is not liable for pictorial (including but not limited to color
and size) or typographical inaccuracies on this website. All
ATEQ product and/or service specifications are subject to change
without notice. Prices shown are cash prices in U.S. dollars
and are subject to change by ATEQ without notice. Shipping and
handling fees are also subject to change without notice. ATEQ
reserves the right to limit quantities.
provided on this website is subject to change without notice.
ATEQ has made every effort to make this website helpful and
accurate. However, due to the open nature of this website,
and the potential for errors in the storage and transmission
of digital information, ATEQ does not warrant the accuracy
of information obtained from this website. THIS WEBSITE
AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EXPRESS OR IMPLIED. ATEQ
EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. ATEQ
does not warrant that functions contained on this site will
be interrupted or error?free, that defects will be corrected,
or that this site or the servers are free of viruses or other
harmful components. ATEQ does not warrant or represent the
use of the materials on this site in terms of their correctness,
accuracy, reliability, or otherwise. Buyer assumes the entire
cost of all necessary servicing, repair or correction.
NO CIRCUMSTANCES WILL ATEQ BE LIABLE TO ANY PERSON OR BUSINESS
ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OF ANY KIND, OR OTHER DAMAGES BASED ON ANY USE OF THIS WEBSITE
OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LIKED, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF PROGRAMS OR INFORMATION, EVEN IF ATEQ HAS BEEN
SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
website may contain ATEQ trademarks, servicernarks and other
intellectual property of ATEQ. All marks are the property
of ATEQ or its other worldwide companies. All rights in the
intellectual property contained in this website, including,
but not limited to copyright, trademarks, trade secret and
patent rights are reserved. Access to this website does not
constitute a right to copy or use any of the intellectual
property of ATEQ or its suppliers. Statutory notice contained
herein represents trademark status in the United States. ATEQ
is committed to the protection of the privacy of its customers
and website visitors. Currently, our website systems do not
automatically capture any personal information identifiable
to you, including your e?mail address, unless you specifically
give it to us. Information provided to ATEQ by Buyer will
be received by ATEQ on a non?confidential basis, and ATEQ
reserves the right to use such information in its sole discretion.
TERMS & CONDITIONS OF INTERNET SALES
AND PRODUCT or SERVICES INFORMATION :
1. Please read
these terms and conditions carefully before using the online storefront
and/or making a purchase on this website. By using the storefront,
you signify your ("Buyer's") aggreement with these terms
and conditions. If you disagree with any of these terms and conditions
of sale, do not use the storefront. ATEQ reserves the right to modify,
alter or otherwise amend these terms and conditions at anytime,
without notice to you. By using this site after such change is posted,
you agree to be bound by such modifications, alterations or updates.
2. Ateq Corp.,
hereinafter referred to as "Ateq", offers to sell to "Buyer"
( as Buyer has identified itself on ATEQ' website) the equipment,
software, instrumentation, assemblies, accessories or other goods
(defined as the "Goods")
on this website upon the following terms and conditions, and subject
to approval of Buyer's credit by Ateq.
of Buyer of the sale of the Goods shall be effective upon Buyer's
acceptance of the terms and conditions of sale as evidenced by Buyer's
digital acceptance of this Agreement.
Any terms of
Buyer's acceptance which change, supplement, or contradict the terms
contained herein shall be of no effect, null and void.
4. Payment terms
are one hundred (100%) percent of the purchase price, plus shipping
(N/A for software), handling and taxes all paid with Buyer's order,
which shall be either via COD (check on delivery) or with a credit
card acceptable to Ateq: Visa, Mastercard and American Express.
Unless otherwise stated, quoted prices do not include any applicable
local, state or federal taxes, whether such taxes are measured by
sales or otherwise. Any such taxes, if applicable, shall be borne
and paid by Buyer. Buyer shall forthwith pay to Ateq all such tax
sums upon demand, unless Buyer provides, at the time of Buyer's
acceptance of the sale of the Goods, a proper tax exemption certificate.
All online prices are subject to change without prior notice to
5. Buyer shall
not cancel any order for any reason, without Ateq's express written
consent. If Buyer cancels all or any portion of the accepted order,
returns the Goods, or holds up shipment without Ateq's written consent,
in addition to all other damages incurred by Ateq, Buyer shall pay
to Ateq a fifty (50%) percent re-stocking fee, which Buyer acknowledges
is reasonable and not a penalty. Buyer shall also pay for any other
non-recoverable costs incurred by Ateq in connection with the cancelled
or rescheduled shipping dates. Ateq's consent to holding the Goods
beyond shipping dates, without storage charges, or shipment of all
or part of the Goods, shall not constitute a waiver of any rights
6. Ateq shall
replace or repair, at its option, any Goods supplied by it which
prove to be defective in workmanship or material, if written notice
of any claim is given to Ateq by the Buyer within one (1) year of
the date title to the Goods passes to Buyer and, in all events,
within thirty (30) days after the alleged defect was first noticed
or should have been noticed by Buyer, or all such warranties shall
be deemed to have been waived.
shall not apply to any Goods which have been subject to accident,
negligence, alteration, abuse, misuse or inadequate use. Service
and/or maintenance costs after expiration of the one (1) year warranty,
as well as service and/or maintenance costs not covered under warranty
shall be Buyer's sole responsibility.
Buyer is not
authorized to extend or transfer any warranties, make any representations
or enter into any agreements to or with any third person on behalf
of Ateq without our express written authorization. In the absence
of such authorization, Ateq shall not be liable on any claims arising
out of any warranties, representations or agreements by Buyer or
its employees, agents, assigns, successors, or contractors.
is provided by Ateq hereunder as to products manufactured by other
than Ateq. Ateq's only obligation with respect to any goods, software,
equipment or material manufactured by another manufacturer or supplier
shall be to assign to Buyer (upon Buyer's written request) the applicable
manufacturer's warranties, if any, but only to the extent assignable
THE WARRANTY SET FORTH IN THIS PARAGRAPH 6, ATEQ DISCLAIMS ALL OTHER
WARRANTIES WITH RESPECT TO THE GOODS SOLD, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, (EVEN IF THAT PURPOSE IS KNOWN
TO ATEQ) OR NON?INFRINGEMENT. THE FOREGOING IS IN LIEU OF ALL OTHER
OBLIGATIONS OR LIABILITIES ON THE PART OF ATEQ ON ACCOUNT OF THE
GOODS TO BE SOLD HEREUNDER.
IN NO EVENT
SHALL ATEQ BE LIABLE TO BUYER FOR CONSEQUENTIAL INCIDENTAL, INDIRECT
OR SPECIAL DAMAGES OF ANY KIND OR LOST PROFITS, BUSINESS INTERRUPTION;
NOR, EXCEPT AS ATEQ MAY OTHERWISE SPECIFICALLY AGREE IN WRITING,
SHALL ATEQ BE LIABLE FOR TRANSPORTATION, LABOR OR OTHER CHARGES
FOR ADJUSTMENT, REPLACEMENT, INSTALLATION, OR OTHER WORK WHICH MAY
BE PERFORMED BY BUYER OR ON BUYER'S BEHALF.
IT IS THE
RESPONSIBILITY OF THE BUYER TO RETAIN THE PACKAGING MATERIAL IN
THE EVENT THAT THE GOODS NEED TO BE RETURNED FOR WARRANTY SERVICE.
ATEQ WILL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED DUE TO IMPROPER
PACKAGING BY BUYER. NEW PACKAGING MATERIAL WILL BE CHARGED TO AND
MUST BE PAID FOR BY BUYER.
specified herein, title, possession and risk of loss shall pass
to Buyer upon transfer of the Goods to Buyer, which shall be F.O.B.
Ateq's facility in Canton, Michigan.
stated, delivery time shall be one (1) business day to seven (5)
weeks on standard Goods depending on which method of shipment Buyer
has chosen, as defined in Ateq's sole discretion. Please consult
Ateq regarding delivery time for custom Goods. Delivery time commences
from the day Ateq acknowledges receipt of Buyer's email order and
ATEQ has received Buyer's payment authorization in full.
Ateq shall not
be responsible or liable to Buyer for any damage suffered for any
delay or failure in performing any of its obligations or commitments
offered herein, when:
a. Such delay
or failure to perform is the direct or indirect result of strikes
(total or partial), lockouts, labor disputes, delays or strikes
in transportation or public services in the United States or abroad,
significant reject rate of parts during manufacturing, serious tooling
or manufacturing incidents, shortages in shipping space, orders
or decrees of any court or governmental agency, war, accidents,
floods, fires, earthquakes, epidemics, natural disasters or any
other causes whatsoever, either similar or dissimilar to those hereinbefore
enumerated, beyond Ateq's reasonable control; or
b. Payment conditions
have not been respected by Buyer; or
to be supplied by Buyer has not been received by Ateq in a timely
d. In any event,
when the delay is not entirely the responsibility of Ateq.
of the Goods is delayed at Buyer's request prior to the manufacture
of the Goods, the price paid by Buyer shall be subject to revision,
at Ateq's option, to the price in effect on the new delivery date.
Buyer shall have no right to cancel or rescind this Agreement by
reason of any of the above excusable delays, and Buyer shall accept
delayed performance by Ateq.
the right to, at any time, cancel this Agreement, even during process,
for any of the above reasons or in the event that there is a sudden
rise in the price of supplies, energy or manpower that would significantly
increase the cost of the Goods or services provided by Ateq. Such
a cancellation will, in no way, entitle Buyer to any damages or
claims for damages.
by Buyer for subsequent installation shall be stored by Buyer as
necessary to avoid extreme temperatures and to provide protection
from weathering elements. Such storage is at Buyer's risk and is
not covered by Ateq's warranty in Paragraph 6.
to defend, indemnify and hold Ateq harmless against any claims,
suits, damages, costs and expenses of whatsoever character (including
attorney fees and costs of litigation) that may be asserted or assessed
against Ateq by any person, firm or corporation on account of any
of Buyer's acts or omissions or acts or omissions of any of Buyer's
agents or customers with regard to the Goods sold hereunder, as
well as any claims, judgments, settlements or damages that Ateq
may be required to pay to any of Buyer's employees who allege or
prove that he or she has been injured in the course of his or her
employment while working with the Goods supplied by Ateq under this
Agreement, which injury is caused or contributed to by the negligence
or fault of Buyer or Buyer's agents.
and agrees that all applications, product related documents, including
but not limited to test results, methodology and other related documentation
(collectively the "Information") which may be provided to Buyer
by Ateq with respect to the Goods are the exclusive proprietary
property of Ateq. Buyer shall not disclose or make available the
Information or any portion thereof to third parties without Ateq's
prior written consent. The Information shall not be duplicated or
misused in any manner contrary to the interests of Ateq. Upon any
cancellation or breach of this Agreement by Buyer, all such Information
(and all copies) shall be immediately returned to Ateq.
and conditions of sale constitute the entire Agreement between ATEQ
and the Buyer with regard to the Goods to be sold hereunder, and
Ateq and Buyer agree that there are no oral agreements or other
agreements or understandings between the parties affecting or in
any manner whatsoever changing the contents of this Agreement. No
terms or conditions herein may be changed without Ateq's written
consent, signed by Ateq's authorized representative.
forbearance or other act by Ateq shall waive any default, except
in a writing signed by Ateq's authorized representative and no waiver
with respect to any one or more defaults shall operate to waive
any subsequent defaults. This Agreement is for the exclusive benefit
of Ateq and Buyer and there are no third party beneficiaries of
this Agreement. The provisions herein shall be binding upon the
parties' representatives, successors and assigns.
the terms contained herein, if at any time Ateq believes, in good
faith, that the performance of any duty by Buyer is impaired, Ateq
may declare this sale terminated and void and, if applicable, demand
return of the Goods, plus payment in full of any costs related thereto.
provided herein, shall be cumulative and in addition to any other,
further remedies that might be available to Ateq, in law or in equity.
of this Agreement shall be considered severable; and if, for any
reason, any provision or provisions of this Agreement, in full or
part, are determined to be invalid, illegal or unenforceable by
a court of competent jurisdiction, such invalidity, illegality or
enforceability shall not impair or affect the validity, legality
or enforceability of the remaining provisions hereof, which shall
remain in full force and effect.
shall be interpreted, enforced and governed by the laws of the State
of Michigan, as it is applied to agreements entered into and to
be performed entirely within such state. All claims or causes of
action relating to or during this Agreement shall be brought in
the State of Michigan. Michigan jurisdiction and venue is appropriate
and proper to the Buyer.