AMERICAN HAKKO PRODUCTS, INC.
TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN AHP’S INVOICE OR OTHER AHP DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale, upon their acceptance by Customer, shall constitute a binding contract between Customer and AHP. These terms and conditions of sale govern Customer's purchase and ordering of products, services, and otherwise shopping on AHP's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and AHP relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting AHP at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in AHP’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. AHP AND CUSTOMER EXPRESSLY AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL APPLY TO THE TRANSACTION BETWEEN THEM. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN LOS ANGELES COUNTY, CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Pricing Information; Availability Disclaimer
All pricing is subject to change without prior notice. AHP reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, and errors in advertisements. All orders are subject to product availability. Therefore, AHP cannot guarantee that it will be able to fulfill Customer’s orders.
AHP will accept payment by PAYPAL, VISA, MASTERCARD, DISCOVER or AMERICAN EXPRESS for products and services purchased by Customer on this Site. In the event of a payment default, Customer will be responsible for all of AHP’s costs of collection, including court costs, filing fees and attorney’s fees. To safeguard your payment information, we use Secure Socket Layer (SSL) to encrypt your credit card number, name, address, and other order details. If you do not feel comfortable entering your credit card information online, we will be happy to process your payment over the phone. Please call 1-800-88-HAKKO (42556).
Minimum Order Value
AHP requires that the minimum order value be US$10.00 net of all other costs. This minimum order value shall apply to each individual transaction. Multiple transactions cannot be combined to meet this requirement.
Orders are not binding upon AHP until accepted by AHP by entry into our system and assignment of an AHP Sales Order number. AHP does not guarantee same day fulfillment of your order; however AHP continually works toward our goal of shipping every order complete within two business days of acceptance of the order. Orders accepted by AHP after 1:30pm Pacific time will be processed the following business day. AHP will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Customer is responsible for, and will indemnify and hold AHP harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped.
Preferred Carrier; Shipping Charges
AHP has selected UPS as the preferred carrier for all orders accepted by AHP. Standard freight charges apply. Consignee/Collect shipping is not available. Unfortunately, we are not able to ship to PO Boxes within the US. When you checkout, you will be given all the shipping options available for your location based on your order. You can choose the shipping method that best meets your needs from this list. Billing of shipping charges against recipient or third-party UPS accounts is not permitted.
F.O.B.; Damage Claims
Title to products and risk of loss or damage during shipment passes from AHP to Customer upon shipment from AHP’s facility in Valencia, CA. While all orders are carefully packaged and inspected prior to shipment, damage may occur. It is the sole responsibility of Customer to report any damage to the carrier immediately upon receipt and file any necessary claims with the carrier. AHP is not responsible for any damage that is incurred during shipping. Claims for shipping errors must be made in writing or by e-mail with AHP’s Customer Support Division within 15 calendar days from the date of receipt of the order by Customer.
Shipping and Billing Errors
It is the sole responsibility of Customer to report any shipping or billing errors to AHP. Claims for shipping errors must be made in writing or by e-mail with AHP's Customer Support Division within 15 calendar days from the date of the receipt of the shipment in question. Claims for billing errors must be made in writing or by e-mail with AHP’s Accounting Department within 90 days from the date of the invoice in question. Claims not made within the time limits specified will be considered accepted and approved by Customer.
If this transaction involves an export under the Export Administration Regulations, the items sold or distributed under these terms and conditions of sale exported from the United States by AHP were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The items sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, any warranty may be null and void for items exported outside the United States and Canada.
Due to the added documentation needed for customs to ship to International destinations, all International shipments may take additional time to process and ship. AHP may also place additional order holds at our discretion for payments that are flagged by our payment processor as suspicious or high-risk. All items will be shipped with an invoice reflecting their correct value as required by federal law. Customer is responsible for all brokerage fees, taxes and duties that may need to be paid in the destination country.
All sales of special items are final. No cancellations will be accepted after the order has been placed. No returns will be accepted. Special items are defined as those items purchased by Customer from AHP through written quotation, made-to-order, or are no longer supported due to discontinuation.
AHP warrants that all Hakko brand products purchased by Customer will be of new materials and free from defects in materials and/or workmanship for a limited time. For full details, please visit the Hakko Warranty Page. This warranty does not apply to tips, fuses, and other metal parts that are subject to wear. Also, this warranty does not apply to any malfunction, failure, or other defective condition of a product that results from Customer's misuse, modification or alteration of the product.
Limitation of Liability
NEITHER AHP NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER AHP NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY AHP OR ITS AFFILIATES, NEITHER AHP NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
AHP WILL NOT BE RESPONSIBLE FOR ANY DELAYS IN DELIVERY WHICH RESULT FROM ANY CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, PRODUCT UNAVAILABILITY, CARRIER DELAYS, DELAYS DUE TO FIRE, SEVERE WEATHER CONDITIONS, FAILURE OF POWER, LABOR PROBLEMS, ACTS OF WAR, TERRORISM, GENERAL INSURRECTION, ACTS OF GOD OR ACTS OF ANY GOVERNMENT OR AGENCY.
All products offered for sale on this Site may be returned within thirty (30) days for credit or exchange if you are not completely satisfied with your order, subject to AHP's Return Policy. Returns received after the thirty (30) day period are subject to exchange only. Credit or exchange will be issued after all goods have been received, inspected, and returned to inventory. Credit will be computed using the original order price, excluding shipping charges. AHP reserves the right to, at its own discretion, refuse product that is returned which does not comply with AHP’s Return Policy, issue a credit for the returned items less a 30% restocking fee, or exchange the returned items for products of similar features and value. All International Sales are final. No returns are allowed on items shipped outside the U.S.
Please contact AHP’s Customer Support Division at firstname.lastname@example.org or at 1-800-88-HAKKO (42556) during regular business hours to obtain a Return Merchandise Authorization (CASE Number) before shipping product back to AHP. This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting a CASE number: Customer number, order number, serial number or the product (if applicable), reason for return, action to take (Repair/Refurbish/Exchange/Credit) and whether the box has been opened or is sealed.
Please return all products 100% complete including all original boxes with packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. CASE approval is contingent upon, among other things, the products being 100% complete.
Customer is responsible for shipping charges to AHP’s facility for all products being returned. Products exchanged or replaced will be shipped by AHP to Customer, at AHP’s expense, using the same shipping method as was used by Customer to ship the original products back to AHP. Product returned to AHP billing recipient or returned as freight collect will be refused.
Customer is responsible for all risk of loss and damage to products being returned. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS or Federal Express. This is for your protection as well as to ensure quick action on your return.
All returns must be NEW and UNOPENED in original packaging.
Return shipping address:
American Hakko Products, Inc.
REF CASE (Place your CASE number here)
28920 Avenue Williams
Valencia, CA 91355
Failure to return a product within the ninety (90) day return period will be deemed to be an acceptance of the product.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
56K modems are capable of 56Kbps downloads; however, current regulations limit download speed to 53Kbps.
AHP and Customer irrevocably agree that each and every controversy or claim arising out of, or in conjunction with or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or AHP's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION conducted pursuant to the Rules of the American Arbitration Association or its successor. The arbitration shall be conducted in Los Angeles, California. Notice of paper or process relating to any arbitration proceedings, or for the confirmation of award and entry of judgment on an award may be served on each of the parties by registered or certified mail. Arbitration shall be conducted by a single, neutral arbitrator, or, at the election of either party, by three neutral arbitrators, appointed in accordance with the rules then in effect of the American Arbitration Association. Each party shall be entitled to representation by counsel and the prevailing party shall be entitled to receive in addition to other damages awarded to it, costs and expenses of the arbitration including reasonable attorney’s fees. The judgment on the award may be entered in any court of competent jurisdiction. The arbitrator(s) may award damages and/or permanent injunctive relieve but in no event shall the arbitrator(s) have the authority to award punitive or exemplary damages. Notwithstanding anything to the contrary in this section, either party may apply to a court of competent jurisdiction for relief in the form of a temporary restraining order or preliminary injunction, or other provisional remedy pending final determination of any claim through arbitration in accordance with this section. If proper notice of any hearing has been given, the arbitration(s) will have full power to proceed to take evidence or to perform any other acts necessary to arbitrate the matter in the absence of any party who fails to appear. Once arbitration is chosen, neither AHP nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to AHP arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
How to Contact AHP
For questions or comments, please contact AHP’s Customer Support Department by:
October 1, 2015