Terms & Conditions

Terms and Conditions of Sale for Web‑based Purchase THESE TERMS AND CONDITIONS ARE TO BE READ TOGETHER WITH THE APPLICABLE QUOTE OR INVOICE (the “Invoice”) AND THE TERMS OF ANY SERVICE SELECTED BY CUSTOMER. The following terms and conditions govern the sale by ATSCO Sales & Service (“Vendor”) to Customer of the products and services (the “Products”). By accepting delivery of the Products described on the Invoice, Customer agrees to be bound by and accepts these terms and conditions.

1. Amendments Customer may not alter, supplement or amend these terms and conditions under any circumstances. Any attempt by Customer to so alter, supplement or amend these terms and conditions, or to enter into an order for Products that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and ATSCO Sales & Service. ATSCO Sales & Service may alter or make amendments to these terms and conditions as they relate to future sales or deliveries at any time without prior notice.

2. Governing Law This document shall be governed by and construed in accordance with the laws of The United States of America and the parties hereby agree to the non‑exclusive jurisdiction of the courts of The United States of America.

3. Payment Terms; Orders; Quotes; Interest Credit terms are within ATSCO Sales & Service’s sole discretion, and unless otherwise specified in ATSCO Sales & Service’s invoice, payment must be received by ATSCO Sales & Service prior to ATSCO Sales & Service’s acceptance of an order. Payment for the Products will be made by credit card. If credit terms have been agreed to by ATSCO Sales & Service, invoices are due and payable within 30 days after the date of the invoice. ATSCO Sales & Service may invoice parts of an order separately. Orders are not binding upon ATSCO Sales & Service until accepted by ATSCO Sales & Service. All Quotes given by ATSCO Sales & Service will only be valid for the period stated on the Quote. Customer agrees to pay interest on all amounts past due at a rate of 4% per month (24% per year).

4. Shipping Charges and Taxes Separate charges for shipping and handling will be shown on ATSCO Sales & Service’s invoice(s). Unless Customer provides ATSCO Sales & Service with a valid and correct tax exemption certificate applicable to the Products shipped to Customer’s location prior to ATSCO Sales & Service’s acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on ATSCO Sales & Service’s net income. If applicable, a separate charge for taxes will be shown on ATSCO Sales & Service’s invoice.

5. Title Title to Products passes from ATSCO Sales & Service to Customer at the time the Products leave ATSCO Sales & Service’s warehouse except that title shall remain with the applicable licensor(s). Customer agrees that it will be bound by each such license agreement once its package is opened or its seal is broken. ATSCO Sales & Service will take responsibility for any loss or damage to the Products which occurs during shipping. Shipping dates are estimates only. ATSCO Sales & Service is not liable for delays in shipment or failure to ship by the estimated ship date.

6. Warranties and Disclaimers (a)THE LIMITED WARRANTIES, APPLICABLE TO ATSCO SALES & SERVICE BRANDED PRODUCTS ONLY, ARE INCLUDED IN THE APPLICABLE WARRANTY STATEMENT IN THE DOCUMENTATION ACCOMPANYING THE PRODUCTS. ATSCO SALES & SERVICE MAKES NO EXPRESS WARRANTIES OR CONDITIONS EXCEPT THOSE IN ATSCO SALES & SERVICE’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE, AND ATSCO SALES & SERVICE WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTY ONLY UPON ATSCO SALES & SERVICE‘S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

(b)ATSCO SALES & SERVICE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(c)ATSCO SALES & SERVICE’S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN ATSCO SALES & SERVICE’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.

(d)ATSCO SALES & SERVICE RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, WITH RESPECT TO FUTURE SALES AND DELIVERIES.

7. Return Policies ATSCO Sales & Service’s Customer Return Policy provides that end‑user Customers who buy Products directly from ATSCO Sales & Service may return them to ATSCO Sales & Service up to 90 days after the date of the Invoice for such Products for a refund of the Product purchase price less 25% restock fee if the same has already been paid by Customer. This refund does not include any shipping and handling charges. Returned Products must be in an “as new” condition, and all of the documentation, diskettes, CDs, power cables and any other items included with the Products must be returned.

8. Exchanges From time to time, ATSCO Sales & Service may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with ATSCO Sales & Service’s exchange policies in effect on the date of the exchange.

9. Products ATSCO Sales & Service’s policy is one of ongoing Product update and revision. ATSCO Sales & Service may revise and discontinue Products at any time without prior notice. ATSCO Sales & Service shall use its reasonable efforts to ensure that the catalog of Products on its website is up-to-date, but ATSCO Sales & Service makes no guarantee that all Products listed in ATSCO Sales & Service’s online catalog will be available at all times or at any time.

10. Limitation of Liability ATSCO SALES & SERVICE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN OR IN THE APPLICABLE WARRANTY STATEMENT OR SERVICE OFFERING INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. ATSCO SALES & SERVICE SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.

11. Service and Support Service and support offerings may vary from Product to Product. ATSCO Sales & Service has no obligation to provide service or support for any Product until ATSCO Sales & Service has received full payment for such Product or service/support contract for which service or support is requested. ATSCO Sales & Service shall be under no obligation to supply support or repair services that are required because of improper or inadequate installation, use or maintenance, actions or modifications by unauthorized third parties or Customer, or accidental or willful damage or misuse. Services are provided in accordance with the provisions contained in the available Service Offering selected by Customer, as shown on the applicable ATSCO Sales & Service quote or invoice.

12. Applicable Law and Not For Resale Customer agrees to comply with all applicable laws and regulations of The United States of America and its states/provinces. Customer agrees and represents that it is buying for its own internal use only, and not for resale. ATSCO Sales & Service has separate terms and conditions governing purchases by resellers.

13. Export Control Any and all products available for purchase or license on this web site are subject to the export control laws and regulations of The United States of America in effect from time to time. In purchasing any of the Products, Customer agrees not to dispose through export, re‑export, trans‑shipment or otherwise, of any Product purchased or licensed from or through ATSCO Sales & Service, except in accordance with such export control laws and regulations.

14. Entire Agreement The terms and conditions contained herein and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and ATSCO Sales & Service pertaining to the subject matter hereof, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings and negotiations, whether written or oral, between the parties. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.

15. Severability The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.

16. Headings The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

17. Force Majeure ATSCO Sales & Service shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.