Terms and Conditions - Product Sales

Rev 2021.07.7
- 3 -
authorized representative subsequent to Acceptance, any and all information regarding properties and
characteristics of Products or Services are for illustrative purposes and not binding. Likewise, public
statements, recommendations or advertisements do not constitute contractual statements of any nature
including but not limited to the nature or quality of a Product or a Service.
(ii) All terms relating to quantities and time of delivery of Products or Services set forth in
an Acceptance are subject to availability, technical feasibility, and timely delivery of components to PHI by
its suppliers. PHI
reserves the right to deliver Products or perform Services with reasonable deviations
from dimensions, weight, nature or quality of such Products or Services confirmed in any Acceptance. PHI
specifically disclaims any warranty to include specific components in any Product or Service. PHI, in its sole
and absolute discretion, has the right to select the components of each Product or Service in accordance
with technical feasibility and availability.
(iii) Any performance or profitability calculations available to Buyer from PHI’s website or
other marketing materials or documents, or derived from any software program provided by PHI, are
illustrative in nature and not binding upon PHI. Buyer acknowledges, agrees and understands that any
results derived from such calculations may substantially deviate from actual performance or profitability.
(iv) PHI may assign, in whole or in part, the fulfillment of any Buyer’s Order to any third party
in PHI’s sole and absolute discretion and shall have a right, in its sole and absolute discretion, to instruct
such third party on terms of execution. No consent by the Buyer is required therefore.
E. Proprietary Rights. Each Product is protected pursuant to copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties. All right, title and interest in the
intellectual property embodied in a Product and in the methods of manufacturing and assembling the
Product belong solely and exclusively to PHI.
F. Specific Provision Re: Intellectual Property Rights. All Intellectual Property Rights produced
from or arising as a result of the performance of these Terms of Sale shall, so far as not already vested,
become the absolute property of the PHI, and Buyer shall do all that is reasonably necessary to ensure that
such rights vest in PHI by the execution of appropriate instruments, agreements and documents.
G. RoHS (“restriction of hazardous substances”). PHI is aware of the European Union Directive
2002/95/ED (“Directive”) and its requirements on the restriction of the use of certain hazardous
substances in electrical and electronic products and equipment. All internal process material fabrication,
machining and finishing operations controlled by PHI are fully compliant with the Directive. However,
notwithstanding the issuance of an Acceptance of a Buyer’s Purchase Order, if the Buyer specifies the
material and type of finish used, then the Buyer shall be solely responsible for complying with the Directive
since PHI will not have had control over material specification control.
4. Submitted Documents. Subject to any third party rights, PHI reserve all right, title and interest, including
without limitation all intellectual property rights, patent rights, copyrights and trademark rights, in and to
all documents, technical information, images, drawing, calculations and other information provided to
Buyer and any and all intellectual property embedded therein. Without PHI’s express written consent,
Buyer shall not copy any document, technical information, image, drawing or calculation provided by PHI,