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GENERAL HI
This web site is for general public use. There are no subscriptions, membership fees or login's required. AMSXS would appreciate your cooperation in not misusing or damaging any of the functionality, information or contents of this free service web page, and would welcome any reports of discrepancies.
AMSXS does not guarantee continuous, uninterrupted operation of this website or secure access to our services, .. If any provision of this agreement is held to be invalid or unenforceable, it shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only.
You and AMSXS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between us is intended or created by this agreement.
2. SELLING TO AMSXS
If you offer to sell a stated quantity of a specific product(s) at a specified price to AMSXS, you will be obligated to fulfill the transaction. You cannot cancel or modify your offer without AMSXS's consent. Unless specified, substitute parts will not be accepted. Once a Purchase Order has been issued to you, the seller, you are obligated to ship the product(s) within 1 working day, unless the order is scheduled by AMSXS. AMSXS reserves the right to modify the terms, cancel, or delay the shipment at any time if you fail to meet your obligations.
Payment for the product(s) will be net 30 days unless otherwise specified and mutually agreed upon. AMSXS will specify the carrier for shipping. Only freight, duty and insuranceand insurance charges will be paid by AMSXS. AMSXS will not liable for any other charges.
You warrant that: you have legal title for each item without any encumbrances; each item has been paid for in full by you and that there are no outstanding liabilities;,; each item has been handled and stored in accordance with accepted industry practices; the date code of each item is accurate; you are not aware of any defects, non-conformances to the manufacturer's original specifications; and that each item is new, unused and in it's original smallest unit packaging.
You are responsible for ensuring that the product(s) are delivered to AMSXS in the same state in which they were shipped. AMSXS is not liable for damage, loss, or performance deterioration of product(s) shipped up to receipt at AMSXS. AMSXS reserves the right to return purchased product(s) within 30 days of product receipt if they are found to be non-conforming, non-functional or in breach of your representations and warranties in this agreement. If items are returned to you, you will refund, (not credit), AMSXS within two (2) days.
3. REQUEST FOR QUOTATION
This section is for public use. Please specify details as requested in the form. Please note we have a $50.00 minimum order for US delivery and $500.00 minimum order for Overseas delivery.
4. BUYING FROM AMSXS
By providing a Purchase Order to AMSXS, you commit to purchasing a specific quantity of product(s), at a specified price(s), and you are required to complete the transaction subject to the terms and conditions stated herein and in compliance with details listed on the subsequent AMSXS invoice.
AMSXS may specify whether the product is at their inventory warehouse or at an alternative location (“OEM” may mean different things to different people). AMSXS has two (2) business days to confirm availability of the item(s) ordered if they are at the alternative location.
Unless otherwise specified, payment of the invoice in accordance with the pricing and net terms will be by check, wire transfer or money order in advance of the shipment if you do not have an approved credit account at AMSXS. All products are shipped freight collect, including duties, handling or other similar charges whichcharges, which are the sole responsibility of the Purchaser.
As a general procedure AMSXS will provide you with a Waybill number once the shipment has been processed by our shipping department.
AMSXS reserves the right to modify terms prior to shipment, request payment in advance, delay or cancel any shipment in the event that you do not fulfill all obligations stated herein and as stated on the AMSXS invoice.
AMSXS will not be liable for delays, failure to comply or performance variations of shipments and/or payments, resulting from any embargos, natural disasters, wars, acts of God and any other circumstance beyond AMSXS's control. Unless otherwise specified, AMSXS only sells new products.
5. RETURNS
You may return products to AMSXS provided you have obtained a Return Material Authorization (RMA) number within 10 days of receipt. AMSXS will not accept items returned without an RMA number. Returned items must be in the same condition as when they were shipped. If no product issues are reported within 5 (five days may be too short, ten days may be better) days of shipping by AMSXS, you will be deemed as having accepted the product(s).
The cost of shipping returns to AMSXS shall be your sole responsibility. This includes but not limited to, freight, duty, handling and insurance charges.
If the return conditions are met, and AMSXS has accepted the product(s), you will be fully refunded or credited, at the sole discretion of AMSXS, for the purchase price.
7. DISCLAIMER
Except as set forth in this agreement, all items are sold in their “as is” condition and are being transferred to you without any representation whatsoever as to their quality or functionality. AMSXS has not inspected and/or tested them for quality or performance beyond what is described above. You understand that AMSXS has disclaimed any express or implied warranty, non-infringement and of merchantability or fitness for any purpose. You further understand that AMSXS shall not be liable under any contract, incidental, special consequential or punitive damages, loss of profits, loss of business or cost of procurement of substitute goods or services in connection with items you purchase.
8. REPRESENTATION
You represent and warrant and covenant that you are authorized to and have the right to enter into this agreement and that you neither have made nor will make any contractual or other commitment which would conflict with your performance under this agreement. Any of the product(s) AMSXS buys or sells may be subject to export or resale restriction or regulation under Canadian and/or US Law.ByLaw. By making an offer to buy from, or sell to, AMSXS any product(s) you acknowledge that you are complying with these laws and will continue to do so. You acknowledge that the use or export of technology or software contained in any product(s) may be restricted by the manufacturer or licensor of such item, technology or software, or by applicable law or regulation, and you agree to comply with all such restrictions. AMSXS's ability to complete any transaction is subject to your compliance with applicable law, including but not limited to Canadian laws and regulations governing the export of goods and technology. The items sold by AMSXS are not intended for, and by making an offer to buy them you agree that they will not be used in, life support systems, human implantation, space level products, military products, nuclear facilities or systems or any other application where product failure could lead to loss of life or catastrophic property damage. If you break this agreement, you will be liable for any loss, cost or damage whichdamage, which may result to AMSXS.
9. INDEMNIFICATION
You hereby agree to release, indemnify, defend and hold harmless AMSXS employees, officers, partners, agents, successors, assignees, and any owned, controlled and/or affiliated subsidiary, company or corporation now existing or hereafter constituted, from and against any and all claims, suits, actions, losses, liabilities, damages and costs, including, but not limited to, litigation costs, expenses (including but not limited to litigation costs and expenses and reasonable attorneys' fees) arising out of or which may result from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any breach by you of any representation, warranty, covenant, or term of this agreement; or (vi) any act or omission by you, your officers, directors, employees or agents in any way related to this agreement; or (vii) any failure by you to comply with any applicable law, rule, order, decree or regulation; or (viii) any claim for product liability, property damage and/or personal injury, including death, arising out of or relating to your performance under this agreement; or (ix) any other matter relating to the service.
10. APPLICABILITY
This agreement is effective for all persons using AMSXS’s services, including the use of the web page. This agreement is not a transfer or a license of any of AMSXS's rights. By accessing this website, you expressly acknowledge acceptance of the terms and conditions of this agreement. Any reproduction or distribution of this website's information, by, for, or to any third party, is expressly forbidden.
11. GENERAL COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your purchase and sale of items.
12. EXTERNAL LINKS
The Site may contain links to websites operated by third parties. AMSXS is not responsible for content located on these sites or for your time spent with them. Including these links does not imply that AMSXS endorses or guarantees the appropriateness or validity of the third party sites.
13. GOVERNING LAW
This agreement shall in all respects be governed by and construed in accordance with the laws of the state of California in the United States of America. The prevailing party in any legal action or proceeding to enforce this agreement shall be entitled to recover from the non-prevailing party its reasonable attorney's fees, and related costs and disbursements, incurred in connection with such proceeding or the enforcement of this agreement. Both parties agree to waive trial by jury.
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