1.Registration and My Account
Customer agrees that Amikon Limited will not be liable for any damages
incurred, or information not received, by Customer as a result of
Customer’s failure to provide accurate, current and complete
information.
2. Online Product Catalog
Amikon Limited makes every effort to ensure accuracy of information
published in Online Product Catalog on this Website. However, Amikon
Limited makes no representations about the information presented, which
is provided "as-is" and without warranty of any kind. Information in
Online Product Catalog on this Website is subject to change without
notice.
Prices are subject to change at any time prior to acceptance of your
order by Amikon Limited. Price comparisons are shown throughout the
Website to indicate relative discounts of our pricing versus the Retail.
Retail price is an estimated retail price to the best of our knowledge.
Actual retail prices in your area may be substantially different.
Discount reflects the difference between our price and estimated retail
price shown on our Website. Because the retail prices shown on our
Website may be different than the actual current retail prices in your
area, you may not realize savings in the amount shown and may want to
make alternative comparisons by checking the prices of other Internet or
local retailers prior to making a purchase.
Material Errors in Online Product Catalog. In the event we discover a
material error in availability, Product condition or price that affects
your outstanding order, we will notify you of any corrections, and
thereafter you may choose to accept the corrections, or cancel the
order. If you choose to cancel the order, and your payment has already
been submitted for the purchase, Amikon Limited will issue a refund in
the amount of submitted payment.
3. Order Acceptance Policy
Customers may initiate an order via the Website, email, phone or fax.
Your receipt of an electronic order confirmation does not signify
acceptance of your order by Amikon Limited.
If your Purchase Order or other correspondence lists terms that are
different from the present Terms we may process your order, but we do
not accept your listed terms and the Terms stated herein always
supersede any other terms and conditions that may be stated elsewhere.
All orders are subject to Product availability and credit approval by
Amikon Limited. We may limit or cancel quantities available for purchase
on any order on any basis, and alter availability of any special offers
at any time without prior notice. We reserve the right, without
liability or prior notice, to decline any order.
Orders placed by new Customers may require verification that could result in delay in order processing.
Order Cancellation. Order accepted by Amikon Limited may be cancelled by
Customer upon written consent of Amikon Limited provided such order
includes only the Products displaying the "in-stock" status in
Customer's order confirmation issued by Amikon Limited. Products
displaying status other than "in-stock" in Customer's Order confirmation
are non-cancellable and non-refundable. In the event of cancellation
or other withdrawal of an order containing Products with status other
than "in-stock" for any reason, and without limiting any other remedy
which Amikon Limited may have as a result of such cancellation or other
withdrawal, reasonable cancellation or restocking charges shall include
all expenses incurred and commitments made by Amikon Limited as it
pertains to procurement of Products for that order, and shall be paid by
Customer to Amikon Limited. Customer’s requests to reschedule an order
are subject to acceptance by Amikon Limited at its sole discretion.
Order may not be cancelled or rescheduled after it has been surrendered
to a shipping carrier by Amikon Limited.
4.Terms of Payment
Customer agrees to pay the total amount of each invoice from Amikon
Limited in its entirety pursuant to the terms of each such invoice,
without offset or deduction.
All prices are shown in U.S. dollars. Any deficiency resulting from
conversion of currency into U.S. Dollars is the responsibility of
Customer.
5.Taxes
Shipments within China. Amikon Limited is located in Xiamen city and is
required by law to collect and remit sales tax on purchases for delivery
within China. Customer must claim any exemption from such taxes, fees
or charges at the time of purchase and provide Amikon Limited with
necessary supporting documentation. Amikon Limited does not add or
collect sales tax for countries other than China. It is Customer’s
responsibility to pay appropriate tax within Customer’s state of
residence or business when necessary.
International Shipments. All applicable VAT, PST, HST, and/or GST
charges along with brokerage fees will be the responsibility of Customer
and due at the time of delivery.
6. Delivery and Title
Shipment and Delivery Dates. Amikon Limited will aim to initiate
shipment and deliver Products as close as possible to Customer's
requested delivery date(s). In general, orders for "in-stock" Products
will be shipped the same day if received and paid in full before 6.00 PM
Eastern Standard Time. If received after the shipping deadline, orders
will generally be shipped on the following business day. Orders for
"pre-order" Products will be shipped within the period indicated in the
Inventory & Pricing section of the Website at the time the order is
submitted to Amikon Limited. Customer acknowledges that shipment and
delivery dates provided by Amikon Limitedare estimates only and that
Amikon Limited will not be liable for failure to achieve such dates. For
avoidance of doubt delivery of Products within 30 days of the requested
delivery date shall constitute timely delivery. Delay in delivery of
one installment will not entitle Customer to cancel any other
installment(s).
Title and Risk of Loss. Selection of a carrier and delivery route will
be made by Amikon Limited unless specifically designated by Customer. If
Customer provides Amikon Limited with Customer’s carrier account
number, title to Products and risk of loss or damage during shipment
passes from Amikon Limited to Customer upon surrender of Products to the
carrier (F.O.B. Origin, freight collect). For all other shipments,
title to Products and risk of loss or damage during shipment passes from
Amikon Limited to Customer upon delivery to a specified destination
(F.O.B. Destination, freight prepaid and added).
Export Controls. Products purchased are subject to export control laws,
restrictions, regulations and orders of the China. All orders of
international origin are exported from the China. in accordance with
Export Administration Regulations. Customer agrees to comply with all
applicable export laws, restrictions and regulations of the China or
foreign agencies or authorities, and shall not export, or transfer for
the purpose of re-export, any Product to any prohibited or embargoed
country or to any denied, blocked, or designated person or entity as
mentioned in any such China or foreign law or regulation. Customer
represents and warrants that it is not on the Denied Persons, Specially
Designated Nationals or Debarred Persons List and is not otherwise
prohibited by law from purchasing the Products or services here under.
Customer shall be responsible for obtaining any required license to
export, re-export or import.
7.Privacy and Security
Amikon Limited warrants to Customer that all hardware Products sold by
Amikon Limited are covered by Amikon Limited Replacement Warranty during
the warranty period. The warranty period begins to run on the date the
Product is shipped to Customer (the invoice date). The warranty period
is set forth as follows:
All Products are covered by 1 Year Amikon Limited Replacement Warranty
Amikon Limited is not an Authorized Distributor of the products thus
manufacturer’s warranties do not apply. Customers must check
manufacturer’s website for further information.
Customer must notify Amikon Limited of any defective Product within
warranty period. Warranties offered by Amikon Limited are subject to
acceptance of and compliance with Amikon Limited Terms. If return under
warranty is required, we will replace the defective Product within the
warranty period, provided that such Product is returned to Amikon
Limited by Customer in accordance with Amikon Limited Return Policy.
Products returned under Amikon Limited warranty may be replaced with
refurbished, used or repaired Products. The replacement is our sole
obligation for any breach of warranty. In a case where, after a
reasonable number of attempts, we are unable to provide a replacement
Product that meets the above warranty, we will refund the purchase price
for that Product, as our sole obligation and your sole remedy.
The warranty will be void if, upon examination of the Product, it is
determined by Amikon Limited that the defect had occurred as a result of
misuse, neglect, alteration, improper installation, accident,
unauthorized repair or improper testing; or the serial numbers or date
codes mismatch the originally sold Product or were removed or defaced.
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, ALL IMPLIED
WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, Amikon
Limited MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS
OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR
RESPECTING INFRINGEMENT.
8.Return Policy
Return Material Authorization (RMA) Number. No returns of any type will
be accepted by Amikon Limited unless accompanied by a unique RMA number,
which Customer must obtain by submitting online Return Authorization
Request or emailing to amikon@amikong.com prior to return. The
following information must be provided by Customer to obtain RMA:
Customer’s name, applicable invoice number, serial number of the
Product, and details of Customer’s issue with the Product. Customer has
14 calendar days to return the Product after the applicable RMA is
issued. Amikon Limited reserves the right to refuse any UNAUTHORIZED
returns: those that occur after the 14 day period or those involving
Products that are unaccompanied by a valid RMA.
Defective Product Returns. Customer may return most defective Products
to Amikon Limited within the warranty period specified in the Warranty
Terms section of the present Terms and receive, at Amikon Limited's
option, replacement, repair or refund.
Non-Defective Product Returns. Customer may request Return of working
Products within 15 calendar days of invoice date. Amikon Limited will
review all requests on a case-by-case basis. If Return Authorization is
granted, a restocking fee of 25% of the original purchase price will be
retained and Amikon Limited will issue a refund for the remainder of the
amount, provided that Amikon Limited receives the Product within 30
calendar days of invoice date and in the same condition in which it was
originally delivered. Products received after 30 calendar days of
invoice date and/or not in the same condition will not be accepted.
Returned Products Must Be Complete. All Products must be returned
entirely complete, including all original manufacturer’s boxes, packing
materials, manuals, cables, and any other accessories provided by Amikon
Limited in original shipment. Amikon Limited reserves the right to
refuse return of incomplete Products or to charge a minimum 25%
restocking fee for returns that are accepted. Customer must reference
authorized RMA number on the shipping label of each box or write it on
the shipping box itself. Customer should never write RMA number on the
original manufacturer's box.
Shipping Costs. Customer is responsible for the cost of shipping
returned Products; Amikon Limited is responsible for the cost of
shipping replacements for returned Products and will match Customer’s
shipping method.
Shipping Insurance. Customer is strongly advised to purchase full
insurance to cover loss and damage in transit for shipments of returned
Products and to use a carrier and shipping method that provide proof of
delivery. Amikon Limited is not responsible for loss or damage during
transportation of returned Products.
Returned Products Must Be properly packed for shipping. Amikon Limited
is not liable for Product damages that may occur in transit during
Product return. In order to minimize possibility of Product damages in
transit, Customer must properly place the Product, or original
manufacturer's box with the Product, in a shipping box with packing
materials. Customer must be sure the Product is properly surrounded with
bubble wrap or packing foam. Products should never be shipped without
packing foam, bubble wrap, or an antistatic bag. The preferred method
for returning Products is each in an individual shipping box. If you
must ship multiple Products within the same shipping box, be sure each
Product is protected in its own antistatic bag and is separated with
packing foam or bubble wrap. Products should never be returned loose
and/or unprotected. Crushed or damaged shipping boxes should never be
used for Product returns. Products should never be shipped without being
boxed or thoroughly bubble-wrapped and secured to a pallet (whenever
applicable due to Product’s size and/or weight).
Refusal/Receipt of Damaged in Transit or Incomplete Products. If a
package containing Products purchased from Amikon Limited arrives at
Customer’s location damaged or incomplete, Customer should refuse to
accept delivery from a carrier. If Customer does accept delivery of such
package, Customer must: (i) note the damage and/or missing parts on the
carrier's delivery record so that Amikon Limited may file a claim; (ii)
save, as is, the Products and the original box and packaging it arrived
in; and (iii) promptly notify Amikon Limited either by calling Amikon
Limited Customer Service or by contacting the Amikon Limited account
manager to arrange for carrier’s inspection and pickup of the damaged or
incomplete Products. If Customer does not note the damage or missing
parts and save the received Products and original box and packaging and
does not notify Amikon Limited within five (5) days of delivery
acceptance, Customer will be deemed to have accepted the Products as if
they had arrived undamaged and complete, and Amikon Limited’s regular
Return Policy shall apply.
9.Limitation of Liabilities
CUSTOMER SHALL NOT BE ENTITLED TO, AND Amikon Limited SHALL NOT BE
LIABLE FOR, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES,
OVERHEADS, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL OR
REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS,
PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.
CUSTOMER'S RECOVERY FROM Amikon Limited FOR ANY CLAIM SHALL NOT EXCEED
THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE
NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
10.Limitation of Liabilities
PRODUCTS SOLD BY Amikon Limited ARE NOT RECOMMENDED OR AUTHORIZED FOR
USE IN LIFE SUPPORT, SURGICAL IMPLANTATION, NUCLEAR OR AIRCRAFT
APPLICATIONS OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A
SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY.
Customer agrees that using or selling Products for use in such
applications is done at his own risk, and agrees that Amikon Limited
and its affiliates are not liable for any claim or damage arising from
such use. Customer agrees to fully indemnify, defend and hold harmless
Amikon Limited and its affiliates from and against any and all claims,
damages, loss, cost, expense or liability arising out of or in
connection with the use or performance of Products in such applications.
Use of software will be subject to the terms of any accompanying
manufacturer's end user license.
11.Software Licenses
Amikon Limited sells hardware Products only and does not re-sell
software licenses. Some hardware Products may contain software and may
not be legally operated without first purchasing a proper software
license from the manufacturer of such Products. Amikon Limited respects
the intellectual property of others, and we ask our Customers to do the
same. Customer acknowledges and agrees that Amikon Limited does not
provide any operating system software or software right-to-use licenses
with the Products it sells. Customers understand and agree that proper
software licensing, software maintenance and upgrades are subject to
applicable manufacturer's Software Licensing Agreement. Customer shall
be solely responsible for obtaining proper software licenses for
applicable Products from the manufacturer.
12.Force Majeure
Amikon Limited will not be liable for delays in delivery or failure to
perform its obligations due to causes beyond its reasonable control,
including, but not limited to, product allocations, material shortages,
labor disputes, transportation delays, unforeseen circumstances, acts of
God, acts or omissions of other parties, acts or omissions of civil or
military authorities, Government priorities, fire, strikes, floods,
severe weather conditions, computer interruptions, terrorism, epidemics,
quarantine restrictions, riots, or war. Amikon Limited's time for
delivery or performance will be extended by the period of such delay or
Amikon Limited may, at its option, cancel any order or remaining part
thereof without liability by giving notice to Customer.
13.Website Use Policy
Content, Copyright and Trademark Notice. All media (downloaded or
samples), software, text, images, graphics, user interfaces, music,
videos, photographs, trademarks, logos, artwork and other content on
this Website (collectively, "Content"), including but not limited to the
design, selection, arrangement, and coordination of such Content on the
Website is owned or licensed by or to Amikon Limited or owned by the
original creator of the material and is protected by copyright, trade
dress, and trademark laws, and various other intellectual property
rights laws. Except as expressly provided in the present Terms, no part
of the Website and no Content may be reproduced, recorded,
retransmitted, sold, rented, broadcast, distributed, published,
uploaded, posted, publicly displayed, altered to make new works,
performed, digitized, compiled, translated or transmitted in any way to
any other computer, website or other medium or for any commercial
purpose, without prior express written consent from Amikon Limited.
Except as expressly provided herein, you are not granted any rights or
license to patents, copyrights, trade secrets, trade dress, rights of
publicity or trademarks with respect to any of the Content, and Amikon
Limited reserves all rights not expressly granted hereunder.
Amikon Limited and www.AMIKONG.com are registered trademarks or service
marks of Amikon Limited. All custom graphics, icons, logos and service
names are registered trademarks or service marks of Amikon Limited. Some
images are courtesy of manufacturers. All other trademarks or service
marks are property of their respective owners. The use of any Amikon
Limited trademark or service mark without prior express written consent
from Amikon Limited is strictly prohibited. Amikon Limited disclaims any
proprietary interest in trademarks and trade names other than its own.
Access and Use of the Website. Amikon Limited grants you a limited
license to access and use the Website, including to display, copy,
distribute and download its content, only for your personal,
non-commercial use and provided that you do not modify the Website, its
content, or any copyright or other proprietary notices. This license
terminates automatically if you breach any of the Website Use Policy
provisions. Upon termination, you must immediately destroy all copies in
your possession.
Restrictions on Use of the Website. Except as expressly authorized
above, you may not copy, modify, distribute, download, display,
transfer, post, or transmit the Website or its content in any form
without prior written permission from Amikon Limited. You may not
attempt to gain unauthorized access to the Website. Unauthorized use of
the Website or any content may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations and
statutes. The following activities are also expressly prohibited without
prior written permission from Amikon Limited: any non-personal or
commercial use; use of any robot, spider, other automatic device, or
manual process to monitor or copy the Website or any of its content;
"mirroring" the Website or any content on any other server; collection
or use of product listings, descriptions, or prices for a supplier of
competitive or comparable products; and any action that imposes an
unreasonable or disproportionately large load on the Website or
otherwise interferes with its functioning.
14.Privacy and Security
General. Amikon Limited is committed to protecting your privacy. The
amount and type of information we collect from you depends on your
activities and use of our Website. Certain services offered on or
through the Website require you to register and/or provide information
that personally identifies you ("personal and account information") for
purposes of interacting with our Website. In this policy, "personal and
account information" means your name, company name, account number,
address, telephone number, and e-mail address plus any other information
that personally identifies you, including your industry, purchase
history, and IP address, or would permit us to contact you. This policy
describes our practices regarding personal and account information
collected through our Website.
15.General
The Terms may not be modified or cancelled without written agreement
from Amikon Limited. Any provision hereof which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof in that
jurisdiction or affecting the validity or enforceability of such
provision in any other jurisdiction. The provisions set out in these
Terms are for the sole benefit of the parties hereto, and confer no
rights, benefits or claims upon any person or entity not a party hereto.
The Terms will be governed by and construed in accordance with the laws
of China, other than the conflicts of laws principles thereof, and
subject to the jurisdiction of courts of China.
