Terms & Conditions

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Terms & Conditions 2016-11-25T17:23:26+00:00

LEGAL NOTICE:

ATEQ® is a registered US trademark of ATEQ® ZI des dames, 15 rue des dames 78340 Les Clayes Sous Bois France. The ATEQ® brand is also registered or in use in various other countries.
This website www.atequsa.com is run by ATEQ Corp. a U.S. company registered in the State of Michigan.

PATENTS:

ATEQ® products and components are protected by various international patents.

DISCLAIMERS:

ATEQ® is not liable for pictorial (including but not limited to color and size) or typographical inaccuracies on this website. All ATEQ® product and/or service specifications are subject to change without notice. Prices shown are cash prices in U.S. dollars and are subject to change by ATEQ® without notice. Shipping and handling fees are also subject to change without notice. ATEQ® reserves the right to limit quantities.
All information provided on this website is subject to change without notice. ATEQ® has made every effort to make this website helpful and accurate. However, due to the open nature of this website, and the potential for errors in the storage and transmission of digital information, ATEQ® does not warrant the accuracy of information obtained from this website. THIS WEBSITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EXPRESS OR IMPLIED. ATEQ® EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. ATEQ® does not warrant that functions contained on this site will be interrupted or error?free, that defects will be corrected, or that this site or the servers are free of viruses or other harmful components. ATEQ® does not warrant or represent the use of the materials on this site in terms of their correctness, accuracy, reliability, or otherwise. Buyer assumes the entire cost of all necessary servicing, repair or correction.

UNDER NO CIRCUMSTANCES WILL ATEQ® BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OF ANY KIND, OR OTHER DAMAGES BASED ON ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LIKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION, EVEN IF ATEQ® HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This website may contain ATEQ® trademarks, servicernarks and other intellectual property of ATEQ®. All marks are the property of ATEQ® or its other worldwide companies. All rights in the intellectual property contained in this website, including, but not limited to copyright, trademarks, trade secret and patent rights are reserved. Access to this website does not constitute a right to copy or use any of the intellectual property of ATEQ® or its suppliers. Statutory notice contained herein represents trademark status in the United States. ATEQ® is committed to the protection of the privacy of its customers and website visitors. Currently, our website systems do not automatically capture any personal information identifiable to you, including your e-mail address, unless you specifically give it to us. Information provided to ATEQ® by Buyer will be received by ATEQ® on a non?confidential basis, and ATEQ® reserves the right to use such information in its sole discretion.

TERMS & CONDITIONS OF INTERNET SALES AND PRODUCT or SERVICES INFORMATION :

  1. Please read these terms and conditions carefully before using the online storefront and/or making a purchase on this website. By using the storefront, you signify your (“Buyer’s”) agreement with these terms and conditions. If you disagree with any of these terms and conditions of sale, do not use the storefront. ATEQ® reserves the right to modify, alter or otherwise amend these terms and conditions at anytime, without notice to you. By using this site after such change is posted, you agree to be bound by such modifications, alterations or updates.
  2. ATEQ Corp., hereinafter referred to as “ATEQ®”, offers to sell to “Buyer” ( as Buyer has identified itself on ATEQ® website) the equipment, software, instrumentation, assemblies, accessories or other goods (defined as the “Goods”) on this website upon the following terms and conditions, and subject to approval of Buyer’s credit by ATEQ®.
  3.  Acceptance of Buyer of the sale of the Goods shall be effective upon Buyer’s acceptance of the terms and conditions of sale as evidenced by Buyer’s digital acceptance of this Agreement. Any terms of Buyer’s acceptance which change, supplement, or contradict the terms contained herein shall be of no effect, null and void.
  4. Payment terms are one hundred (100%) percent of the purchase price, plus shipping (N/A for software), handling and taxes all paid with Buyer’s order, which shall be either via COD (check on delivery) or with a credit card acceptable to ATEQ®: Visa, Mastercard and American Express. Unless otherwise stated, quoted prices do not include any applicable local, state or federal taxes, whether such taxes are measured by sales or otherwise. Any such taxes, if applicable, shall be borne and paid by Buyer. Buyer shall forthwith pay to ATEQ® all such tax sums upon demand, unless Buyer provides, at the time of Buyer’s acceptance of the sale of the Goods, a proper tax exemption certificate. All online prices are subject to change without prior notice to Buyer.
  5. Buyer shall not cancel any order for any reason, without ATEQ® express written consent. If Buyer cancels all or any portion of the accepted order, returns the Goods, or holds up shipment without ATEQ® written consent, in addition to all other damages incurred by ATEQ®, Buyer shall pay to ATEQ® a fifty (50%) percent re-stocking fee, which Buyer acknowledges is reasonable and not a penalty. Buyer shall also pay for any other non-recoverable costs incurred by ATEQ® in connection with the cancelled or rescheduled shipping dates. ATEQ® consent to holding the Goods beyond shipping dates, without storage charges, or shipment of all or part of the Goods, shall not constitute a waiver of any rights here-under.
  6. ATEQ® shall replace or repair, at its option, any Goods supplied by it which prove to be defective in workmanship or material, if written notice of any claim is given to ATEQ® by the Buyer within one (1) year of the date title to the Goods passes to Buyer and, in all events, within thirty (30) days after the alleged defect was first noticed or should have been noticed by Buyer, or all such warranties shall be deemed to have been waived.

This warranty shall not apply to any Goods which have been subject to accident, negligence, alteration, abuse, misuse or inadequate use. Service and/or maintenance costs after expiration of the one (1) year warranty, as well as service and/or maintenance costs not covered under warranty shall be Buyer’s sole responsibility.

Buyer is not authorized to extend or transfer any warranties, make any representations or enter into any agreements to or with any third person on behalf of ATEQ® without our express written authorization. In the absence of such authorization, ATEQ® shall not be liable on any claims arising out of any warranties, representations or agreements by Buyer or its employees, agents, assigns, successors, or contractors.

No warranty is provided by ATEQ® here-under as to products manufactured by other than ATEQ®. ATEQ® only obligation with respect to any goods, software, equipment or material manufactured by another manufacturer or supplier shall be to assign to Buyer (upon Buyer’s written request) the applicable manufacturer’s warranties, if any, but only to the extent assignable by ATEQ®.

OTHER THAN THE WARRANTY SET FORTH IN THIS PARAGRAPH 6, ATEQ® DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE GOODS SOLD, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF THE MERCHANT FOR A PARTICULAR PURPOSE, (EVEN IF THAT PURPOSE IS KNOWN TO ATEQ®) OR NON-INFRINGEMENT. THE FOREGOING IS IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF ATEQ® ON ACCOUNT OF THE GOODS TO BE SOLD HERE UNDER.

IN NO EVENT SHALL ATEQ® BE LIABLE TO BUYER FOR CONSEQUENTIAL INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR LOST PROFITS, BUSINESS INTERRUPTION; NOR, EXCEPT AS ATEQ® MAY OTHERWISE SPECIFICALLY AGREE IN WRITING, SHALL ATEQ® BE LIABLE FOR TRANSPORTATION, LABOR OR OTHER CHARGES FOR ADJUSTMENT, REPLACEMENT, INSTALLATION, OR OTHER WORK WHICH MAY BE PERFORMED BY BUYER OR ON BUYER’S BEHALF.

IT IS THE RESPONSIBILITY OF THE BUYER TO RETAIN THE PACKAGING MATERIAL IN THE EVENT THAT THE GOODS NEED TO BE RETURNED FOR WARRANTY SERVICE. ATEQ® WILL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED DUE TO IMPROPER PACKAGING BY BUYER. NEW PACKAGING MATERIAL WILL BE CHARGED TO AND MUST BE PAID FOR BY BUYER.

 

Unless otherwise specified herein, title, possession and risk of loss shall pass to Buyer upon transfer of the Goods to Buyer, which shall be F.O.B. the ATEQ® facility in Livonia, Michigan.

Unless otherwise stated, delivery time shall be one (1) business day to seven (5) weeks on standard Goods depending on which method of shipment Buyer has chosen, as defined in ATEQ® sole discretion. Please consult ATEQ® regarding delivery time for custom Goods. Delivery time commences from the day ATEQ® acknowledges receipt of Buyer’s email order and ATEQ® has received Buyer’s payment authorization in full.

ATEQ® shall not be responsible or liable to Buyer for any damage suffered for any delay or failure in performing any of its obligations or commitments offered herein, when:

  • Such delay or failure to perform is the direct or indirect result of strikes (total or partial), lockouts, labor disputes, delays or strikes in transportation or public services in the United States or abroad, significant reject rate of parts during manufacturing, serious tooling or manufacturing incidents, shortages in shipping space, orders or decrees of any court or governmental agency, war, accidents, floods, fires, earthquakes, epidemics, natural disasters or any other causes whatsoever, either similar or dissimilar to those herein before enumerated, beyond ATEQ® reasonable control; or
  • Payment conditions have not been respected by Buyer; or
  • Information to be supplied by Buyer has not been received by ATEQ® in a timely manner; or
  • In any event, when the delay is not entirely the responsibility of ATEQ®.

If delivery of the Goods is delayed at Buyer’s request prior to the manufacture of the Goods, the price paid by Buyer shall be subject to revision, at ATEQ® option, to the price in effect on the new delivery date. Buyer shall have no right to cancel or rescind this Agreement by reason of any of the above excusable delays, and Buyer shall accept delayed performance by ATEQ®.

ATEQ® reserves the right to, at any time, cancel this Agreement, even during process, for any of the above reasons or in the event that there is a sudden rise in the price of supplies, energy or manpower that would significantly increase the cost of the Goods or services provided by ATEQ®. Such a cancellation will, in no way, entitle Buyer to any damages or claims for damages.

Goods received by Buyer for subsequent installation shall be stored by Buyer as necessary to avoid extreme temperatures and to provide protection from weathering elements. Such storage is at Buyer’s risk and is not covered by ATEQ® warranty in Paragraph 6.

Buyer agrees to defend, indemnify and hold ATEQ® harmless against any claims, suits, damages, costs and expenses of whatsoever character (including attorney fees and costs of litigation) that may be asserted or assessed against ATEQ® by any person, firm or corporation on account of any of Buyer’s acts or omissions or acts or omissions of any of Buyer’s agents or customers with regard to the Goods sold here-under, as well as any claims, judgments, settlements or damages that ATEQ® may be required to pay to any of Buyer’s employees who allege or prove that he or she has been injured in the course of his or her employment while working with the Goods supplied by ATEQ® under this Agreement, which injury is caused or contributed to by the negligence or fault of Buyer or Buyer’s agents.

Buyer acknowledges and agrees that all applications, product related documents, including but not limited to test results, methodology and other related documentation (collectively the “Information”) which may be provided to Buyer by ATEQ® with respect to the Goods are the exclusive proprietary property of ATEQ®. Buyer shall not disclose or make available the Information or any portion thereof to third parties without ATEQ® prior written consent. The Information shall not be duplicated or misused in any manner contrary to the interests of ATEQ®. Upon any cancellation or breach of this Agreement by Buyer, all such Information (and all copies) shall be immediately returned to ATEQ®.

 

These terms and conditions of sale constitute the entire Agreement between ATEQ® and the Buyer with regard to the Goods to be sold here-under, and ATEQ® and Buyer agree that there are no oral agreements or other agreements or understandings between the parties affecting or in any manner whatsoever changing the contents of this Agreement. No terms or conditions herein may be changed without ATEQ® written consent, signed by ATEQ® authorized representative.

No indulgence, forbearance or other act by ATEQ® shall waive any default, except in a writing signed by ATEQ® authorized representative and no waiver with respect to any one or more defaults shall operate to waive any subsequent defaults. This Agreement is for the exclusive benefit of ATEQ® and Buyer and there are no third party beneficiaries of this Agreement. The provisions herein shall be binding upon the parties’ representatives, successors and assigns.

Notwithstanding the terms contained herein, if at any time ATEQ® believes, in good faith, that the performance of any duty by Buyer is impaired, ATEQ® may declare this sale terminated and void and, if applicable, demand return of the Goods, plus payment in full of any costs related thereto.

ATEQ® remedies, provided herein, shall be cumulative and in addition to any other, further remedies that might be available to ATEQ®, in law or in equity.

Each provision of this Agreement shall be considered sever-able; and if, for any reason, any provision or provisions of this Agreement, in full or part, are determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or enforceable shall not impair or affect the validity, legality or enforceable of the remaining provisions hereof, which shall remain in full force and effect.

This Agreement shall be interpreted, enforced and governed by the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely within such state. All claims or causes of action relating to or during this Agreement shall be brought in the State of Michigan. Michigan jurisdiction and venue is appropriate and proper to the Buyer.

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