Measurement Computing wants visitors to its Web site to feel comfortable that we are only
collecting necessary information, and that we will store this information in a secure manner.
Additionally, Measurement Computing wants to assure Internet visitors that their information
will not be misused via widespread dissemination or resale. Finally, visitors to our Web
site may contact Measurement Computing for information on, or adjustments to, any personal
data that we have collected.
What information is being collected:
Web sites owned and maintained by Measurement Computing its parent company, or affiliates
e-commerce transactions. Our cookies never contain your credit card information. We do
and users interest. Visitors may configure their browsers to reject cookies, but doing
so will disable some Web site features or pages. Cookies may also be deleted after each
visit. To increase user satisfaction by limiting repeated registrations, cookies are valid
for only 90 days from the last visit prior to automatic expiration.
Information, Literature, and Product Request Forms
Measurement Computing Web sites include forms that visitors can use to request literature
and information. Use of these forms is voluntary; individuals who do not want Measurement
Computing to collect such information should not submit the forms. Measurement Computing
collects the information in the forms to fulfill the literature and information requests
to the visitors. Measurement Computing may also use this information periodically to contact
the visitors with product information and special offers. If you do not want to be contacted
periodically for these purposes, please send an email to
request that we not contact you in the future.
Measurement Computing may share your contact information with our representatives and
distributors so that they, as agents of Measurement Computing, may contact you about your
interest in Measurement Computing products. Measurement Computing will not share your
information with any third parties. We do not sell or trade mailing lists, so you will not
be contacted by other organizations about other products and services.
When a person submits a form, Measurement Computing may attempt to determine, via IP correlation,
what key word(s), if any, that person entered into a search engine to find the Measurement Computing
Measurement Computing may determine the geographic location of a visitor to ensure that the visitor
receives correct pricing and purchase information for his or her country.
Measurement Computing may compile data concerning visitors’ locations, browsers, frequency of visits,
ISPs, etc., to study usage patterns on Measurement Computing Web sites. This information is examined
only in the aggregate, and is not used to identify any individual visitor unless that visitor has
voluntarily submitted information to Measurement Computing.
Measurement Computing is committed to data security. Literature and information requests are
processed daily, so visitor information is quickly removed from Measurement Computing Web
servers. E-commerce orders are typically placed via a secure server and processed promptly.
Personal and transaction data are not aggregated on Measurement Computing Web servers. Data
collected on the Web are either imported to our internal databases electronically, or through
careful manual entry, to ensure the quality of submitted data. Our internal databases are shielded
from the Internet via firewalls and other security measures, preventing even casual access from
Contact Measurement Computing
If you believe there is an error in your personal data in Measurement Computing databases, or
you do not wish to be contacted periodically by Measurement Computing, please contact
If you have additional questions or concerns about Measurement Computing’s Internet Privacy
Policy, please contact:
10 Commerce Way
Norton, MA 02766
Copyrights & Trademarks
The following are trademarks of Measurement Computing Corporation
Measurement Computing Corporation, IOtech, Out-of-the-Box, ChartView, DaqBoard, DaqBoard/1000, DaqBoard/1005, DaqBoard/2000, DaqBoard/2001, DaqBoard/2005, DaqBoard/3000, DaqBoard/3001, DaqBoard/3005, DaqBoard/3006, DaqBoard/3001USB, DaqBoard/3005USB, DaqBoard/3031USB, DaqBoard/3035USB, DaqBook, DaqBook/2000, DaqBook/2001, DaqBook/2005, DaqBook/2020, DaqBook/3000USB, DaqCOM, DaqLab, DaqLab/2000, DaqLab/2001, DaqLab/2005, DaqOEM, DaqOEM/2001, DaqOEM/2005, DaqScan, DaqScan/2000, DaqScan/2001, DaqScan/2005, DaqTemp14A, DaqView, DBK1, DBK2, DBK4, DBK5, DBK7, DBK8, DBK9, DBK10, DBK11A, DBK15, DBK16, DBK17, DBK18, DBK20, DBK21, DBK23, DBK24, DBK25, DBK30A, DBK32A, DBK34A, DBK40, DBK41, DBK42, DBK43A, DBK44, DBK45, DBK46, DBK48, DBK50, DBK51, DBK55, DBK60, DBK65, DBK70, DBK80, DBK81, DBK82, DBK83, DBK84, DBK85, DBK90, DBK200, DBK202, DBK203A, DBK206, DBK207, DBK207/CJC, DBK208, DBK209, DBK210, DBK213, DBK214, DBK215, DBK601, DBK602, DBK604, DBK605, DBK606, DBK607, DBK608, Digital488/80A, Exp/10A, Exp/11A, eZ-Analyst, eZ-Balance, eZ-NDT, eZ-TOMAS, HVCX1, Isolator488, LBK1, LogBook/300, LogBook/360, LogBook/GPS, LogBook/Modem, LogView, MEMX4, MEMX7, MHV/24X, Micro488A, Micro488/p, MTC/24, MultiScan/1200, NDTHammer1, NDTMansys, NDTRelay2, PDQ1, PDQ2, PDQ10, PDQ11, PDQ12, PDQ30, Personal Daq/54, Personal Daq/55, Personal Daq/56, Personal Daq/3000, Personal Daq/3001, Personal Daq/3005, Personal DaqView, PidPRO, PlotterX Plus, PostView, Serial488A, Serial488/4, StrainBook/616, TempScan/1100, TempRTD/16B, TempV/32B, TempTC/32B, TracerDAQ, TracerDAQ PRO, Universal Library, ViewXL, WaveBook, WaveBook/512A, WaveBook/516A, WaveBook/516E, WaveView, WBK10A, WBK11A, WBK12A, WBK13A, WBK15, WBK16, WBK16/SSH, WBK17, WBK18, WBK30, WBK40, WBK41,WBK61, WBK62, ZonicBook, ZonicBook/618E
The following are trademarks or registered trademarks of their respective holders:
Microsoft®, Visual Basic®, Visual Studio®, ActiveX®, Excel®, Visual C++®, Visual C#®, Windows, Windows Vista—Microsoft Corp.
Bluetooth®—Bluetooth SIG, Inc.
DASYLab®—National Instruments Ireland Resources Limited
Linux®—Linus Torvalds in the United States and other countries
XBee® and XBee-PRO®—Digi International Inc.
All other trademarks are the property of their respective holders.
Specifications and prices are subject to change without notice.
This World Wide Web Site copyright Measurement Computing Corporation © 2017. All Rights Reserved.
Terms & Conditions
— Available in PDF format
The terms and conditions detailed herein (“Agreement”) apply to your (“Customer”) purchase from MCC of MCC hardware (“Hardware”), licenses to use MCC software (“Software”), and Non-MCC Branded Products (collectively the “Product(s)"), as well as MCC hardware and software services and support ("Services"). MCC means the National Instruments affiliate identified on the Quote, order acknowledgement, or invoice, or in the absence of an identified National Instruments affiliate, then National Instruments Corporation. THIS AGREEMENT SHALL APPLY UNLESS CUSTOMER AND MCC HAVE ENTERED INTO A SEPARATE SIGNED AGREEMENT APPLICABLE TO THE PURCHASE OF THE PRODUCTS OR SERVICES. By placing an order with MCC, Customer agrees to be bound by the terms of this Agreement. MCC EXPRESSLY OBJECTS TO AND REJECTS ANY TERMS AND CONDITIONS IN CUSTOMER’S PURCHASE ORDER OR OTHER SIMILAR DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PROMPTLY NOTIFY MCC AND RETURN THE PRODUCT UNUSED IN ITS ORIGINAL PACKAGING TO MCC.
1. PRICES AND ORDERS.
Prices are set forth in the quotation issued to Customer (“Quote”). All Quotes expire thirty (30) days from date of issuance, unless otherwise stated in the Quote. All orders are subject to acceptance at the sole discretion of MCC. Orders will be considered accepted once MCC books an order and sends Customer a sales order acknowledgement. MCC shall not be bound by changes to an order unless agreed by MCC in writing. MCC reserves the right to cancel any order if any information provided by Customer to MCC is inaccurate.
2. PAYMENT AND INVOICING.
Payment is due at the time the order is placed. If Customer is approved for credit, payment shall be due within thirty (30) days from the date of invoice (“Invoice Date”). Payment shall be in the currency listed on the MCC invoice. All sums not paid when due shall accrue interest daily at a monthly rate of the lesser of 1.5% or the highest rate permissible by law. If there are multiple units in an order, each unit will be invoiced when shipped.
3. DELIVERY, TITLE and RISK OF LOSS.
Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from MCC, its warehouses, or its affiliated companies; provided however, MCC retains a security interest and right of possession in the Products until Customer makes payment in full. For orders to be delivered within the same country as the MCC entity accepting the order, MCC will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice. If Customer chooses to arrange for shipping or if the order is placed with an MCC entity outside the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance. Shipment dates provided by MCC are estimates only, and MCC shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to MCC in writing within forty-five (45) days of Invoice Date.
Prices exclude, and Customer is responsible for, any sales, use, service, value added, and like taxes (“Taxes”) arising from the purchase of the Products and Services. If Customer is exempt from any Taxes, it must provide MCC with the appropriate tax exemption documentation at the time the order is placed.
Software is licensed pursuant to the software license agreements provided with the software or, in the absence of such license agreements, the National Instruments Software License Agreement available at http://www.ni.com/legal/
at the time of purchase. All software is licensed, not sold, and title to the software remains with the applicable licensor(s).
6. RETURN POLICY.
Customer may return standard Products within thirty (30) days of the Invoice Date. MCC reserves the right to charge Customer a fifteen percent (15%) restocking fee for any Products returned to MCC. No returns will be accepted after the thirty (30) day period has expired. A Return Material Authorization (RMA) number is required for Customer to return any Products. Acceptance of returns of customized Products and Non-MCC Branded Products is in the sole discretion of MCC.
7. Limited Warranty.
MCC hardware Products are warranted against defects in materials and workmanship for one year from the date MCC ships the Products to Customer (“Delivery Date”). Any products found to be defective in material or workmanship will be repaired, replaced with same or similar device, or refunded at MCC’s sole discretion. All software Products are licensed to Customer under the terms of the appropriate Measurement Computing license. For a period of ninety (90) days from the Delivery Date, MCC software Products (when properly installed with MCC hardware Products) (a) will perform substantially in accordance with the accompanying written materials, and (b) the medium on which the software product is recorded will be free from defects in materials and workmanship under normal use and service. Customer must obtain a Return Material Authorization number from MCC before returning any Products under warranty to MCC. Customer shall pay expenses for shipment of repaired or replacement Products to and from MCC. After examining and testing a returned product, if MCC concludes that a returned product is not defective, Customer will be notified, the product returned at Customer's expense, and a charge made for examination and testing. This Limited Warranty is void if failure of the Products has resulted from accident, abuse, misapplication, improper calibration by Customer, Customer supplied third party software not intended for use with the applicable MCC software, utilization of an improper hardware or software key or unauthorized maintenance or repair. MCC's sole obligation (and Customer's sole remedy) with respect to the foregoing Limited Warranty shall be to, at its option, return the fees paid or repair/replace any defective Products, provided that MCC receives written notice of such defects during the applicable warranty period. Customer may not bring an action to enforce its remedies under the foregoing Limited Warranty more than one (1) year after the accrual of such cause of action. THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE CUSTOMER’S SOLE REMEDIES, AND SHALL APPLY EVEN IF SUCH REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
8. NO OTHER WARRANTIES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND MCC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. MCC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MCC DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
9. WARNING AND CUSTOMER INDEMNITY.
CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. MCC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGH-RISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD MCC HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE PRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, INCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF MCC.
10. SYSTEM AND APPLICATION RESPONSIBILITY AND ADDITIONAL INDEMNITY.
CUSTOMER ACKNOWLEDGES THAT IT IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY AND RELIABILITY OF THE PRODUCTS OR SERVICES WHENEVER THE PRODUCTS OR SERVICES ARE INCORPORATED IN ITS SYSTEM OR APPLICATION, INCLUDING THE APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION. FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES WHEN PRODUCTS AND SERVICES ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD MCC HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S INCORPORATION OF THE PRODUCTS OR SERVICES INTO ITS SYSTEM OR APPLICATION, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF MCC.
11. INTELLECTUAL PROPERTY LIABILITY.
MCC agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any U.S. patent, copyright, or trademark (“Claim”). Customer shall notify MCC immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, shall grant MCC sole control over the defense and settlement of the Claim, and shall cooperate fully with MCC in preparing a defense for any Claim. MCC agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. MCC shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, MCC shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Software or Services in accordance with the applicable documentation provided by MCC; (c) the combination, operation, or use of Hardware, Software or Services with any hardware, software or service not provided by MCC; (d) the compliance of MCC with Customer’s specifications or directions, including the incorporation of any software or other materials provided by or requested by Customer; or (e) Non-MCC Branded Products.
The foregoing states the Customer's sole remedy for, and the entire liability and responsibility of MCC for, infringement of any patent, trademark, or copyright or other intellectual property rights. THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER STATUTORY OR IMPLIED WARRANTY AGAINST INFRINGEMENT.
In any event, if MCC believes in its reasonable opinion the Hardware, Software, or Services may be alleged to be infringing, for the purposes of mitigating any potential damages, MCC may, at its option, (i) procure for the Customer the right to continue to use the Hardware, Software, or Services; (ii) replace them with comparable Hardware, Software or Services that are free of such infringement; or (iii) refund the fees paid by Customer, in which case Customer shall promptly return the Hardware to MCC and/or terminate the use of the Software or Services.
12. PROPRIETARY RIGHTS.
MCC reserves all right, title, and interest in any intellectual property rights contained or embodied in Products, or resulting from the Services, including any custom developments created or provided by MCC under this Agreement. Nothing in this Agreement will be deemed to grant to Customer any ownership rights in such intellectual property.
13. LIMITATION OF LIABILITY.
MCC SHALL NOT BE LIABLE FOR (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES; OR (II) ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE, INCLUDING ANY COSTS OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES; (B) LOSS OF, CORRUPTION OF, OR LOSS OF USE OF ANY PRODUCTS, HARDWARE, SOFTWARE OR DATA; (C) LOSS OF REVENUE, PROFIT, OR BUSINESS OPPORTUNITY; (D) BUSINESS INTERRUPTION OR DOWNTIME; OR (E) INABILITY TO ACHIEVE A PARTICULAR RESULT, EVEN IF IT IS AT SUGGESTION MADE BY MCC. T
O THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MCC ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES, SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM. THIS SECTION: (1) APPLIES TO MCC AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), (2) REFLECTS AN ALLOCATION OF RISK BETWEEN MCC AND CUSTOMER IN VIEW OF THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES, (3) APPLIES EVEN IF MCC HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF MCC, AND (4) REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS UNENFORCEABLE OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE LIABILITY OF MCC TO CUSTOMER SHALL BE LIMITED TO $50,000 (USD).
14. FORCE MAJEURE.
MCC shall not be responsible for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of nature or governments; interruptions of telecommunications, power or transportation; failure of contractors or suppliers; or inability to obtain necessary labor or materials (“Force Majeure Event”). In the event of a Force Majeure Event, MCC reserves the right to cancel the applicable order without any liability to Customer.
15. EXPORT AND SANCTIONS LAWS AND COMPLIANCE.
Products (which, for purposes of this Section, shall include the software and technology incorporated in or supplied with a Product and Service) purchased from MCC are subject to control under the U.S. Export Administration Regulations (15 CFR Part 730 et. seq.) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) (www.bis.doc.gov
) and other applicable U.S. export control laws and sanctions regulations, including those administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) (www.treas.gov/ofac
). In addition, Products distributed from MCC’s distribution center in Europe are subject to control under the European Union (“EU”) Council Regulation No. 428/2009 and their export or intra-EU transfer may also be subject to additional licensing requirements under European Union Council Regulation No. 428/2009 and its implementing regulations. Products may not be exported or re-exported to any country where sanctions are imposed by the U.S. government (which currently includes Cuba, Iran, North Korea, Republic of Sudan and Syria but which may be modified by the U.S. government from time to time). Customer agrees it will comply with the export laws and trade sanctions of all applicable countries and will not export, re-export or transfer Products purchased from MCC without the required license(s), including an export or re-export license issued by the U.S. authorities, or to any prohibited destination or for a prohibited end-use. Products may also require export license(s) issued by the applicable authorities before being returned to MCC. The issuance of a Quote, a sales order acknowledgment, or an RMA by MCC is not an export license. Customer represents and warrants it is not ineligible or otherwise restricted by U.S. or applicable law to receive Products and it will not export, re-export, or provide Products to any person or entity on OFAC's List of Specially Designated Nationals or on BIS's Denied Persons List, Entity List or Unverified List or any other applicable restricted party list. MCC reserves the right to refuse and/or cancel any order if, at any time, MCC believes that any export controls or trade sanctions laws may be violated. See MCC.com/legal/export-compliance for more information.
16. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Texas, U.S.A., without regard to principles of conflicts of laws. The parties submit to the personal jurisdiction of the state and federal courts in Travis County, Texas. The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Products will not apply to this Agreement.
17. LIMITATION PERIOD.
MCC SHALL NOT BE LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE.
MCC reserves the right to update this Agreement at any time, effective upon posting an updated version at http://www.mccdaq.com/legal.aspx
; however, the terms and conditions in effect at the time of purchase shall apply to that purchase of Products or Services.
19. GENERAL TERMS.
This Agreement, and any terms incorporated herein by reference, constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings or agreements, whether written or oral, with respect to that subject matter. Customer acknowledges reading this Agreement, understands these terms, and agrees to be bound by them. This Agreement may not be altered, supplemented, or amended by the use of any other document unless otherwise agreed in writing by MCC. No delay or failure by MCC to exercise any right it has under this Agreement shall impair or be construed as a waiver of such right. A waiver of any provision of this Agreement must be in writing and shall not be construed as a waiver or modification of any other term hereof, or as a continuing waiver of any provision. The term ‘including’ as used in the Agreement should be construed as ‘including without limitation’. If any part, term, or provision of this Agreement is held illegal, unenforceable, or in conflict with any applicable and enforceable law, the validity of the remaining portions or provisions of this Agreement shall not be affected. The doctrine that any ambiguity contained in a contract shall be construed against the party whose counsel has drafted the contract is expressly waived by each of the parties with respect to this Agreement.
It is the policy of Measurement Computing Corporation to comply with all applicable import and export trade compliance laws and regulations, as well as other mandatory trade sanctions, in the countries in which Measurement Computing conducts business.
Measurement Computing’s standard products are designed for commercial applications and are subject to the jurisdiction of the U.S. Export Administration Regulations
. Some products are subject to export, or re-export, license requirements and additional end-use restrictions under U.S Export Administration Regulations. Measurement Computing’s products may also be subject to additional license requirements of other countries’ regulations such as the European Union Council Regulations, Malaysian Strategic Trade Act, and so forth. Customers are responsible for complying with all applicable export control laws prior to exporting or re-exporting Measurement Computing products. In addition to a Return Material Authorization (RMA), an export license may be required prior to returning Measurement Computing products to Measurement Computing for repair, service, or calibration. An RMA issued by Measurement Computing does not constitute an export authorization.
While Measurement Computing’s standard products are designed for commercial applications, Measurement Computing will work with our customers to ensure that any technical data controlled under the ITAR provided to Measurement Computing is properly handled. Customers must notify Measurement Computing prior to providing any ITAR-controlled technical data in accordance with Measurement Computing’s ITAR Technology Control Plan. Measurement Computing’s ITAR Technology Control Plan will be provided to customers upon request. Measurement Computing fully understands its obligations to comply with the requirements of the ITAR.
Diversion contrary to U.S., E.U., Malaysian, or other applicable export laws is strictly prohibited.
Measurement Computing reserves the right not to ship Measurement Computing products ordered if, at any time, Measurement Computing believes that such shipment may violate U.S., E.U., Malaysian export control laws or Measurement Computing’s internal export control policies.
Questions regarding Trade Compliance (e.g. HS Codes, ECCNs, Country of Origin) may be directed to:
Email: [email protected]
View MCC RoHS Compliant Hardware.
MCC Position Statement on Lead-Free Products and RoHS
At Measurement Computing, we are committed to operate in an environmentally responsible manner and comply with applicable environmental regulations on or before the effective date. The European Union's Directive on Restriction of the use of certain Hazardous Substances in electrical and electronic equipment (RoHS) which went into effect on July 1, 2006.
MCC products are Category 9 products
The WEEE Directive defines* each of 10 categories of electrical and electronic equipment in
Annex 1. Category 9 is defined as follows:
"9. Monitoring and control instruments
Measuring, weighting, or adjusting appliances for household or as laboratory equipment
Other monitoring and control instruments used in industrial installations (e.g., in control panels)."
MCC Test, Measurement and Control products should therefore be classified within the WEEE/RoHS* category
list as Monitoring and Control equipment (Category 9).
Category 9 products are excluded from the scope of the RoHS directive
The RoHS Directive defines the scope of restrictions in Article 2 as follows:
"1. Without prejudice to Article 6, this Directive shall apply to electrical and electronic equipment
falling under the categories 1, 2, 3, 4, 5, 6, 7 and 10 set out in Annex IA to Directive No 2002/96/EC
(WEEE) and to electric light bulbs, and luminaires in households."
Therefore, all Category 9 products are excluded from restrictions under the scope of the RoHS Directive.
*You can view the full text of the EU Directives here:
Note for OEMs
However, please note that any time an MCC products is incorporated into a system designed for sale by
an OEM, the OEM customer is responsible for its own system compliance.
Contact us with concerns
Contact our Sales Department with questions regarding products not currently listed as RoHS compliant: [email protected]
We continue to work proactively with our industry peers and suppliers to clarify standards and to
find appropriate, feasible, and cost-effective ways to eliminate hazardous substances from our
manufacturing processes and products.
We hope our response meets your needs. If you have a concern about hazardous materials in our
products, please contact us at:
MCC Technical Support
We request that you provide specific information in order to address your request completely and
accurately. Please provide the model or part number of the MCC product you are concerned with,
together with the properties of the chemical and its specific applications that concern you.
With this data we can better research and discuss options to meet your needs.