AIS Terms and Conditions of: Sale, Service, Warranties, and Liabilities
The following Terms and Conditions of Sale and Service apply to the use of AIS products, and by using AIS products, you are presumed in agreement with these Terms and Conditions. In addition, the Content-Specific Terms and Conditions of Use will apply, depending on the content accessed through AIS products. In the event of any contradiction between the Terms and Conditions of Sale and Service and any Content-Specific Terms and Conditions of Use, the Content-Specific Terms and Conditions of Use will take precedence in relation to the content accessed.
1. PAYMENT FOR SERVICES AND/OR PRODUCTS
Customer shall pay American Industrial Systems, Inc. (hereinafter "AIS") as is set forth on the invoice(s) the full amount in good funds in United States Dollars (US $). If no payment terms are set forth on the front side of our invoice(s) then payment is due upon receipt. All Sales are Final except as provided herein, no set-off's or discounts are allowed against any invoice without prior written approval from AIS.
2. SALE OF PART(S) AND/OR PRODUCT(S)
All sales are final, non-cancelable and non-returnable except as provided herein. All sales are based on FOB-Irvine, CA 92614, United States of America. AIS makes no claim regarding the serviceability or usability of the product/s and rely on its customers to determine the suitability of the product and/or part(s) for their use. Title to the product passes to the customer once it ships out of our facilities. Customer is responsible for all transportation costs (including customs and duty if any) and insurance from our plant to the customer's delivery point as per customer's purchase order. All international shipments must be paid in advance prior to shipment, by means of a wire transfer to our assigned bank in United States Dollars (US $).
3. TITLE TO PART(S) AND/OR PRODUCT(S)
Customer agrees that title to the purchased part(s) and/or product(s) shall be vested to AIS until such time that the Customer pays to AIS the full amount or value thereof as per invoice(s) rendered.
Any sums due to AIS hereunder, not paid on or before the date payment is due, shall be subject to one and one-half percent (1.5%) per month interest charge commencing from the invoice date.
5. RETURNS OF PART(S) AND/OR PRODUCT(S) FROM CUSTOMER
All sales are final and are non-cancelable and non-returnable except as provided herein. In the event that the customer wishes to return part(s) and/or product(s) already paid, AIS may authorize such returns and charge a restocking and handling fee equal to twenty percent (20%) of the sale price of such part(s) and/or product(s). AIS will accept return of unused product for a period of seven (7) days following the authorization of such returns. Subsequently, AIS, in its sole discretion, may accept return of unused product for credit equal to the purchase price of such product less a twenty percent (20%) restocking charge. For a period of seven (7) days following the date upon which a product becomes non-functional, AIS will accept for credit or exchange, at its sole discretion, the unused portion of the product as verified and refunded to AIS. No credit or refund will be given for product purchased more than thirty (30) days prior to the date of return. Customized part(s) are not returnable and non-cancelable.
AIS sell its' services and product on a wholesale level and as such our Customer warrants that it holds a valid resale certificate for the purchase of all parts and/or products and will provided a valid copy of the certificate prior to the delivery of any orders along with any other required documentation signed by an authorized official of the company. Customer agrees to be responsible for the collection and remittance of all local and state sales and/or use taxes imposed or retroactively imposed in connection with this purchase. The Customer certifies that this purchase is not for its own use and is for resale in conformance with current state and local sales and use tax law(s). Any other purchase will be subject to sales and use tax which the Customer acknowledges as subject to such taxes.
7. PROMOTIONAL SAMPLES AND EVALUATION MATERIALS AND OR PRODUCTS
Customer agrees and acknowledges that it is the Customer's responsibility to make certain that any and all promotions, samples and/or evaluation materials supplied by AIS are the property of AIS and shall be returned to AIS promptly after a reasonable period of time to test and/or evaluate such product. The Customer agrees to hold these materials, including drawings, and implement strict confidentiality not allowing or permitting any reverse engineering of these materials.
8. CUSTOM SERVICES PROVIDED BY AIS
AIS agrees to provide proper documentation including design, plans, specifications and other necessary documents for the bidding, pricing and building customize solutions for Customers. In turn, Customer acknowledges that once a product has been modified by AIS, in behalf of the Customer, any costs incurred by AIS related to the customization shall be paid for by the customer, and will be billed at the prevailing hourly billing rate for such work. The Customer acknowledges that such design intellectual property is the sole property of AIS.
9. LCD Display Pixel Policy
During the LCD Monitor manufacturing process, it is not uncommon for one or more pixels to become fixed in an unchanging state. The visible result is a fixed pixel that appears as an extremely tiny dark or bright discolored dot. When the pixel remains permanently lit, it is known as a "bright dot." When the pixel remains black, it is known as a "dark dot." Your LCD display is subject to replacement if it meets the criteria outlined in the following table:
AIS Standard LCD Monitors
2 or more
6 or more
Bright = 2 or more
AIS warrants each AIS product to be free from defects in material and workmanship for a period of one (1) year. During this period, if a customer is unable to resolve a product problem and AIS Technical Support determines the product is defective, a Return Material Authorization (RMA) will be issued. Following receipt of an RMA number, the customer shall return the product to AIS, freight prepaid. Upon verification of warranty, AIS will -- at its option -- repair or replace the product and return it to the customer freight prepaid. If the product is not under warranty, the customer may have AIS repair the unit on a fee basis or return it. No services are handled at the customer's site under this warranty. This warranty is voided if the customer uses the product in an unauthorized or improper way, or in an environment for which it was not designed.
AIS warrants the media containing its software product to be free from defects and warrants that the software will operate substantially according to AIS specifications for a period of 60 DAYS after the date of shipment. The customer will ship defective media to AIS. AIS will ship the replacement media to the customer.
In no event will AIS be responsible to the user in contract, in tort (including negligence), strict liability or otherwise for any special, indirect, incidental or consequential damage or loss of equipment, plant or power system, cost of capital, loss of profits or revenues, cost of replacement power, additional expenses in the use of existing software, hardware, equipment or facilities, or claims against the user by its employees or customers resulting from the use of the information, recommendations, descriptions and safety notations supplied by AIS. AIS liability is limited (at its election) to:
Refund of buyer's purchase price for such affected products (without interest)
Repair or replacement of such products, provided that the buyer follows the above procedures
DOA - Any product found to be defective within 30 days of shipment shall be deemed Dead on Arrival (DOA). DOA products will be repaired (non stock items) or advance-replaced (stock items) and shipped via overnight express (where available) at no cost to the customer.
11. Standard warranty replacements
Customers will first provide the serial number of the product to the AIS. If the customer and AIS determine that the product is defective and within warranty, an RMA will be authorized. Customers will then return the defective product to AIS.
Upon receipt of defective product/s, warranty verification will include visual inspection and testing for normal wear and tear, alteration, and functional compliance of the AIS product/s. Defective products will be repaired or replaced and shipped via UPS Ground or Fed Ex Ground within 30 days or on best efforts.
Customers will not be charged for warranty repairs. However, if a returned product does not meet warranty verification; then testing, repair, and/or shipping fees may apply.
There are no understandings, agreements, representations or warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, other than those specifically set out above or by any existing contract between the parties. Any such contract states the entire obligation of AIS. The contents of this document shall not become part of or modify any prior or existing agreement, commitment, or relationship.
12. LIMITATION OF LIABILITY
Purchaser's sole and exclusive remedy relating to purchases under this Agreement shall be the remedy afforded by the service provider to Customer and/or Customer's customers. In no event shall AIS be liable under this Agreement for lost profits or revenues, or other incidental, special, or consequential damages. In no event shall damages awarded against AIS exceed the purchase price paid for the product out of which any claim may arise.
13. CONSENT TO PERSONAL JURISDICTION AND VENUE; CHOICE OF LAW
Any suit, action or other legal proceeding arising out of this Agreement shall be brought in the courts of the State of California. The parties to this Agreement hereby agree to, contract for and consent to the personal and subject matter jurisdiction of such court in any such suit, action or proceeding, and waive any objection which any of them may have to the laying of the venue of any such suit, action or proceeding in Orange County, California. Except that, in the event that any suit or legal proceeding arising out of the Agreement is based on a claim over which exclusive jurisdiction is vested in the Courts of the United States, such suit, action or legal proceedings shall be brought in the Courts of the United States for the State of California and venue shall lay only in the United States District Court for the Central District of California. The Parties agree that this Agreement, being executed and delivered in the State of California, is to be construed and interpreted in accordance with the doctrines of choice of Laws, conflict of laws or comity.
In the event that Customer has entered into any other agreements with AIS including any other invoices for part(s) and/or product(s), the terms and conditions of this invoice shall be deemed to be complimentary to and not in lieu of the terms and conditions contained in such Agreements. The terms of this invoice supersedes any conflicting terms contained in any purchase order.
15. ATTORNEY'S FEES
In the event AIS employs the services of an attorney to effect the collection of any sums due hereunder, or to recover any part(s) and/or product(s), AIS shall be entitled to recover from the Customer reasonable attorney's fees and costs incurred by AIS in effectuating such collection or recovery.
For purposes of this Agreement that term "Customer" shall have the meaning afforded such term in the trade and shall specifically include: Customers' employees, officers, directors, independent contractors, sales representatives, buyers, successors and/or assigns.
17. HEADINGS AND GENERAL RIGHTS
Headings are for matters of convenience for the reading of these terms and conditions. American Industrial Systems, Inc. reserves the right to modify and change these Terms and Conditions without prior notice.
18. USAGE BY CHILDREN UNDER 13
The product information given by AIS is directed to adults and is not directed to children under the age of 13. AIS cannot prohibit minors from visiting the AIS website. AIS must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for the children to view and/or purchase. AIS complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever AIS collects data within the website such as during the registration process.
Unless otherwise specified, the Content on the product information given by AIS is presented solely for the purpose of promoting AIS as an LCD Manufacturer and provider of custom solutions for its clients. The website is controlled and operated by AIS from its office located within the States of California. AIS makes no representation that Content on the product information given by AIS is appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own accord and are responsible for establishing the usability or correctness of any information or content under any or all jurisdictions, and the compliance of that information or content with local laws, if and to the extent local laws are applicable.
20. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of AIS’ website will be subject to the exclusive jurisdiction of the courts located within the State of California, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
THE CONTENT IN THE PRODUCT INFORMATION GIVEN BY AIS IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT INFORMATION GIVEN BY AIS OR THE WEBSITE THAT MAKES THE PRODUCT INFORMATION GIVEN BY AIS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE PRODUCT INFORMATION GIVEN BY AIS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AIS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE PRODUCT INFORMATION GIVEN BY AIS, EVEN IF AIS OR AN AIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AIS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PRODUCT INFORMATION GIVEN BY AIS.
23. NOT ENGINEERING ADVICE
The Content contained on the website has been prepared by AIS as a service to its readers and the Internet community and is not intended to constitute engineering advice, which can only be done with exact specification and a formal proposal and bid process. AIS has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk.
24. OTHER PRODUCTS
Any reference made by the website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by AIS. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of AIS.
25. DISCLAIMER OF WARRANTIES
THE INFORMATION ON OUR WEBSITE OR PRODUCT INFORMATION GIVEN BY AIS IS PROVIDED "AS IS." AIS DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, AIS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER AIS NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, REQUEST FOR RMA AUTHORIZATION, RESUME OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; (V) OR FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AIS OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL AIS, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF AIS, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. AIS, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEBSITE.