PLEASE READ THESE ‘TERMS OF PURCHASE’ BEFORE USING THE WEBSITE ATCOMAART.COM®
By using this website ‘Atcomaart.com’, you clearly understand and are in agreement to be governed by all of the ‘Terms of Purchase’ set forth along with the ‘Terms of Access’ and "Privacy Policy”.
As and when used, the phrase "You", applies to equally to an individual personally and if applicable, or, to any organization, accessing website for availing products and services rendered through this website.
Henceforth, the term ‘Site’ or website refers to ‘Atcomaart.com
and "we", "us, “and "our” refer to Atcomaart Ltd.
1. For Registered Customers only
As a matter of policy, we supply the material only to our registered customers. Possession of our Atcomaart catalog does not constitute the right to purchase from Atcomaart.com. You must register yourself with us for the same.
2. Prices
All prices offered are net prices with trade discounts already deducted. Market Sensitive Commodity items will be priced according to current market conditions.
3. Sales Tax
Atcomaart.com is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. Therefore, when ordering please indicate clearly which items are tax exempt.
4. Payment Terms
Buyers are required to pay 100 percent advance along with the purchase order of the products.
5. Freight Charges
Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's place of business anywhere in the Country, using a carrier of our choice. Any extra charges incurred for additional services, such as customer's carrier or special
handling by the carrier; has to be paid by the consignee. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, consignee must file claim with the carrier.
6. Atcomaart limited warranty
AtcoMaart limited warranty offers:
All products sold through ‘Atcomaart.com’ are warranted only to customers for resale or for use in business or original equipment manufacture, against defects in workmanship or materials under normal use for one year after date of purchase from Atcomaart.com, unless otherwise stated. Any product which is determined by Atcomaart.com to be defective in material or workmanship and returned to a Atcomaart branch or authorized service location, as Atcomaart.com designates, shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced at the sole discretion of Atcomaart.com.
Warranty disclaimer No warranty or affirmation of fact, express or implied, other than as set forth in the limited warranty statement above is made or authorized by Atcomaart.com. Atcomaart.com disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, and any descriptions does not express or imply a warranty that the products are merchantable or fit for a particular purpose.
Limitation of liability Any liability for consequential and incidental damages is expressly disclaimed. Atcomaart's liability in all events is limited to, and shall not exceed the purchase price paid.
7. Prompt Disposition
Atcomaart will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, contact Atcomaart.com or write or call the Atcomaart branch from which the product was purchased, giving date and number of original invoice, and describing defect.
8. Product Suitability
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for purposes, which may vary from those in neighboring areas. While ‘Atcomaart.com’ attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the
product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
• ADDITIONAL TERMS
Force Majeure
‘Atcomaart.com’ shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of ‘Atcomaart.com’ in the conduct of its business.
Cancellation
Any cancellation must be approved by ‘Atcomaart.com’, and may be subject to restocking and other charges.
Assignment
Customer shall not assign any order or any interest therein without the prior written consent of ‘Atcomaart.com’. Any actual or attempted assignment without Atcomaart's prior written consent shall entitle ‘Atcomaart.com’ to cancel such order upon notice to customer.
Modification of Terms
The acceptance of any order from ‘Atcomaart.com’ is subject to customer's assent to all of the terms and conditions, set forth in Atcomaart's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of Atcomaart's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Atcomaart.com unless agreed to by ‘Atcomaart.com’ in writing.
If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Atcomaart's acknowledgment, Atcomaart's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by ‘Atcomaart.com’ of any of the terms and conditions contained in Atcomaart's acknowledgment.
No Third Party Benefit
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
Complete Agreement.
The terms and conditions in Atcomaart's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and ‘Atcomaart.com’.
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