Aktion, Inc. Sales Terms & Limited Warranty Agreement
This Sales Terms & Limited Warranty Agreement (the “Agreement”) applies to products (hereinafter the “Product”) purchased via AktionSupply.com (the Website), by telephone, or any other method of purchase made available by Aktion, Inc., (collectively, “We” or “Us” or “Our”).
For purposes of this Sales Terms & Limited Warranty Agreement, unless otherwise noted, all references to Aktion, Inc., include AktionSupply.com. By purchasing the Product(s), you consent to these Sales Terms and Limited Warranty. By purchasing the Product(s), you accept and agree to be bound and abide by these Sales Terms and Limited Warranty.
For purposes of this Sales Terms & Limited Warranty Agreement, the Seller is Aktion, Inc., and the Buyer is You.
Changes to the Sales Terms & Limited Warranty Agreement
We, at our sole discretion, may from time to time make changes to this Agreement without notice to you. We advise you to check this page from time to time for any changes. By your continued purchase of our Product(s), you consent to the changes made to this User Agreement.
1. Terms and Conditions: All Product(s) sold by Aktion and purchased by Buyer shall be governed by this Sales Terms & Limited Warranty Agreement. No salesman or any other person has authority to alter Aktion’s prices or the terms of this Agreement, without direct written approval signed by an authorized officer of Aktion, Inc. The general terms and conditions of the Buyer do not become a part of the contract even if they are not expressly contradicted in each individual case, except where Aktion has, in each individual case agreed to so in writing.
2. Contract Formation: The proposals of Aktion are not binding offers, but rather are an invitation to Buyer to make a purchase offer to Aktion. A contract shall become effective only if Buyer submits an order/offer to Aktion and Aktion accepts the same, subject to the terms set forth herein.
3. Prices; Payment Terms; Late Charges: All prices relate to standard trading units and are expressed in U.S. Dollars. For orders of small volume, with special manufacture or deviations from standard trading units, additional surcharges may apply. On approved credit, payment in full is due (30) days from Aktion’s invoice date. Aktion may refuse or rescind credit terms to any customer at its sole and absolute discretion based upon payment history, credit reports or for any other reason. If the Buyer fails to pay any invoice in full on or prior to its due date, Buyer shall be in default and in addition to all rights available to Aktion under law or equity, Aktion shall be entitled to exercise all or any one of the following rights: (a) charge interest at a rate equal to the lesser of (i) One and one-half percent (1 ½%) per month, or (ii) the maximum rate permitted by law, from the due date until paid, (b) accelerate the due date of any other outstanding invoices; and (c) suspend performance and/or terminate its remaining obligations under any other contract with Buyer.
4. Cancellation; Liquidated Damages: If Buyer withdraws or cancels an order prior to shipment; Aktion may impose, without prejudice to its other rights and remedies, a liquidated damages fee up to 50% of the retail value of the order so canceled.
5. Delivery Schedule; Force Majeure: Maintenance of delivery schedule requires performance and cooperation of Buyer. The Delivery schedule shall be automatically extended to the extent reasonably necessary for events or circumstances beyond the control of the Aktion (e.g. any act of God, war, terrorism, and/or other act of Force Majeure) or its suppliers, and Aktion shall have no liability resulting from such delay and/or its effects on buyer. Partial shipments are permitted to the extent not in violation of any express provision of the contract. Shortages or Surpluses of up to 10% of the agreed quantity shall constitute complete performance by Aktion.
6. Taxes & Fees: All Product prices do not include any local, state, federal or foreign taxes, fees, duties or other assessments. Any taxes or governmental fees are solely the responsibility of the Buyer and shall be paid by the Buyer.
7. Limited Warranty: All Product(s) sold pursuant to this Agreement, to the best of Aktion’s knowledge are covered by the Manufacturer’s limited warranty. Buyer expressly acknowledges that the Product(s) are purchased by the Buyer without any express or implied warranty of any kind, and that the Buyer will look solely to the Manufactures limited warranty (if any) with respect to any warranty claims. Properties and characteristics of Product(s) referenced in Technical Data Sheets (TDS), are intended to provide general characteristics and are not to be construed as determining suitability for all possible applications and conditions. It is the Buyer’s responsibility to determine the suitability of Product(s) for their specific applications and conditions. Oral advise, suggestions or recommendations buy Aktion do not release the Buyer from Buyer’s obligation to determine the suitability of the Product(s) for their specific application. Except as specifically stated in this Agreement, Aktion makes no warranties, expressed or implied, and specifically disclaims, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose.
8. Limitation of Liability: Aktion’s liability hereunder shall be limited to the replacement of the Product(s) or reimbursement up to the purchase price of the Product(s) as Aktion may choose in its’ sole and absolute discretion. Said replacement or refund of Product(s) purchase price as the case may be, shall be the Buyer’s sole remedy with respect to the warranty set forth in this Agreement. Aktion shall not be liable for any indirect, incidental, or consequential damages (including lost profits) sustained or incurred in connection with or arising out of the Product(s) or services furnished or to be furnished by the Aktion under this Agreement, regardless of the form of action, whether in contract, tort including negligence, strict liability, or otherwise and whether or not such damages were foreseen or unforeseen.
9. Procedures for Warranty Claims: All claims under the Limited Warranty contained herein shall be made in writing by the Buyer of the Product(s) within twenty-one days (21) days of the shipping date. The Buyer must present a billing invoice or shipping documents to establish the original date of purchase and proof of Limited Warranty.
10. Delivery / Risk of Loss: Delivery shall be F.O.B. Aktion’s warehouse. Risk of loss of the Product(s) shall pass from Aktion to Buyer upon delivery from Aktion’s premises. At Buyers request, Aktion may arrange for shipment of goods on Buyer’s behalf and at Buyer’s sole expense.
11. Licenses and Permits: Buyer shall be responsible for obtaining any licenses, permits, consents, and approvals from any federal, state or local government, which may be necessary to possess, use, apply, or dispose of such Product(s).
12. Environmental laws; Duty to Defend and Indemnify: Aktion assumes no responsibility or liability with respect to Buyer’s receipt, handling, use, storage, or disposal of the Product(s) under any federal, state, or local statue, law, ordinance or code designed to protect the environment (collectively, and as may be amended from time to time, “Environmental Laws”). Buyer shall be liable for and hereby agrees to indemnify, defend and hold Aktion harmless from and against any and all liabilities, losses, claims, damages, actions, causes of actions, costs and expenses arising from or in connection with the Product(s) from the time of its delivery to Buyer, including without limitation, all liabilities incurred or suffered by Aktion arising out of or related to Buyer’s receipt, handling, use, storage resale, or disposal of the Product(s) under any federal or state environmental laws, rules or regulations; provided however, that the Buyer shall not be liable to the Aktion nor shall it have any obligation to indemnify Aktion for any claim arising or related, directly or indirectly, to Aktion’s sale of the Product(s), and/or its negligence, willful misconduct, or failure to comply with any state or federal laws or regulations with respect to or in connection with the Product(s) while in the Aktion’s possession.
13. Prior Dealings: Entire Agreement: No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any terms of this Agreement. This Agreement represents the entire Agreement between the parties with regards to the purchase of any Product(s) and is final, complete and exclusive statement of the terms thereof. The parties have not made or relied upon any representations, understandings, or other agreements not specifically set forth herein. Any purchase order or web-based order issued by Buyer shall be deemed to have been issued for its own purchasing, accounting and other record keeping purposes only and shall not be deemed as part of this Agreement. All rights of Aktion set forth herein are cumulative, and are in addition to all rights available to Aktion under the applicable Uniform Commercial Code.
14. Assignment: Buyer may not assign its rights under this Agreement, without the written consent of the Aktion.
15. Severability: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held by a court of a competent jurisdiction to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement. It is the express intention of the parties hereto that in lieu of such provision there may be added, as a part of this Agreement, a provision as similar in terms to such invalid provision as may be possible and legal, valid, and enforceable.
16. Governing Law / Venue: Enforcement: The Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties consent and agree that for all claims and causes of action arising in connection with this Agreement, venue shall be in Los Angeles County, State of California. In the event Aktion must pursue legal action to compel compliance with the terms of this Agreement, Aktion shall be entitled to recover attorney’s fees and costs, including without limitation, any collection costs incurred by Aktion. UN Sales law is not applicable.
Incorporation by Reference / Website Agreements
AktionSupply.com / Aktion, Inc., welcomes your questions or comments regarding this Sales Terms & Limited Warranty Agreement. Please feel free to contact us at anytime using the information below:
AktionSupply.com / Aktion, Inc.
28310 Avenue Crocker, Suite A
Valencia, CA 91355
Phone (661) 257-8861
Email: click here