Your shopping cart is empty!
TERMS OF SALE
VISITOR PROVIDED MATERIAL
LINKS TO AND FROM OTHER WEBSITES
EXCLUSION OF LIABILITY
LAW AND JURISDICTION
a. SELLER’S LIMITED WARRANTY. Seller warrants the product(s) it manufactures to be free from defects in materials and workmanship under normal use and service for two (2) years from the date of shipment by Seller. In case of industrial or professional use or similar employment such warranty's validity is one (1) year. This warranty shall not apply to malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance product instructions, acts of nature, improper installation, or repairs made by anyone other than Seller or by Buyer pursuant to Seller’s instructions. In the event of malfunction or failure arising from a defect covered by this limited warranty, Seller will repair any product(s) returned to Seller within one (1) years from the date of shipment by Seller, provided that Seller’s examination discloses to Seller’s satisfaction that the product was defective and covered by this limited warranty. Seller may, at its option, replace the product in lieu of repair. Seller’s sole and maximum liability for breach of its warranty herein is limited to the obligation, at Seller’s sole discretion, to repair or (repair fees may apply) at Seller’s option, replace or credit Buyer's account, any goods delivered hereunder which are found by Seller to be defective under the terms of this warranty, provided that Buyer follows the return procedures set forth in paragraph 8 . In addition, Seller shall have no liability to Buyer to the extent that any failure or malfunction is caused by non-compatibility with other components Seller’s obligation to honor this warranty is contingent upon Seller’s receipt of payment in full for the product(s) entitled to this warranty. In the event that the exclusive remedy provided under this warranty is determined upon judicial review to have failed in its essential purpose through no fault of Buyer, the alternate exclusive remedy shall be the refund of the purchase price of the defective goods. This warranty is not transferable, the buyer is not responsible for warranty replacement should the label or log be removed or should the product fail to be properly maintained or fail to function properly as a result of misuse , abuse immersion in liquids, improper installation, neglect, improper shipping, damaged caused by disasters such as fire, flood, or service other then by the seller.
SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE. THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF SELLER.
b. RETURN PROCEDURES REQUEST RMA; RETURN MERCHANDISE AUTHORIZATION NUMBER. Prior to returning any product(s) to Seller before the two year warranty service, Buyer must notify Seller by e-mail directly provide the order/invoice number purchased from and billing and shipping company, include the name of product(s), quantity and serial number beginning with (ms + seven digits). Buyer is required to provide the full details of the failure or malfunction of the product(s) before returning to the Seller, shipments without an RMA number will be refused. Such notice shall be given within thirty (30) days after Buyer’s discovery of the failure or malfunction. Upon receipt of this information, Seller shall provide Buyer with service assistance and/or shipping instructions and an RMA number. Buyer shall be responsible for returning product(s) to Seller in its original anti-static packaging, shipping prepaid, and insured by Buyer. Buyer shall retain shipping information, including RMA and tracking numbers, which shall serve as Buyer’s proof of return. Any product(s) replaced by Seller shall become the property of Seller. All returned product(s) must be received by Seller no later than the last day of the warranty period, or there will be no warranty coverage. If, upon examination of the returned goods, Seller determines that they are not covered by the warranty, Seller reserves the right to charge Buyer for parts and labor at Seller’s then current labor rate and a restocking fee. Seller will advise Buyer prior to assessing these charges.
c. BUYER’S WARRANTY. Acceptance of goods is a warranty by Buyer that Buyer is solvent as of the date of shipment. With respect to goods delivered hereunder, Buyer agrees to accept responsibility for (i) their selection to achieve Buyer's intended results, (ii) their use, (iii) the results obtained therefrom and (iv) the selection of, use of and results obtained from any equipment, programs or services not provided by Seller and used in connection with goods delivered hereunder. Buyer further warrants that it is buying the Product(s) for its own internal use and not for resale as standalone Product(s), unless otherwise agreed between Buyer and Seller under separate written agreement.
d. RoHS RESTRICTION OF HAZARDOUS SUBSTANCES DISCLOSURE . All components are purchased from authorized vendors are RoHs compliant. All product(s) manufactured by Seller are RoHS compliant. Products that are not RoHS compliant may contain lead or other proscribed materials, or may have some RoHS components installed that may contain matte tin.
e. NO LICENSE. Goods or any parts thereof sold hereunder may be protected by intellectual property rights of Seller, including, but not limited to, rights under issued and pending patents, mask work rights, copyright rights, trademark rights and trade secret rights. Neither the sale of goods or any parts thereof hereunder nor the provision by Seller of any supporting or related documentation, technical information or advice shall confer on Buyer any license, express or implied, under any intellectual property rights of Seller covering or related to (i) apparatus or circuits in which the goods or parts thereof may be used; (ii) a process, machine, use or application in connection with which the goods or parts hereof may be used; (iii) the process of their manufacturer; or (iv) a combination in which the goods or parts hereof may be used.
f. CANCELLATIONS, CHANGES. Should Buyer cancel, reschedule or reconfigure its order, Buyer shall be liable to Seller for reasonable additional charges which shall include, but not be limited to, all costs and expenses incurred by Seller in connection with procuring and filing, rescheduling or re-configuring Seller’s order. Without in any way being deemed to grant Buyer any right of cancellation or return, in the event that Seller, in Seller’s sole discretion, shall agree to accept a cancellation and/or a return of any product(s) sold, such cancellation and/or return shall be subject to a 15% restocking fee due and payable to Seller, in addition to the additional charges described above. Notwithstanding the foregoing to the contrary, Buyer shall have no right to cancel orders for, or to return to Seller, modified or custom goods.
g. FORCE MAJEURE. Seller shall not be liable for delay in performance or failure to perform in whole or in part the terms of this Agreement due to causes beyond the reasonable control of Seller, including, without limitation, strike, labor disputes, shortages of material, war, riot or civil commotion, acts of the public enemy, insurrection, sabotage, or fire, flood or other acts of nature.
h. ASSIGNS. Any contract made hereunder is binding upon and shall inure to the benefit of the successors and assigns of the entire business and good will of either Seller or Buyer, or of that part of the business of either used in the performance of such contract, but is not otherwise assignable. Seller may subcontract any part of the work or services to be provided hereunder as Seller deems necessary. Buyer affirms that there exist no third party beneficiaries to Buyer's rights hereunder unless Buyer specifically identifies such beneficiaries on the face of Buyer's order or Buyer's acceptance of Seller's quotation.
e. MODIFICATION OF GENERAL TERMS AND CONDITIONS. No addition to or modification of any of the provisions herein or upon the face or reverse of any order shall be binding upon Seller unless made in writing and signed by a duly authorized representative of Seller.
f. GOVERNING LAW, JURISDICTION AND VENUE. This Agreement is governed by and construed under the laws of the Portuguese Republic without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof is the Portuguese Republic courts in the Olhão council.
g. USE OF SELLER’S GOODS IN LIFE SUPPORT, NUCLEAR AND CERTAIN OTHER APPLICATIONS. Goods sold by Seller are specifically manufactured for industrial control systems, and are not designed, intended or authorized for use in life support, life sustaining, nuclear or other applications, including, but not limited to, transportation operating systems, aircraft, missiles, and aerospace, in which the failure of such goods could reasonably be expected to result in personal injury, loss of life or severe property or environmental damage. Buyer acknowledges that use of Seller’s goods in such product applications is understood to be fully at the risk of Buyer and that Buyer is responsible for verification and validation of the suitability of Seller’s goods in such application. Buyer agrees that Seller is not liable, in whole or in part, for any claim or damage arising from use in such applications. Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all claims, damages losses, costs, expenses and liabilities arising out of or in connection with such use.
h. LIMITATION OF LIABILITY. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT SELLER’S LIABILITY HEREUNDER.
EXCEPT FOR BODILY INJURY OR DEATH OF A PERSON, UNDER NO CIRCUMSTANCES WILL SELLER, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANYONE UNDER ANY PRODUCT ORDER, SCHEDULE, OR THESE TERMS AND CONDITIONS, PURSUANT TO ANY THEORY BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE OR FORESEEN,FOR: (A) BUSINESS INTERRUPTION COSTS, COST OF REWORK, RETESTING, PROCUREMENT OF SUBSTITUTE GOODS, REMOVAL AND RE-INSTALLATION OF GOODS; OR (B) ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LITIGATION COSTS, LOSS OF DATA, PRODUCTION OR PROFIT, GOODWILL, LOSS OF REVENUE, OR LOSS OF UNITS; REGARDLESS OF WHETHER SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER THERE IS A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT, OR WHETHER ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
SELLER’S LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT PAID OR PREPAID ON ACCOUNT BY BUYER FOR THE GOODS GIVING RISE TO SUCH CLAIMS. BUYER SHALL BE DEEMED TO ASSUME ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR MISUSE OF THE GOODS BY BUYER, ITS EMPLOYEES, CUSTOMERS AND OTHERS.
SELLER SHALL NOT BE LIABLE FOR AND BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY GOODS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCT(S).
i. RELATIONSHIP OF PARTIES. Seller and Buyer expressly understand and agree that Buyer is an independent contractor in the performance of each and every part of this order, is solely responsible for all of its employees, agents, and will indemnify Seller from any and all claims, liabilities, damages, debts, settlements, costs, attorneys' fees, expenses and liabilities of any type whatsoever that may arise on account of Buyer's activities or those of its employees or agents (including but not limited to direct and indirect distributors or sub distributors), including without limitation unauthorized representations or warranties (or failing to effectively disclaim all warranties and liabilities on behalf of Seller to the same extent as disclaimed herein) to its customers.
j. BASIS OF BARGAIN. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS HEREIN ARE MATERIAL, BARGAINED FOR BASES OF ANY ORDER OR CONTRACT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER ANY ORDER OR CONTRACT AND IN THE DECISION BY EACH PARTY TO ENTER INTO SUCH ORDER OR CONTRACT.
k. PROPRIETARY DATA. Buyer agrees not to use or disclose drawings, specifications, technical information or other data furnished by Seller and identified by Seller as confidential or proprietary data without the prior written consent of Seller. Buyer agrees and acknowledges that any improvement or modification to such confidential or proprietary data shall be the sole property of Seller, regardless of whether any such improvement or modification was the creation of Buyer. Buyer further agrees to use all appropriate copyright and proprietary notices on all goods delivered hereunder regardless of their intended use. Buyer recognises that such proprietary data is unique and consents to the remedy of injunction in addition to damages for violation of the terms of this provision.
l. GENERAL. In the event of the appointment of a trustee, receiver, or liquidator for all or a portion of Buyer's property, Buyer's insolvency, or any voluntary or involuntary petition in bankruptcy by or against Buyer, Seller may terminate any order without further obligation or liability of Seller to Buyer.
In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
RIGHT OF WITHDRAWAL
The right of withdrawal by crediting the amount paid, is a particular form of warranty and is therefore subject to all the above provisions. It may be exercised, within 14 calendar days from the date of delivery, for products for which evidence defect attributable to the manufacturing / sales process, and not by improper use by the Purchaser or to damage caused by transport.
All transport costs (including insurances if any) are supported by the client.
All returned products are tested before credit is issued. If no evidence of failure is detect on the returned products that can attributed to improper use by the Purchaser, the credit is issued to the same account/method used during the payment method used by the customer.
EuSurplus responsibility to all shipments are limited by the Montreal or Varsóvia convention whatever applicable. If no convention can be applied, the responsibility is limited to 19 rights per kilogram (approximately $USD 26.00/Kg).
If the customers finds those limits insuficient, insurance should be made, that is available at checkout, or celebrate their own insurance contracts with a 3rd party.