This Agreement is entered into between Atpati and Customer upon the commencement of Atpati fulfillment of the Product or Service. Customer’s acceptance of the Atpati Product or Service (written or verbal) shall obligate Customer to, and shall constitute Customer’s acceptance of, the terms and conditions set forth in this Agreement.
(a). Customer Representations: The person entering into this Agreement represents and warrants that to the extent (s)he has the express authority to enter into this Agreement. In the event of a breach of this representation, the person entering into this Agreement will be responsible for all obligations hereunder.
(b). Credit Verification: Based upon information supplied by the Customer, Atpati may obtain credit information supplied by the Customer from trade references and credit reporting agencies, or as Atpati deems necessary. Based on this information, and other information ATI deems relevant to the Customer’s creditworthiness, including without limitation payment history.
2. PRICES, BILLING, AND PAYMENT
(a). Prices: Atpati warrants that the prices to be charged for Products or Services ordered herein are not in excess of prices charged to other customers similarly situated, for similar quantities of goods of like quality. Additionally, Atpati reserves the right to modify all other terms and conditions and any pricing at any time, any changes shall automatically and without written amendment become part of this Agreement.
(b). Billing and Payment: The terms of payment for any order shall be net thirty (30) days from the date of invoice. All payments must be made in U.S. dollars. The Customer agrees to pay all bills, statements, accounts, and invoices when due, according to the terms. The undersigned agrees that all payments due to Atpati will be mailed to the remittance address: Allied Telesis, Inc. Dept CH 19302 Palatine, IL 60055-9302 as shown on each invoice or at such other place as Atpati may direct. The Customer agrees to notify Atpati in writing of any pending changes in ownership or change of location or any other changes which may materially affect the terms and conditions of sale or payment to Atpati.
3. SHIPMENT, DELIVERY, ACCEPTANCE, RESCHEDULE, REFUNDS, REPLACEMENT, AND CANCELLATION TERMS
(a). Each promised delivery date will be Atpati’s reasonable estimate of when the Product will be delivered. Atpati assumes no liability for, and Customer waives any claims based on, loss, damage, or consequential damages due to delivery delays. Unless Customer provides ATI with express instructions to the contrary prior to shipment, ATI may make partial shipments on account of Customer’s Orders, to be separately invoiced and paid for when due. Any delay in the delivery of any installment will not relieve the Customer of its obligation to accept the remaining deliveries.
(b). Shipping Terms: All Products will be shipped FCA, Atpati’s shipping site (Incoterms 2010). Customer will be responsible for and will pay, all shipping, freight, and insurance costs unless otherwise agreed by the parties, as well as any taxes, levies, duties, or similar charges. All risk of loss or damage to Products will pass to Customer upon delivery by ATI to the appointed freight transportation company, or Customer, whichever first occurs. Customers will bear all risk of loss or damage of Products while in transit. All claims for shipping damage must be made by the Customer with the freight transportation company.
(c). Acceptance: Subject to any warranty, failure of Customer to reject any Products shipped to it by Atpati within ten (10) days after receipt thereof will constitute complete and conclusive acceptance by Customer of such Products.
(d). Reschedules: Customer may, without additional charge, request a one-time deferral of Atpati’s shipment of the Atpati Products under a single Order, provided, however, that no deferral shall be allowed less than thirty (30) days prior to the original shipment date. Any such deferral will be for a maximum of thirty (30) days from the original shipment date.
For Pay on Delivery orders, refunds will be processed to your bank account (via National Electronic Funds Transfer (NEFT) account. If you wish to receive the Pay on Delivery order’s refund to your bank account, you can update the details of the bank account in Your Account section or from the Returns Centre when you are returning an item.
Note: Refunds cannot be processed to third-party accounts. The name of the Customer should match the name of the account holder.
Free Replacement can be entertained only under the following conditions.
- Item received is physically damaged;
- Item received has missing parts or accessories;
- Item received is different from their description on the product detail page on Amazon.in; or
- Item received is defective/does not work properly.
- If your item is not eligible for free replacement due to any reason, you can always return it for a refund.
(g). Cancellation: Once Customer’s Order has been accepted by Atpati, cancellations are not allowed.
4. COMPLIANCE WITH LAW
Customer, reseller, sub-contractor, distributor, or any buyer of Allied Telesis’s “Atpati” product known as “Customer”, hereby agree to have and maintain all permits and licenses required by any governmental unit or agency and to comply fully with all applicable laws and regulations in its performance under this Agreement and with respect to the Products and Services, including without limitation to export control and other regulations maintained by the U.S. Department of Commerce/ Bureau of Industry and Security (“BIS”) and the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), international boycotts regulations and all applicable anti-bribery and anti-corruption laws, including without limitation the U.S. Foreign Corrupt Practices Act (the “FCPA”). Customer shall not, directly or indirectly, sell, provide, export, re-export, transfer, divert, loan, lease, consign or otherwise dispose of any equipment, product, services, software, source code, technical data, or technology received from Allied Telesis under this Agreement to or via any person, entity, or destination to embargoed countries, or for any activity or end-use restricted by the laws or regulations of the United States or any other applicable jurisdiction without first obtaining all required government authorizations. The customer understands that U.S. Government authorization may be required to export the commodity/software/technology to re-export or retransfer the commodity to a third country, another end-user, or another end-use. Customer agrees that it has the sole responsibility to determine any export and reexport license requirements, to obtain any export or reexport license or other official authorization, and to carry out any customs formalities for the export or re-export of Products or Services purchased from Atpati. If this Agreement or any transaction or act contemplated herein is legally required to be approved, registered, notified, or recorded with or by any government agency applicable to customer’s activities hereunder, Customer will assume all such obligations. Upon written notice from Atpati, the customer shall provide promptly such information as ATI shall reasonably consider necessary to verify the customer’s compliance with this Section.
(a). Grant of License: To the extent that any Product contains or consists of software or firmware (“Software”), Atpati only grants to Customer a nonexclusive, nontransferable, non-assignable License.
(b). Limitations: Atpati licenses and does not sell any of its Software. In order to protect Atpati’s proprietary rights, Customer will not: (a) duplicate, disassemble, decompile or reverse engineer any Product or Software or permit any other person or entity commissioned or controlled by Customer to do so, except and only to the extent that applicable law expressly requires that such activities be permitted; or (b) use, distribute or otherwise dispose of Products or Software, except as expressly permitted under this Agreement. ATI reserves all right, title, and interest in and to Products not expressly granted under this Agreement.
6. INTELLECTUAL PROPERTY INDEMNIFICATION RIGHTS
Atpati represents and warrants that the Products do not infringe any Intellectual Property Right of any third party. Both parties shall indemnify and hold harmless the other party against any and all claims, suits, actions, demands, liabilities, damages, losses, costs, and expenses (including without limitation attorney’s fees) arising directly or indirectly from any claim by third parties.
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