Terms & Conditions for Sales online
All step in Sales process (Orders, Shipments, Supplies) of products and services (hereafter, “Products”) are subjected to these terms and conditions (“Agreement”). Any conditions stipulated by the Customer which are different from the Agreement shall be valid only if expressly acknowledged by ATCKIT in writing by an authorized officer. This Agreement constitutes the entire, complete and exclusive Agreement between the parties relating to the Products and Services to be provided by ATCKIT. Orders become valid only after release of payment by the credit card institute of the Customer. ATCKIT reserves the right to refuse orders.
2. CONDITIONS OF USE
Customer is granted a limited, non‑exclusive license to use ATCKIT’ intellectual property rights incorporated in the Products without the right to sublicense. All data and know-how communicated to Customer may not be used for any other purpose. ATCKIT’ Products may not be used in weapons and weapon systems (e.g. systems for identifying targets or for the guidance of missiles, bombs or bullets), including for testing and simulation of such weapon systems. ATCKIT’ Products are not designed and intended for use as critical components in or in combination with (a) any life safety or automated driving assistance device or system in any automotive application and mechanism, or (b) any kind of medical life saving or life support device or system which is intended for surgical implant into the human body, or to support or sustain life, and whose malfunction or failure to perform may result in significant injury or death to the user, or (c) any nuclear facilities, or (d) any air traffic control device, application or system, or (e) any other device, application or system where it is reasonably foreseeable that failure of the Product(s) as used in such device, application or system would lead to death, bodily injury or catastrophic property damage. A critical component is one whose malfunction or failure to perform may cause the failure of a device or system, or may affect the effectiveness of such device or system. Cellular Products are furthermore subject to use restrictions as defined below.
3. CANCELLATION OF ORDERS
Orders may not be canceled or rescheduled after the order has been submitted by ATCKIT to the shipment carrier. ATCKIT reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.
In case the Products are out-of-stock due to manufacturer or end of line, we initiate your refund within 7 business days of receipt of the cancelation notify. The way your refund is processed depends on your original payment method.
Unless otherwise stated on ATCKIT's proposal, quote or invoice, prices are for Products only and do not include taxes, freight, duties or any other charges or fees for additional services (collectively, "Additional Fees"). Unless otherwise stated on ATCKIT's proposal, quote or invoice, Customer is responsible for any and all Additional Fees.
3. TERMS OF PAYMENT
Customer agrees to pay the entire net amount of each invoice from ATCKIT pursuant to the terms of each such invoice, without offset or deduction. Orders are subject to credit approval by ATCKIT, which may in its sole discretion at any time change the terms of Customer's credit, bank wire transfer/EFT and/or require payment of any or all amounts due or to become due for Customer's order before shipment of any or all of the Products. If ATCKIT reasonably believes that the Customer's ability to make payments may be impaired (according to the NET 30 payment term) or if Customer fails to pay any invoice when due, ATCKIT may suspend delivery of any order or any remaining balance thereof, until such payment is made or cancel any order or any remaining balance thereof. Customer will remain liable to pay for any Products already shipped. Customer agrees to submit such financial information as ATCKIT may reasonably require for determination of credit terms and/or continuation of credit terms. Invoices not paid when due will bear interest to date of payment at the rate of 0.05% per day or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, ATCKIT may pursue any legal or equitable remedies, in which event ATCKIT will be entitled to reimbursement of costs for collection and reasonable attorneys' fees.
All shipments by ATCKIT are F.O.B. point (Incoterms 2010) of shipment from ATCKIT's facility and the amount of all transportation charges will be paid to ATCKIT by the Customer in addition to the purchase price of the Products. Subject to ATCKIT's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. ATCKIT will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by ATCKIT are estimates only and that ATCKIT will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by ATCKIT unless specifically designated by Customer. ATCKIT reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
Customer acknowledges that ATCKIT is not the manufacturer of all the Products:
- Products that ATCKIT researched and developed, ATCKIT provides a warranty that covers for a period of 12 months from delivery.
- Products that a third party researched and developed, ATCKIT agrees to transfer to Customer whatever transferable warranties ATCKIT receives from the manufacturer of Products sold to Customer. ATCKIT makes no other warranty, express or implied, with respect to the Products.
IN PARTICULAR, ATCKIT MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. ATCKIT's liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at ATCKIT's election, with such remedies exclusive and in lieu of all others. Customer must notify ATCKIT within 90 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and ATCKIT's remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.
8. PRODUCT RETURN.
Customer may return Products to ATCKIT only with a return material authorization ("RMA") number issued by ATCKIT. (A) Returns for Visual Defect: Customer must notify ATCKIT in writing of any damage to the outer packaging or the Products, shortage, or other discrepancy ("Visual Defect") within three business days after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products. (B) Returns for Product Warranty: Customer must notify ATCKIT in writing stating the specific Product defect within the warranty period. ATCKIT will only issue an RMA if the defect (either for Visual Defect or for Product Warranty) is created solely by ATCKIT or the original manufacturer, and only if Customer meets the notice requirement. ATCKIT will not grant RMAs for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. Upon receiving the RMA, Customer must return the Products to ATCKIT in compliance with ATCKIT's instructions in the RMA. ATCKIT may assess all Products returned by Customer via RMA. If ATCKIT determines such Products are not eligible for return, ATCKIT will send such Products back to Customer on freight collect basis, or hold such Products for Customer's collection and on account at Customer's expense.
9. LIMITATION OF LIABILITY
Any liability or indemnity obligation which is not expressly mentioned under these General Terms and Conditions is excluded by ATCKIT to the maximum extent authorized by law. Anything in this Agreement notwithstanding, in no event shall ATCKIT be responsible under this Agreement for incidental, consequential, punitive, exemplary or special damages, including without limitation lost profits, loss of use and / or lost business opportunities, whether arising in warranty, late or no delivery, infringement of intellectual property rights, tort, contract or strict liability. Customer using Products in devices or systems where malfunction can result in personal injury or casualties, do so at their own risk and agree to keep ATCKIT harmless from any consequences. The use of Products in countries subject to different regulations and standards than those in force at ATCKIT’ place of production, are at Customer’s risk. ATCKIT reserves the right to control the defense and settlement of any claim, for which ATCKIT has an obligation to indemnify hereunder. The parties acknowledge that the price which ATCKIT has agreed to deliver the Products and to perform its Services and obligations under this Agreement is calculated based upon the foregoing limitations of liability, and that ATCKIT has expressly relied on, and would not have entered into this Agreement but for such limitation of liability.
Customer shall indemnify and hold ATCKIT harmless against any and all damages, liabilities, penalties, fines, costs, and expenses, including attorneys’ fees, arising out of claims, suit, allegations or charges of Customer’s failure to comply with this Agreement or arising from the use of Products as critical components in or in combination with any of the categories listed in the Agreement.
11. TECHNICAL INFORMATION
Instructions, recommendations, data and drawings in summaries, brochures, datasheets, manuals, catalogues and on ATCKIT’ website are not binding and do not constitute a warranty (of characteristics, completeness or other). ATCKIT may modify such information without notice.
12. FREE‑OF‑CHARGE TECHNICAL SUPPORT SERVICES
ATCKIT delivers certain free‑of‑charge services before or after sales, but in the sole discretion of ATCKIT. Technical advice is available on a best effort basis within a few days response time. Failure analysis can take up to 30 days until information is available, The Customer agrees to provide, upon ATCKIT’ request, access to all information, documents and files necessary to perform the services. Additional service levels are available against a separate agreement and a surcharge.
13. FORCES BEYOND ATCKIT'S CONTROL.
ATCKIT is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of Customer, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or Product shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or Products through regular sources).