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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 American Hakko Products, Inc. (Otherwise known as AHP/We). 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 determining the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
Governing Law
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 prices are in US dollars. 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.
Payment Terms
AHP will accept payment by PAYPAL, VISA, MASTERCARD, AMEX or DISCOVER 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.
Order Fulfillment
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 the 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.
Taxes
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 FEDEX as the preferred carrier for all orders accepted by AHP. AHP only offers free FEDEX ground shipping to the US and FEDEX International Economy to Canada, on orders over $25 (excluding tax or any discounts). 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 AHP immediately upon receipt so that we can 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.
Address Corrections
It is the responsibility of Customer to enter the correct shipping address during checkout. AHP reserves the right to update/change any city, state or zip code that is incorrect, before the shipment leaves our dock in order for delivery to be completed. If AHP is notified by Customer of any address corrections after the shipment has left our dock, AHP can update the address with the carrier and any address corrections charges will be assessed to Customer. If the carrier makes any address corrections to complete delivery and AHP is assessed the address correction fee, Customer is responsible for these fees.
Export Sales
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.
International Orders
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. When shipping to Canada, AHP will charge a 15% fee, in order to cover any applicable taxes and duties. The fee will show as FEE-CAN on the invoice.
If you are a non-US customer, your credit card company will normally convert your order total from US dollars to your local currency. We do not have control over the exchange rate, but you can get an idea of what it might be by checking this site http://www.xe.com/
Special Items
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.
Warranties
AHP provides a (90) ninety-day limited warranty against defects in material and workmanship for all HAKKO and CHP brand products from the date of delivery to the original owner. However, no warranty shall apply to products that have been damaged, altered, abused, improperly installed, improperly maintained, repaired after purchase, have had their identification markings removed or altered in any way, or that have a different voltage other than what is standard for US/Canada/Mexico (110V-120V). The use of non-HAKKO components will void this warranty if that component is defective or is a contributing factor to the defect. No warranty shall apply to any product or component part that is subject to normal wear during use (such as tips, nozzle, blades, fuses, metal parts, filters, brushes, and the like). No warranty shall apply to any product listed in the Hakko outlet on the site. All warranties are transferable. Some Hakko Products are subject to an extended limited warranty on the electronic portion of the power supply unit, heating elements, motors and sensors. For full details, please visit the Hakko Warranty Page.
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.
Credit/Exchange Policy
If you are not completely satisfied with your order, subject to AHP’s return policy below, you may receive a credit if returned within (30) thirty days after purchase or an exchange up to (90) ninety days after purchase. 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.
Return Policy
All returns must be NEW and UNOPENED in original packaging. Please contact AHP’s Customer Support Division at [email protected] or at 1-800-88-HAKKO (42556) during regular business hours to obtain a Return Merchandise Authorization (CASE Number) before shipping the 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.
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 Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
56K Disclaimer
56K modems are capable of 56Kbps downloads; however, current regulations limit download speed to 53Kbps.
Arbitration
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 relief 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:
Telephone: 1-800-88-HAKKO (42556)
Email: [email protected]
Effective Date
June 1, 2024