Terms of Use,Help

Introduction

This is a binding contract between you and Fiberbuy. By accessing and using the Site, you accept and agree to be bound by these Terms, including the Fiberbuy policies referenced and incorporated herein. You may not access or use the Site or any of the features available through the Site unless you agree to these Terms. Please read these Terms carefully. You may not proceed to the Site until you have read these Terms and accepted them. Your use of the Site constitutes acceptance of these Terms.

Fiberbuy may periodically modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site.

Products, Solutions, and Services

We provide optical technology products (including transceivers, cables, accessories, and etc.), optical technology solutions based on those products, and related services through the Site. Through the Site, you can purchase products for personal or business use by adding products to the shopping cart, checking out and making payment using one of the payment methods below to conclude the order. A confirmation email will be sent to the email address you provide.

You can also purchase products and solutions for resale, for example, customized label or package solutions for resale, upon authorization from Fiberbuy. Contact us for custom or special orders. Unless otherwise provided in writing, these Terms will apply to such orders.

The products, solutions, services, and content available through the Site are subject to change and, in some cases, may be subject to additional terms. Fiberbuy will notify you of these additional terms in connection with the applicable product or service. Some of the features of the Site may require you to create a user account, and if you access the Site through a mobile network provider’s messaging, data and other fees may apply.

Personal Information

We may collect certain information, including personal information such as name and address, from you to properly operate the Site, to register your user account, to fulfill purchase orders, or to schedule service appointments, if applicable, or to enable certain features on the Site. Please review our Privacy Policy regarding our collection and use of your information.

Price and Payment

We offer the products and solutions on the Site at published or quoted prices. These prices are subject to the following: (a) published prices are subject to change without notice; (b) shipments will be billed at the prices in effect on the date of Fiberbuy’ acceptance of your order or the prices in effect on the date of the shipment; and (c) published or quoted prices may include or do not include taxes, duties, insurance, or shipping cost under the actual circumstances or policies, and you are responsible for paying any applicable tariff or import fee for customs clearance.

You agree to provide accurate billing information when you make payments for purchased products, solutions, or services. For example, your billing name and address must match the information that appears on your payment card. We reserve the right to cancel any order without advance notice to you if we suspect that you provided erroneous information or if we suspect a fraudulent transaction. We will handle any personal information you provide to us directly in accordance with our Privacy Policy .Depending on your method of payment, other third-party privacy policies may apply to the extent you provide personal data to third parties.

You may correct an order as long as the order has not entered the dispatch process by informing us promptly after you place the order. However, you may not cancel an order once we begin processing the order, or please contact us for further checking. In addition, any order containing customizations or other special accommodations cannot be changed or cancelled after we begin processing the order.

Further information is available at Payment Methods.

Delivery Terms

Fiberbuy will ship purchased products within a commercially reasonable period to the address specified in your order. You agree that any delivery date for products stated in the order, or otherwise in writing, is an estimate, and Fiberbuy will not be liable for failure to deliver the products by that date. However, Fiberbuy will make commercially reasonable efforts to ensure that your ordered products are shipped and delivered by the estimated delivery date. In order to meet the delivery date, your ordered products may be shipped in multiple packages. We may charge you additional fees if you need to change the shipping address for your order. Any delay, loss or of damage to shipped products during transportation, Fiberbuy will not be responsible for that, but please inform your account manager at the first moment. We may guide you about the remedy procedures. Contact us if you have questions about your order.

Warranty; Returns; Limited Remedy

We warrant that, for the applicable warranty period for the purchased products provided in the Warranty Policy (“Warranty Period”), new products will be free of defects in materials and workmanship and will substantially conform to the intended design of the product when used under normal conditions and in accordance with any accompanying documentation for such products. This warranty (“Standard Warranty”) applies only to new products and the Warranty Period will not be extended due to any replacement, repair, refurbishment, or modification to the products. This Standard Warranty will apply only to you as the original purchaser of the products unless you execute an agreement with Fiberbuy to resell the products, in which case, the warranty terms (if any) in such agreement will apply. This warranty is subject to the following exclusions:

* Any parts supplied by, or service performed by, a third party regarding any purchased products unless such third party is authorized by Fiberbuy;
* Damage to products caused by your failure to use products for the intended purpose or otherwise to comply with applicable documentation, including failure to maintain appropriate operating environment for the products or perform any required maintenance de scribed therein;
* Damage to products caused by accident, abuse, misuse, acts of God, your negligence, or other external causes; and Any other exclusions provided in the Warranty Policy.

Timing of Warranty Claim

You must notify Fiberbuy in writing of product defects detectable at the time of inspection within 30 days following delivery of the products. If you do not notify us within that period, then the delivered products will be deemed accepted by you. Notice of product defects you detect after the 30day period but during the applicable Warranty Period must be reported to Fiberbuy in writing as soon as practicable.

Limited and Exclusive Remedy

Disclaimer of Other Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE STANDARD WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. FIBERBUY DIS CLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW, FIBERBUY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD AND THE LIMIT ED REMEDY DESCRIBED IN THIS SECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FIBERBUY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED. IN NO EVENT WILL FIBERBUY BE LIABLE FOR ANY SUM GREATER THAN THE PURCHASE PRICE RECEIVED BY FIBERBUY FOR THE RELEVANT PRODUCT(S). FIBERBUY WILL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST YOU AND / OR THIRD-PARTY CLAIMS AGAINST FIBERBUY, EVEN IF SUCH CLAIMS ARE IN CONNECTION WITH THE PRODUCTS, SOLUTIONS, OR DELIVERABLES DELIVERED HEREUNDER.

Site Access

The Site will be available for access to the general public. However, we do not guarantee that the Site will be accessible at all times with out interruption. Your access to the Site may be temporarily suspended due to system errors, maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to or use of the Site at our sole discretion and without prior notice to you if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to or use of the Site.

Indemnification

You agree to indemnify, defend, and hold Fiberbuy, its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from (a) your infringement of any third-party's rights, including intellectual property rights, or (b) your violation of these Terms or any activity related to use of the Site by any party on your behalf.

Third-Party Links

The Site may provide links and information, content, and services offered by, or maintained by, third parties. If you decide to access or use any third-party materials or websites, you do so exclusively at your own risk and you waive and release Fiberbuy from all claims associated with them. Your use of such third-party sites is subject to each website’s privacy policy, conditions of use, and other terms. You are solely responsible for reading and complying with them.

Communications and Feedback

We welcome your feedback and comments on the Site. You acknowledge that in your communications with us, unless we specifically state so, we do not solicit or desire to receive any confidential, secret, or proprietary information from you. You agree that any suggestions, comments, content, feedback, or ideas (“Your Content”) you submit to us relating to our products, solutions, or services will be treated as non-confidential and we will not assume any responsibility, obligation, or liability for such information.

By submitting or sending Your Content to Fiberbuy, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to reproduce, distribute, publish, modify, publicly perform, prepare derivative works based upon, and otherwise use or exploit, Your Content. You represent and warrant that you have the right to make the foregoing grant and that Your Content is accurate and does not infringe any right of any third party.

Export and Import Licenses

Products and technical know-how supplied by Fiberbuy are intended for use and to remain in the country of delivery in the order. If you pur chase products from Fiberbuy for resale, you agree that if you intend to export such products, you may be required to obtain appropriate licenses and you will be subject to the trade laws and regulations of the applicable country of delivery. You are responsible for obtaining any necessary license(s) from the appropriate foreign trade authorities before exporting purchased products. You agree and acknowledge that Fiberbuy has no liability whatsoever for your export of such products.

General

These Terms are provided in English and will be interpreted in English. These Terms, together with all referenced Fiberbuy policies herein and the terms of any custom or special order between you and Fiberbuy, constitute the entire agreement (“Agreement”) between you and Fiberbuy concerning your use of the Site and purchase of products, solutions, or services. This Agreement supersedes any prior agreements between you and Fiberbuy regarding your use of the Site or purchase of Fiberbuy products, solutions, or services.