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XEN1220 Release

Posted 03/07/2013

Sensixs Design has now released the XEN1220, a ratiometric differential Hall sensor.


 

 

Conditions
  1. Purpose. This document sets forth the sole basis upon which SENSIXS DESIGN B.V. ("SENSIXS") is willing to and, if agreed to by you, the purchaser ("Customer"), does hereby contract with Customer regarding the purchase and resale of SENSIXS Products (as defined herein). Further, this document defines the scope of those rights licensed to Customer by SENSIXS, unless both parties have signed a separate agreement, in which case the separate agreement shall govern. No order for SENSIXS Products shall be deemed accepted by SENSIXS unless the terms of this document are agreed to by Customer. By accepting delivery of SENSIXS Products, Customer agrees to be bound by and accepts these terms and conditions.
  2. Definitions. "SENSIXS Products" shall mean the magnetic sensors and evaluation modules; associated ASIC's; and single chip sensors offered for sale by SENSIXS that make use of any or all of the SENSIXS Technology.  
  3. Prices. Prices for SENSIXS Products are set forth in the attached quote or proposal. If no price is stated, the price is that specified in the then current applicable SENSIXS Price List at the time of order acceptance. If Customer does not purchase the quantity upon which these quoted prices are based, Customer will pay the price stated in the Price List for the quantity actually acquired. Prices quoted exclude taxes. Unless Customer provides SENSIXS with a valid and correct tax exemption certificate applicable to the ship-to location designated by Customer prior to SENSIXS's acceptance of the order, Customer will pay any tax, (and any related interest or penalty) however designated or imposed with respect to the Product sold.
  4. Terms of Payment and Security Interest.              a. Terms of payment are prepaid; however, SENSIXS may extend net thirty (30) days from date of invoice on approved credit. All sales are subject to the prior approval of SENSIXS. SENSIXS may require a Letter of Credit in a form and by a bank acceptable to SENSIXS.        b. If at any time the financial condition of Customer so warrants, or if Customer fails to make payment(s) when due, or defaults in any way, SENSIXS may either alter terms of payment, suspend credit and delay shipment or pursue any remedies available at law or under this Agreement. In such event, SENSIXS will be entitled to reimbursement from Customer for its reasonable expenses, including attorney's fees. SENSIXS may charge the lesser of 1 1/2% per month or the highest lawful monthly contract rate on overdue accounts.        c.    Customer hereby grants SENSIXS a security interest in the Product and in any proceeds (including accounts receivable) as security for its obligations hereunder until the entire amount due has been paid and will execute any document to perfect this security interest that SENSIXS requests.
  5. Title and Delivery.            a.   All shipments by SENSIXS are Ex Works SENSIXS Factory. Title to SENSIXS Products and risk of loss or damage pass to Customer upon delivery to carrier at shipping point. Customer will pay all transportation, duties, and insurance charges. SENSIXS will use the carrier chosen by Customer as instructed to SENSIXS in writing. In the absence of written instructions to the contrary, SENSIXS, on behalf of Customer, will select the carrier but will not be deemed thereby to assume any liability in connection with the shipment nor will the carrier be construed as an agent of SENSIXS. Claims for loss or damage must be made to carrier within ten (10) days after arrival at destination. Customer may make a claim for shortage of product delivered to carrier directly to SENSIXS within seven (7) days.            b.       Delivery dates set forth in SENSIXS's order acknowledgement are estimates only. SENSIXS will make reasonable efforts to deliver in accordance with these dates; however, SENSIXS will not be liable for a reasonable delay of the estimated delivery date.            c.        In the event of Product shortages, for any reason whatsoever, SENSIXS may allocate Product among its Customers at its discretion.
  6. Orders, Forecast, Cancellation, Rescheduling. For any order for SENSIXS Products, SENSIXS may require minimum and/or round lot sizes. For all orders, Customer shall supply SENSIXS with a confirmed shipment schedule. If Customer (i) cancels all or part of any order, (ii) fails to meet any obligation hereunder, causing cancellation or rescheduling of any order or portion thereof, or (iii) requests a rescheduling of scheduled Product and the request is accepted by SENSIXS, Customer agrees as follows:      a.        Cancellation: Customer may not cancel any order or portion thereof within thirty (30) days of the date scheduled for shipment. Upon written notice to SENSIXS, Customer may cancel any order for SENSIXS Products scheduled for shipment beyond sixty (60) days after SENSIXS receives Customer's cancellation notice. Customer will pay as a cancellation charge, ten percent (10%) of the purchase price for each cancelled SENSIXS Product scheduled for shipment between thirty-one (31) and ninety (90) days from date of receipt by SENSIXS of Customer's cancellation notice. Customer will be liable for any quantity price adjustment resulting from such cancellation. Cancellations by Customer will not be accepted by SENSIXS for any nonstandard SENSIXS Products. Orders are non-cancelable after Product shipment.         b.       Rescheduling: Customer may reschedule SENSIXS Products scheduled for shipment beyond thirty (30) days after SENSIXS receives Customer's request for reschedule. Product may only be rescheduled once and no reschedules will exceed sixty (60) days from the originally scheduled ship date. Once an order has been rescheduled it is noncancelable.   
  7. Warranty. SENSIXS warrants that each SENSIXS Product to be delivered hereunder, if properly used, will be free from defects in material and workmanship and will operate in accordance with SENSIXS's published specifications and documentation for the Product in effect at time of order acceptance (Subject to Paragraph 12 hereof), if operated as directed by them for ninety (90) days following the date of shipment unless a different warranty time period for such Product is specified: (i) in SENSIXS's Price List in effect at time of order acceptance; or (ii) on SENSIXS's web site (http://www.sensixs.nl) at time of order acceptance. This warranty will be void if the products, serial number or other identification marks have been defaced, damaged or removed. This warranty does not cover wear and tear due to normal use, or damage to the product as the result of improper usage, neglect of care, alteration, accident or unauthorized repair
  8. THE ABOVE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. SENSIXS NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY. If any SENSIXS Product furnished hereunder fails to conform to the above warranty, Customer's sole and exclusive remedy and SENSIXS's sole and exclusive liability will be, at SENSIXS's option, to repair, replace or credit Customer's account with an amount equal to the price paid for any such Product which fails during the applicable warranty period provided that: (i)Customer promptly notifies SENSIXS in writing that such Product is defective and furnishes an explanation of the deficiency; (ii) such Product is returned to SENSIXS's service facility at Customer's risk and expense; and (iii) SENSIXS is satisfied that claimed deficiencies exist and were not caused by accident, misuse, neglect, alteration, repair, improper installation or improper testing. The warranty excludes all cost of shipping, customs clearance and other related charges. SENSIXS will have a reasonable time to make repairs or to replace Product or to credit Customer's account. SENSIXS warrants any such repaired or replacement product to be free from defects in material and workmanship on the same terms as the product originally purchased. 
  9. Limitation Of Liability. IN NO EVENT WILL SENSIXS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, IRRESPECTIVE OF WHETHER SENSIXS HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL SENSIXS'S TOTAL LIABILITY TO CUSTOMER EXCEED THE SUM PAID TO SENSIXS BY CUSTOMER FOR THE PRODUCT SOLD HEREUNDER. 
  10. Use In Critical Systems Prohibited. SENSIXS PRODUCTS ARE NOT DESIGNED, INTENDED OR AUTHORIZED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR, OR OTHER APPLICATIONS IN WHICH THE FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. IF CUSTOMER USES OR SELLS THE PRODUCTS FOR USE IN ANY SUCH APPLICATIONS: (1) CUSTOMER ACKNOWLEDGES THAT SUCH USE OR SALE IS AT CUSTOMER'S SOLE RISK; (2) CUSTOMER AGREES THAT SENSIXS IS NOT LIABLE, IN WHOLE OR IN PART, FOR ANY CLAIM OR DAMAGE ARISING FROM SUCH USE; AND (3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD SENSIXS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE. 
  11. Product Changes. SENSIXS will make no changes to the specifications or manufacturing processes that affect form, fit, or function of the product without written notice to the Customer. Customer shall be solely responsible for passing on any such notice to its customers and end users of the product. SENSIXS may at any time, without notice, make minor changes to specifications or manufacturing processes that do not affect the form, fit, or function of the product. 
  12. Force Majeure. SENSIXS will not be liable for any failure to perform due to unforeseen circumstances or causes beyond SENSIXS's reasonable control, including, but not limited to, acts of God, war, terrorism, riot, embargoes, acts of civil military authorities, delay in delivery or inability to deliver by SENSIXS's vendors due to vendor force majeure, fire, flood, accident, strikes, or inability to secure transportation, fuel, or energy. In the event of force majeure, SENSIXS's time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby. 
  13. Export Restrictions and Controls. Customer shall obtain all licenses, permits and approvals required by any government and shall comply with all applicable laws, rules, policies and procedures of the applicable government and other competent authorities. Customer will indemnify and hold SENSIXS harmless for any violation or alleged violation by Customer of such laws, rules, policies and procedures. Customer shall not transmit, export or re-export, directly or indirectly, separately or as part of any system, the Products or any technical data (including processes and services) received from SENSIXS, without first obtaining any license required by the applicable government, including without limitation, the United States Government and/or any other applicable competent authority. Customer also certifies that none of the products or technical data supplied by SENSIXS will be sold or otherwise transferred to, or made available for use by or for, any entity that is engaged in the design, development, production or use of nuclear, biological or chemical weapons or missile technology. SENSIXS shall not be liable for anything arising from non-compliance, compliance, or efforts to comply, with export control laws in any jurisdiction. 
  14. Assignment. Customer may not assign any rights or delegate any duties hereunder without the prior written approval of SENSIXS and any attempt to assign any rights, duties or obligations hereunder without SENSIXS's written consent will be void. SENSIXS may assign all or any part of its rights to payment without Customer's consent and may assign all its rights and delegate all its duties in connection with the transfer of all or substantially all its assets or business. 
  15. Entire Agreement. These terms and conditions of this document and those referenced herein constitute the entire agreement between the parties and it supersedes and merges all prior discussions between the parties relating to the subject matter hereof. 
  16. Other Documents. The terms and conditions of this document may NOT be altered, supplemented, or amended by the preprinted terms of any purchase order or other Customer document. Any such attempt to alter, supplement or amend this document will be null and void. SENSIXS's failure to object to any specific provision inserted in a document or communication from Customer shall not be deemed an acceptance of such provision or a waiver of the terms and conditions of this document. Should Customer object to or wish to add to any of the terms or conditions of this document, Customer must specifically make such objection or addition in a writing addressed to SENSIXS promptly following receipt of this document. Unless such objection or addition is specifically agreed to in writing by SENSIXS prior to the delivery to Customer of any SENSIXS Products, it shall be deemed waived and not binding on SENSIXS.
  17. Governing law, jurisdiction. This document and any purchases of SENSIXS Products covered by it shall be governed by the laws of the Netherlands, without regard to conflicts of laws rules. Any legal action related to this document and any purchases of SENSIXS Products covered by it shall be brought in the courts of Netherlands situated there.