Copyright
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on this site is the exclusive property of this site's owner and
protected by U.S. and international copyright laws. All software
used on this site is the property of this site's owner or its
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international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESSED
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S
OWNER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS
SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS
SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Terms and conditions of sales
- HAPP is a registered trademark of E-tec AG.
Quotations and billings are either made by E-tec Interconnect
Ltd Switzerland or HAPP&E-tec Taiwan Ltd. Both entities will
be refered to as HAPP in the below terms and conditions.
- Purchases: Customer shall purchase products by issuing a written Purchase Order signed by an
authorized representative, indicating product names and descriptions,
quantity, price, total purchase price, shipping instruction, requested
delivery date, bill-to and ship-to addresses, tax exempt certifications if
applicable, and any other special instructions and information.
- Prices: All prices are firm for thirty (30) days from the date of quotation.
Shipping costs and risk of loss from point of shipment (Forel - Lavaux
Switzerland
or Taiwan) are the responsibility of customer. For products shipped
freight prepaid or insured, HAPP will bill customer a freight/insurance
charge. Taxes and other incurred costs as a result of the sale are also the responsibility of the
customer. All sales are final.
- Terms of Payment: Upon credit approval by HAPP, payment terms shall
be in advance, or at the option of HAPP, net thirty (30) days from
the date of the shipment. HAPP reserves the right to require alternative payment terms, including,
without limitation, letter of credit. As a consequence of customer’s delinquency in any payment to
HAPP , shipment of any order may be withheld by HAPP , or Pre-Payment by customer
may be required for further shipments. Late Payment Penalty may be charged.
- Products: All products are made to the mutually agreed written
specifications accepted by customer. It applies to all products manufactured or resold by
HAPP .
- Cancellation & Rescheduling: No cancellation and rescheduling
is allowed without written authorization by HAPP . Customer shall pay for the costs of raw materials, processing, and
other incurred expenses before the order cancellation.
- Limited Product Warranty: The sole and exclusive obligations to the customer for any products
made and sold by HAPP are to repair returned defective products or provide
replacement parts at HAPP ’s sole option. HAPP reserves the rights to obtain samples of the claimed defective
products from the customer to determine if they are indeed defective in
workmanship, materials, or not in compliance with the mutually agreed
written applicable specifications, and have in fact failed under normal
use. Claim should be initiated before thirty days following the date of original shipment.
This limited Warranty does not cover: (i) products not manufactured
by HAPP , (ii) consumable or disposable items, or (iii) products that have
been damaged, misused, neglected, modified or repaired by any one other
than HAPP .
- Return: No return on products unless the product quality does not meet the mutually
agreed written applicable product specification. In case of quality problems, customer should notify
HAPP within 30
days of the product ship-date to obtain approval on the return, and
provide evidence to support the claim. No return on overstocked and unused products.
- Limitation of Liability: Except for the warranties stated herein,
HAPP is not liable to the
customer for any consequential, incidental, exemplary, punitive, or
indirect costs or damages, exemplary or indirect costs of damages,
including without limitation, litigation costs, installation and removal
costs, loss of data, damages resulting from use or malfunction of the
products, production, profits, or revenues, or cost of replacement goods,
arising from any cause whatsoever. In no event shall the total collective cumulative liability
of HAPP exceed the
amount paid to HAPP for the products from which such liability arose during
the thirty-day period preceding the date of the claim.
- Attorney’s Fees: If litigation is commenced by either party to enforce any
contract including these terms and conditions, then the prevailing party
shall be entitled to recover its reasonable costs, attorneys’ fees,
collections’ fees and experts’ fees, both at trial and on appeal.
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