U.S. Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS); the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State; the EU Dual-Use Regulation (EC 2021/821); and applicable national export control legislation in the Customer's country.

7.2 Customer Obligations

Customer represents, warrants, and covenants that:

• It will not export, re-export, transfer, or divert Products to any destination, end-user, or end-use prohibited under applicable export control laws without first obtaining all required government authorizations;
• It will not use Products in connection with the development, production, or use of chemical, biological, nuclear, or radiological weapons, or missiles capable of delivering such weapons;
• It is not located in, organized under the laws of, or controlled by any government subject to comprehensive trade sanctions that would prohibit the transaction;
• It will provide accurate end-use and end-user information as required by Safari Microwave for export licensing purposes;
• It will immediately notify Safari Microwave if it becomes aware of any potential violation of export control laws in connection with Products purchased from Safari Microwave.

7.3 End-Use Certification

Safari Microwave may require Customer to provide a signed End-User Certificate (EUC) or equivalent documentation prior to accepting an Order or releasing shipment. Safari Microwave reserves the right to decline any Order where it has reasonable grounds to believe the Products may be used in violation of applicable export control laws, regardless of whether a formal export license denial has been issued.

7.4 License Processing Delays

If an export license or government authorization is required for a specific transaction, Safari Microwave will use commercially reasonable efforts to obtain such authorization. Delivery timelines will be adjusted accordingly, and any resulting delays shall not constitute a breach of contract. If required authorization is denied, Safari Microwave may cancel the affected Order without liability, and any deposit paid for that Order will be refunded.

8.1 Ownership of IP

All intellectual property rights in and to Safari Microwave's Products, designs, circuit topologies, manufacturing processes, software, firmware, datasheets, technical documentation, trade secrets, and know-how ("Safari IP") are and shall remain the exclusive property of Safari Microwave or its licensors. No sale of Products transfers any intellectual property rights to Customer. The purchase of Products grants Customer only a limited, non-exclusive, non-transferable right to use the purchased Products for their intended purpose.

8.2 Restrictions

Customer shall not, and shall not permit any third party to:

• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the design, circuit topology, or manufacturing process of any Product;
• Copy, reproduce, or create derivative works based on Safari IP without prior written authorization;
• Remove, alter, or obscure any proprietary notices, labels, or markings on Products or documentation;
• Use Safari Microwave's name, logo, or trademarks in any marketing materials without prior written consent.

8.3 Custom Development IP

For custom development projects, IP ownership shall be governed by the specific written agreement executed for that project. In the absence of a specific IP agreement, all IP developed by Safari Microwave in connection with a custom project shall remain the property of Safari Microwave, and Customer receives only a non-exclusive license to use the resulting Products. If Customer provides proprietary Specifications or background IP, Customer retains ownership of such Customer IP, and Safari Microwave receives only a limited license to use it for the purpose of fulfilling the Order.

8.4 IP Indemnification by Customer

If Customer provides designs, specifications, or materials for use in custom Products, Customer represents and warrants that such materials do not infringe any third-party intellectual property rights. Customer shall indemnify, defend, and hold harmless Safari Microwave from any claims, losses, or expenses arising from alleged infringement of third-party IP rights resulting from Safari Microwave's use of Customer-provided materials.

9.1 Cap on Liability

To the maximum extent permitted by applicable law, Safari Microwave's total aggregate liability to Customer for any and all claims arising out of or relating to these Terms or any Order, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total invoice value of the specific Order giving rise to the claim. This limitation applies even if Safari Microwave has been advised of the possibility of such damages.

9.2 Exclusion of Consequential Damages

9.3 Critical Applications Disclaimer

Safari Microwave's Products are designed for commercial and professional RF/microwave applications. Unless explicitly certified and agreed in writing, Products are not designed, tested, or authorized for use in life-critical systems where failure could result in personal injury or death, including but not limited to medical devices, life-support systems, or safety-critical aerospace flight control systems. Customer assumes all risk for use of Products in any such applications and shall indemnify Safari Microwave accordingly.

9.4 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by a Force Majeure event. The affected party shall promptly notify the other party in writing of the Force Majeure event and its expected duration. If a Force Majeure event continues for more than ninety (90) days, either party may terminate the affected Order upon written notice, with no liability to either party except for payment obligations for Products already shipped.

10.1 Mutual Confidentiality Obligation

Each party agrees to hold the other party's Confidential Information in strict confidence, to use such Confidential Information solely for the purpose of evaluating or fulfilling the commercial relationship contemplated by these Terms, and not to disclose such Confidential Information to any third party without the prior written consent of the disclosing party. This obligation shall survive termination or expiration of any Order or agreement for a period of five (5) years.

10.2 Scope of Confidential Information

Confidential Information includes technical specifications, design files, pricing, business strategies, customer lists, manufacturing processes, test data, and any information marked as "Confidential" or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.

10.3 Custom Project NDA Requirement

For custom development engagements involving the exchange of detailed technical specifications, circuit designs, or proprietary system integration requirements, the parties shall execute a separate Mutual Non-Disclosure Agreement (MNDA) before any such information is shared. Safari Microwave's standard MNDA template is available upon request.

11.1 Governing Law

These Terms and all transactions between Safari Microwave and Customer shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply unless both parties expressly agree otherwise in writing.

11.2 Amicable Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any Order, the parties shall first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by providing written notice of the dispute. The parties shall have thirty (30) calendar days from receipt of such notice to attempt to reach a mutually acceptable resolution.

11.3 Arbitration

If the dispute cannot be resolved through negotiation within the period specified above, it shall be finally settled by binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-current arbitration rules. The seat of arbitration shall be Beijing, China. The arbitration shall be conducted in the English language. The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction. Each party shall bear its own legal costs unless the arbitral tribunal orders otherwise.

11.4 Interim Relief

Nothing in this Section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights or confidential information, pending the resolution of any dispute through arbitration.

12.1 Entire Agreement

These Terms, together with any applicable signed sales contract, proforma invoice, or custom development agreement, constitute the entire agreement between Safari Microwave and Customer with respect to the subject matter hereof, and supersede all prior negotiations, representations, warranties, and understandings, whether written or oral. In the event of conflict between these Terms and a separately executed sales contract, the terms of the sales contract shall prevail to the extent of the conflict.

12.2 Amendments

Safari Microwave reserves the right to update or modify these Terms at any time. Updated Terms will be posted on Safari Microwave's website with a revised effective date. For Orders placed after the effective date of any revision, the revised Terms shall apply. For Orders already confirmed prior to a revision, the Terms in effect at the time of Order confirmation shall govern that Order.

12.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

12.4 Waiver

No failure or delay by Safari Microwave in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach shall not be construed as a waiver of any subsequent breach.

12.5 Assignment

Customer may not assign, transfer, or delegate any rights or obligations under these Terms or any Order without the prior written consent of Safari Microwave. Safari Microwave may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets without Customer's consent. Any attempted assignment in violation of this section shall be void.

12.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed duly given when: (a) delivered personally; (b) sent by internationally recognized courier service with written confirmation of delivery; or (c) sent by email with confirmation of receipt by the receiving party. Notices to Safari Microwave shall be addressed to: sales@safarimw.com. Notices to Customer shall be sent to the contact information provided at the time of Order placement.

12.7 Anti-Corruption & Ethical Business Conduct

Both parties represent and warrant that they comply with all applicable anti-bribery and anti-corruption laws, including but not limited to the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, and equivalent PRC legislation. Neither party shall offer, promise, give, or accept any improper payment or benefit in connection with any transaction under these Terms.

12.8 Language

These Terms are drafted in the English language. In the event of any conflict between an English version and any translation, the English version shall prevail. For Customers in regions where local language requirements apply, Safari Microwave may provide translated summaries for reference purposes only; the English version remains legally authoritative.