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Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESSED
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S
OWNER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
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ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
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HAVE ADDITIONAL RIGHTS.
Terms and conditions of sales
- E-tec is a registered trademark of E-tec AG.
Quotations and billings are either made by E-tec Interconnect
Ltd Switzerland or E-tec Intercoonect Asia Ltd. Both entities will
be refered to as e-tec in the below terms and conditions.
- Purchases: Customer shall purchase products by issuing a written Purchase Order signed by an
authorized representative, indicating product names and descriptions,
quantity, price, total purchase price, shipping instruction, requested
delivery date, bill-to and ship-to addresses, tax exempt certifications if
applicable, and any other special instructions and information.
- Prices: All prices are firm for thirty (30) days from the date of quotation.
Shipping costs and risk of loss from point of shipment (Moudon
or Taiwan) are the responsibility of customer. For products shipped
freight prepaid or insured, E-tec will bill customer a freight/insurance
charge. Taxes and other incurred costs as a result of the sale are also the responsibility of the
customer. All sales are final.
- Terms of Payment: Upon credit approval by
E-tec, payment terms shall
be in advance, or at the option of E-tec, net thirty (30) days from
the date of the shipment. E-tec reserves the right to require alternative payment terms, including,
without limitation, letter of credit. As a consequence of customer’s delinquency in any payment to
E-tec , shipment of any order may be withheld by E-tec , or Pre-Payment by customer
may be required for further shipments. Late Payment Penalty may be charged.
- Products: All products are made to the mutually agreed written
specifications accepted by customer. It applies to all products manufactured or resold by
- Cancellation & Rescheduling: No cancellation and rescheduling
is allowed without written authorization by E-tec . Customer shall pay for the costs of raw materials, processing, and
other incurred expenses before the order cancellation.
- Limited Product Warranty: The sole and exclusive obligations to the customer for any products
made and sold by e-tec are to repair returned defective products or provide
replacement parts at e-tec sole option. E-tec reserves the rights to obtain samples of the claimed defective
products from the customer to determine if they are indeed defective in
workmanship, materials, or not in compliance with the mutually agreed
written applicable specifications, and have in fact failed under normal
use. Claim should be initiated before thirty days following the date of original shipment.
This limited Warranty does not cover: (i) products not manufactured
by E-tec , (ii) consumable or disposable items, or (iii) products that have
been damaged, misused, neglected, modified or repaired by any one other
than E-tec .
- Return: No return on products unless the product quality does not meet the mutually
agreed written applicable product specification. In case of quality problems, customer should notify
E-tec within 30
days of the product ship-date to obtain approval on the return, and
provide evidence to support the claim. No return on overstocked and unused products.
- Limitation of Liability: Except for the warranties stated herein,
E-tec is not liable to the
customer for any consequential, incidental, exemplary, punitive, or
indirect costs or damages, exemplary or indirect costs of damages,
including without limitation, litigation costs, installation and removal
costs, loss of data, damages resulting from use or malfunction of the
products, production, profits, or revenues, or cost of replacement goods,
arising from any cause whatsoever. In no event shall the total collective cumulative liability
of E-tec exceed the
amount paid to E-tec for the products from which such liability arose during
the thirty-day period preceding the date of the claim.
- Attorney’s Fees: If litigation is commenced by either party to enforce any
contract including these terms and conditions, then the prevailing party
shall be entitled to recover its reasonable costs, attorneys’ fees,
collections’ fees and experts’ fees, both at trial and on appeal.