Terms and Conditions
1. General Terms
These Terms and Conditions (“Terms”) govern the use of the website https://appliedeminnovations.com and the purchase of products and services offered by appliedEM innovations (collectively, “we,” “us,” “our,” “seller,” or “company”). Please read these Terms carefully before accessing or using the website or purchasing any products or services. By accessing or using the website or purchasing any products or services, you agree to be bound by these Terms.
2. Purchases
- Product Descriptions: We strive to provide accurate and detailed descriptions of our products and services. However, we cannot guarantee that all descriptions are completely accurate, complete, or current.
- Prices: Prices for products and services are subject to change at any time without notice. We will make commercially reasonable efforts to ensure the accuracy of the prices listed on the website, but we cannot guarantee that they will always be accurate.
- Orders: All orders are subject to availability and acceptance by the Company. We reserve the right to reject any order for any reason, without limitation.
- Payment: We accept payment by most major credit card (e.g., MasterCard, VISA, Discover, American Express, etc.), PayPal, and Apple Pay. Payment is due at the time of your order.
- Shipping: We will ship products to the address you provide at checkout. Shipping charges are calculated based on the weight and size of your order and your chosen shipping method. We are not responsible for delays in shipping caused by factors beyond our control, such as weather or carrier delays.
- Returns and Refunds: Please see our Returns and Refunds policy.
- Project Scope: The scope of any design services will be defined in a separate agreement between the Company and the client.
- Fees: Design fees will be quoted on a project-by-project basis and will depend on the complexity of the project.
- Payments: Payment for design services is due at the time of the agreement or in installments as agreed upon by the Company and the client.
- Intellectual Property: All intellectual property rights in the design deliverables belong to the Company until full payment is received.
- Any taxes related to the products purchased are the responsibility of buyer (excluding taxes based on seller’s net income), unless buyer presents an exemption certificate acceptable to seller and the applicable taxing authorities. If any exemption certificate presented by buyer is held to be invalid, then buyer will pay seller the amount of the tax and any penalties and interest related thereto.
- If possible, seller will bill taxes as a separate item on the invoice presented to buyer.
- Sales tax will be charged on product cost and shipping & handling where applicable and required by law. Any sales tax due that is not collected by the seller is the responsibility of the buyer.
- International orders may be subject to various taxes and duties in the country of destination, all of which are the responsibility of the buyer. This includes sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, document fees and import duties.
- Content: All content on the website, including text, graphics, logos, images, documents, and software, is the property of the Company or its licensors and is protected by copyright and other intellectual property laws. You may not use any content from the website without the express written permission of the Company.
- User Conduct: You may not use the website for any illegal or unauthorized purpose, including, but not limited to, hacking, spamming, or transmitting viruses.
The website and all products and services are provided “as is” and without any warranties, express or implied. The Company does not warrant that the website will be uninterrupted, error-free, or secure. The Company does not warrant that the products and services will meet your needs or expectations.
7. Limitation of Liability
The Company will not be liable for any damages arising out of your use of the website or the purchase of any products or services, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
8. Export Compliance
- Items that are controlled by the U.S. Government are authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) identified in the invoice. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations. Customer agrees to comply with all applicable export control laws, restrictions and regulations of the United States, and shall not export, or transfer for the purpose of re-export, any product to any embargoed country or region, or to any denied, blocked, or designated person or entity as mentioned in any such United States law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List, as identified by the U.S. Treasury Office of Foreign Asset Control (OFAC) and by the U.S. Department of Commerce, Bureau of Industry and Security (BIS), or any other United States list of prohibited persons; is not owned or controlled by any person that is on the OFAC list, or is otherwise prohibited by United States law from purchasing the products or services hereunder. Customer shall be solely responsible to obtain any license to export, re-export or import as may be required. Customer also agrees that it will not use these products in connection with the proliferation of weapons of mass destruction, including missiles, nuclear, chemical or biological weapons.
- Seller shall not be liable for delays or refusals by governmental authorities or other authorities to grant licenses or approvals, nor for suspension or revocation thereof, nor for changes in export classification. Buyer must deliver requested information, including requested end-user information, necessary for export licenses to be granted, and or necessary for seller to determine if a license or other type of authorization is required.
- For all custom orders, buyer shall provide seller with export classification information for all buyer property and information (including buyer drawings) delivered to seller in relation to this order. Export classification information includes the applicable export control classification, the country of origin and, for hardware only, the Harmonized Tariff Code. For such custom orders, seller will supply buyer with similar export classification information for products and/or information for which seller has design authority. Buyer and seller will promptly notify the other upon a change in classification information if any occurs prior to delivery.
- All matters arising out of or relating to this agreement, or a breach thereof, are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
- Any legal suit, action or proceeding arising out of or relating to this agreement, or a breach thereof, will be instituted in the federal or State courts located in Los Angeles, California or its closest California venue. Each party irrevocably submits to the exclusive jurisdiction of the courts in any legal suit, action or proceeding.
- Notwithstanding delivery of and the passing of title in any product, nothing in these terms and conditions shall have the effect of granting or transferring to, or vesting in, buyer any intellectual property rights in or to any products.
- The drawings, text, product depictions, logos, content, product descriptions, and organization and taxonomy of seller’s website, catalogue, product guides or other documents and media owned by the seller and of the described content there within are proprietary to the seller and protected by intellectual property laws, including but not limited to United States Copyright law and United States Trademark law. Whether seller owns copyrights in these works or not, their content and the selection, arrangement, coordination and structure of the arranged content there within are the sole property of the seller. Use of the above stated materials does not give anyone the right to modify, reproduce, transmit, publish, publicly display, adapt, or create derivative works or in any way exploit any of the materials without express written permission of the seller.
- All trademarks referenced in seller’s catalog or website or depicted within any seller’s documents or digital media, whether registered in United States or other countries, may not be used without permission of the respective trademark owner. This applies to seller owned trademarks as well as those of seller’s suppliers.
- We make no representation or warranty that the products (or buyer’s use or exploitation thereof) will not infringe any intellectual property rights.
Unless otherwise agreed to in writing by us, standard tolerances as described on our drawings, websites and/or posted catalog datasheets shall apply.
12. Product Line Changes
Product specifications and availability are subject to change without notice. We reserve the right to change specifications or discontinue items at our sole discretion for any reason whatsoever including, but not limited to changing market conditions, product discontinuation, component unavailability, manufacturing cost changes and errors in advertisements.
13. Entire Agreement
These Terms constitute the entire agreement between you and the Company with respect to your use of the website and the purchase of any products or services.
14. Amendments
The Company reserves the right to amend these Terms at any time by posting the amended Terms on the website. You are responsible for reviewing the Terms periodically for updates. Your continued use of the website after the posting of amended Terms constitutes your acceptance of the amended Terms.
15. Contact Us
If you have any questions about these Terms, please contact us.