NOTICE:
Please read the following information carefully before using the Quatech web
site and online shopping service. By using the Quatech web site ("Site"),
you accept these terms and conditions("Terms"). If you do not accept
these Terms, do not use this Site.
Quatech may revise these Terms
at any time by updating this posting, thus it is advised that you regularly
visit this page to review the terms and conditions for use of this site which
are BINDING ON YOU.
TERMS OF USE
General
QUATECH assumes no liability for
damages consequent to the use of any Quatech product or any material contained
within the Quatech web site, including but not limited to any demo programs,
drivers or application programs downloaded from this web site or any other
site to which the Quatech web site is linked. QUATECH reserves the right to
change any material within this web site including but not limited to: manuals,
drivers, product descriptions, product specifications, prices, shipping charges,
and warranty terms, at any time without notice. The information furnished
by QUATECH is believed to be accurate and reliable at the time of posting.
However, no responsibility is assumed by QUATECH for its use, nor for any
infringements of patents or other rights of third parties resulting from its
use.
Third-party Products and Web Sites
Mention of non-Quatech products, services, or web sites is for informational purposes only and constitutes neither
an endorsement nor a recommendation. Links from this Site to third party Web
sites are provided solely as a convenience. Quatech is not responsible for any
of these sites or their content, and does not endorse or make any representations
whatsoever about them, or any information, software or other products or materials
found there. Any access to third party sites is done entirely at your own risk.
Online Contests and Drawings
The following rules and conditions apply to
any and all contests/drawings administered in whole or in part through the
Quatech website.
- NO PURCHASE NECESSARY, unless specifically noted otherwise.
- The contest/drawing
is open to all persons who are at least 18 years of age. Employees (and
their immediate families and household members) of Quatech, Inc. ("Quatech"),
and its affiliates, subsidiaries and advertising and promotion agencies,
(and their immediate families and household members) are not eligible.
- All entries
become the property of Quatech and will not be acknowledged or returned.
Entry constitutes permission to use the winners' names, place of business,
and winners' city and state of residence(s) in advertising and on the Web
Site for no additional compensation.
- No more than one entry per contestant.
- Drawings for winners will be done by the date posted on the contest page, through
a random selection program and will take place
under the supervision of Quatech. Odds of winning depend on the number of
eligible entries received. Participants agree to be bound by these rules.
Winners will be posted on the contest entry web page one business day after
the contest closes.
- Prizes will be shipped to the winner within thirty (30) days of the close of the contest.
Alternative prizes, cash, or other substitutions are not permitted. Prize
is nontransferable but Quatech reserves the right, in its sole discretion,
to substitute prizes of equal or greater value. Quatech is not responsible
for and shall not be liable for late, lost, misdirected, or unsuccessful
efforts to notify winner.
- Quatech shall not be responsible for and shall not be liable for: (i) telephone, electronic,
hardware or software program, network,
Internet, or computer malfunctions, failures, or difficulties
of any kind; (ii) failed, incomplete, garbled, or delayed computer
transmissions; (iii) any condition caused by events beyond the
control of Quatech that may cause the contest to be disrupted
or corrupted; (iv) any injuries, losses, or damages of any kind
arising in connection with or as a result of the prize, or acceptance,
possession, or use of the prize, or from participation in the
contest/drawing; or (v) any printing or typographical errors
in any materials associated with the contest/drawings. Quatech
reserves the right, in its sole discretion, to suspend or cancel
any contest/drawing at any time if a computer virus, bug, or
other technical problem corrupts the administration, security,
or proper play or implementation of the contest/drawing.
- Contests/Drawings are void where prohibited or restricted by law and are subject to all Federal,
State and local laws and regulations. All taxes on prizes are the sole responsibility
of the winners.
Limitation of Liability
Quatech will not be liable for direct, indirect, special, incidental, cover, economic or consequential damages
arising out of the use or inability to use the contents of this Site, even
if advised of the possibility of such damages.
Applicable Laws
Quatech administers this Site from Hudson, OH, and makes no representation that materials at this Site are appropriate
or available for use outside the United States, and access to them from territories
where their contents are illegal is prohibited. If you choose to access this
Site from outside the United States, you do so on your own initiative and are
responsible for compliance with applicable local laws.
This agreement is governed by Ohio law as such laws apply to agreements entered into and to be performed entirely
within Ohio between Ohio residents. Any claim arising out of or relating to
this agreement or Quatech.com shall be settled by binding arbitration in Summit
County, Ohio in accordance with the American Arbitration Association's commercial
arbitration rules. Any such claim shall be arbitrated on an individual basis,
not consolidated with another party's claim. Judgment on the arbitration award
may be entered into any court with jurisdiction, and the arbitrator's award
shall not be appealable or reviewable except as permitted by Ohio law. However,
(a) each of us may seek interim relief from a Summit County, Ohio court to protect
the party's rights or property while arbitration is pending, and (b) at our
option, we may bypass arbitration in cases of fraud or other crimes against
us, interference with our technical operations or violations of our rights or
property.
QUATECH TERMS AND CONDITIONS OF SALE
Both you (the "Customer")
and Quatech, Inc. ("Quatech") agree that the purchase and sales of
Quatech hardware and software products ("the Products") through the
use of this Site are made under Quatech's General Terms and Conditions of
Sale in effect at the time of such purchase, and that Quatech SHALL NOT
BE BOUND BY CUSTOMER'S ADDITIONAL OR DIFFERENT TERMS. Customer's order and purchase
of the Products shall constitute acceptance of these terms and conditions.
QUATECH, INC. -- GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of sale, together with any
specific provisions set forth in the Quatech price quote, purchase
order, or invoice describing your purchase, contains the entire
agreement applicable to purchases of products and services from
Quatech, Inc. ("Quatech"). By accepting delivery of the
products and/or services described in the Quatech price quote, purchase
order, or invoice, you ("Customer") accept and agree to
be bound by these terms and conditions. These terms and conditions
are subject to change without prior written notice at any time,
in Quatech's sole discretion. These terms and conditions may not
be altered, supplemented, or amended by the use of any other documents,
except as otherwise noted. Any attempt to alter, supplement or amend
this document or to enter an order for products or services that
are subject to additional or altered terms and conditions will be
null and void, unless otherwise agreed to in a written agreement
signed by Quatech.
Online Orders:
Quatech
sells online to residents of the US and Canada only. All orders are subject
to acceptance by Quatech. Quatech's booking of an order placed through the online
shopping service shall constitute its acceptance of the order, and an email
will be sent to the Customer confirming this order. NO ORDER IS OFFICIALLY ACCEPTED
BY QUATECH UNTIL A CONFIRMING EMAIL IS SENT TO CUSTOMER OR THE PRODUCTS ARE
SHIPPED TO CUSTOMER, WHICHEVER SHALL OCCUR FIRST. Quatech may assign any order
placed through the online shopping service to an authorized independent distributor
of Quatech. Customer agrees that any order placed with Quatech, together with
any payment processing and order fulfillment associated with that order, may
be assigned to Quatech's authorized independent distributors.
Prices and Payment:
All
prices are subject to change without notice. Unless otherwise stated on the
quotation, any price quotation will expire thirty (30) days from date of issuance.
Stenographic or clerical errors are subject to correction.
All purchases are to be made in US dollars. Unless otherwise agreed to by Quatech,
Customer will make payment in full prior to delivery by cashier's
check, credit card, or money order, unless Quatech approves Customer
for credit terms. If Quatech approves Customer's credit application,
payment shall be due no later than 30 days from the date of Quatech's
invoice, unless different credit terms have been agreed to in writing
by both Customer and an authorized Quatech sales agent. All sums
not paid when due shall accrue interest daily at the lesser of a
monthly rate of 1.5% or the highest rate permissible by law on the
unpaid balance until paid in full. In the event of any order for
multiple units, each unit(s) will be invoiced when shipped. Exceptions
will be made for government purchase orders.
Customer is responsible
for all shipping charges. Orders are entered and accepted by Quatech as soon
after they are received from Customer as possible. However, Quatech is not responsible,
and will not be held liable for, any shipment delays or for any damages which
may result from said delays. Claims for shipment shortage shall be deemed waived
unless presented to Quatech in writing within forty-five (45) days of shipment.
TAXES
Product prices are exclusive of,
and Customer shall pay, applicable sales, use, service, value added or like
taxes, unless Customer has provided Quatech with an appropriate exemption certificate
for the delivery destination acceptable to the applicable taxing authorities.
TITLE
Risk of loss or damage and title
to the Products shall pass to Customer at the FOB shipping point. Notwithstanding
the foregoing, Quatech retains a security interest and right of possession
in the Products until Customer makes full payment.
LIMITED WARRANTY
Quatech guarantees its products against defects in materials and
workmanship for a period of five (5) years from the date of purchase
except for PCMCIA card drives, ISA boards, and inline converters
which are guaranteed for one (1) year from the date of purchase.
Any damage caused by external causes, including problems with
electrical power, servicing not authorized by Quatech, negligent
installation or operation, failure to follow documented procedures,
abuse, or general misuse of the product is not covered by the warranty.
Custom configured products are nonrefundable. Individual product
manuals contain product-specific warranty information. Quatech makes
no express warranties except those stated in this paragraph and
in the applicable warranty statements for specific products in effect
on the date of invoice.
To request warranty service, you must call Quatech
at (800) 553-1170, e-mail: Support@Quatech.com, or submit the online
RMA Request Form within the warranty period with a description of
the problem. If warranty service is required, Quatech will issue
a Return Material Authorization (RMA) Number. You must ship the
defective product back to Quatech during the warranty period in
its original or equivalent packaging, prepay shipping charges, and
insure the shipment or accept the risk of loss or damage during
shipment. Quatech will ship the repaired or replacement products
to you.
Quatech reserves
the right to modify its warranty at any time, in its sole discretion. All software
is provided subject to the license agreement that is part of the package. Customer
agrees that it will be bound by the license agreement once the package is opened
or its seal is broken. Quatech does not warrant any software under this Agreement.
Warranties, if any, for software are contained in the license agreement that
governs its purchase and use.
THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE. QUATECH'S SOLE OBLIGATION (AND CUSTOMER'S SOLE
REMEDY) WITH RESPECT TO THE FOREGOING LIMITED WARRANTY SHALL BE TO, AT ITS OPTION,
REFUND THE PURCHASE PRICE OR REPAIR/REPLACE ANY DEFECTIVE PRODUCTS, PROVIDED
THAT QUATECH RECEIVES WRITTEN NOTICE OF SUCH DEFECTS DURING THE APPLICABLE WARRANTY
PERIOD. CUSTOMER MAY NOT BRING AN ACTION TO ENFORCE ITS REMEDIES UNDER THE FOREGOING
LIMITED WARRANTY MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCTS, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES,
WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
QUATECH,
ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION
LOST PROFITS, BUSINESS INTERRUPTION, LOST OR CORRUPTED DATA OR SOFTWARE, OR
ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN
IF QUATECH OR ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, QUATECH IS
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
RETURN/CANCELLATION/CHANGE POLICY
Domestic Customers
Any customer purchasing a Quatech
product within the Continental US can return it within the first 30 days of
purchase for a full refund of the purchase price. Shipping charges are not refundable.
This policy applies to List Price purchases only. All other purchases to be
negotiated separately. All third party software (DASYLab and TestPoint), 5B
signal conditioning modules, and all customized products are not returnable.
After 30 days, opened packages cannot be returned. Unopened
packages can be returned up to six months (180 days) from the purchase
date, and will be subject to the following restocking charges:
1 - 30 days from date of purchase
no charge
31 - 90 days from date of purchase 20% restocking charge
91 - 180 days from date of purchase 40% restocking charge
Unopened products returned after 30 days are
subject to inspection by Quatech for incidental damages. If the customer has
an open account with Quatech, the account will be credited for the purchase
price less any restocking fees. Checks will be mailed to customers without Quatech
accounts. Any returns past 30 days that do not meet the above criteria must
be explained by extenuating circumstances and must receive special approval
from Quatech management. All returns must have an RMA number clearly marked
on the outside package, and must be shipped freight prepaid. This policy applies
to List Price purchases only. All other purchases to be negotiated separately.
International Distributors/Customers
No Purchases originating from outside the United
States or Canada may be completed online. Any customer purchasing a Quatech
product outside the Continental US can return it within the first 45 days of
purchase for a full refund of the purchase price. Shipping charges are not refundable.
Full refunds will be given for Quatech software returned in this period, so
long as it is unopened and in the original package. However, once the software
(excluding product installation disks) is opened, the sale is final. This policy
applies to List Price purchases only. All other purchases to be negotiated separately.
All third party software (DASYLab and TestPoint), 5B signal conditioning modules,
and all customized products are not returnable.
Unopened packages can be returned up to six months
(180 days) from the purchase date, and will be subject to the following re-stocking
charges:
1 - 45 days from date of purchase no charge
46 - 90 days from date of purchase 20% restocking charge
91 - 180 days from date of purchase 40% restocking charge
Unopened products returned after 45 days are subject to inspection by Quatech
for incidental damages. Along with the restocking fee, the customer
is responsible for all return shipping charges to Quatech including,
but not limited to, applicable duties, customs, provincial taxes,
freight and importation charges. If the customer has an open account
with Quatech, the account will be credited for the purchase price
less any restocking fees. Credit Memos will be generated for those
who have not paid the invoice. Checks will be mailed to customers
without Quatech accounts. All returns must have an RMA number clearly
marked on the outside package, and must be shipped freight prepaid.
This policy applies to List Price purchases only. All other purchases
to be negotiated separately.
FORCE MAJEURE
Quatech shall be excused for
any delay or failure to perform due to any cause beyond its reasonable control,
including but not limited to acts of governments, natural catastrophes, acts
of Customer, interruptions of transportation or inability to obtain necessary
labor or materials. Quatech's estimated shipping schedule shall be extended
by a period of time equal to the time lost because of any excusable delay.
In the event Quatech is unable to perform in whole or in part because of any
excusable failure to perform, Quatech may cancel orders without liability
to Customer
GOVERNING LAW/ARBITRATION
This agreement is governed by Ohio law as such laws apply to agreements entered
into and to be performed entirely within Ohio between Ohio residents. Any
claim arising out of or relating to this agreement or Quatech.com shall be
settled by binding arbitration in Summit County, Ohio in accordance with the
American Arbitration Association's commercial arbitration rules. Any such
claim shall be arbitrated on an individual basis, not consolidated with another
party's claim. Judgment on the arbitration award may be entered into any court
with jurisdiction, and the arbitrator's award shall not be appealable or reviewable
except as permitted by Ohio law. However, (a) each of us may seek interim
relief from a Summit County, Ohio court to protect the party's rights or property
while arbitration is pending, and (b) at our option, we may bypass arbitration
in cases of fraud or other crimes against us, interference with our technical
operations or violations of our rights or property.
COPYRIGHT
All text, pictures, drawings and other graphics herein Copyright
1999-2002 by QUATECH, Inc. All rights reserved. No material in this
site may be reproduced in any way, including but not limited to
on the Internet, on CD ROM, or in print, without the express written
permission of Quatech, Inc. The trademarks and trade-names used
herein are registered to their respective owners.
Quatech may revise these Terms at any time by updating this posting, thus it is advised that you regularly
visit this page to review the terms and conditions for use of this site which
are BINDING ON YOU.
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