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LEGAL INFORMATION: Terms and Conditions of Sale

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TERMS AND CONDITIONS OF SALE

The Customer and Asteroid Scientific ("AS") tacitly agree by this statement that the purchase of AS hardware and software products ("the Products") are made under these Terms and Conditions of Sale, and that "AS" SHALL NOT BE BOUND BY CUSTOMER'S ADDITIONAL OR DIFFERENT TERMS.

Customer's order and purchase of the Products shall implicitly constitute acceptance of these terms and conditions.


TITLE

Title to the Products shall pass at the Customer's plant. However, AS retains a security interest and right of possession to the Products until Customer makes full payment.


PAYMENT

Customer shall make payment in full, prior to delivery by cashier's check, credit card, or money order. Payments for orders shall be made in U.S. Dollars. In the event of any order for several units, each unit(s) will be invoiced when shipped.

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TAXES

All Product prices are exclusive of any applicable taxes.

Customer shall pay sales, use, service, value added or like taxes, unless Customer has provided AS prior to shipment with the appropriate exemption certificate(s) for the delivery destination that are acceptable to the applicable taxing authorities.

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DELIVERY

AS shall deliver the Products to a designated carrier. Customer shall pay all freight charges. For shipments outside the U.S., the Customer shall additionally pay applicable import duties and other necessary fees and the Customer at his receiving destination shall bear all costs and risks of carrying out customs formalities and clearance.

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LIMITED WARRANTY

All AS software Products are licensed to Customer under the terms of the appropriate AS license. For a period of ninety (90) days from the Delivery Date, AS software Products (when properly installed on applicable operating systems) will perform substantially in accordance with specifications. Customer must obtain a Return Material Authorization number from AS before returning any Products under warranty to AS. Customer shall pay expenses for shipment of repaired or replacement Products to and from AS. After examining and testing a returned product, if AS concludes that the returned product is not defective, Customer will be notified, the product will be returned at Customer's expense, and a fee will be made for the examination and testing. This Limited Warranty is void if failure of the Products has resulted from accident, abuse, misapplication, or unauthorized maintenance or repair of supplied Products.

The Products are provided "as is" without warranty of any kind, except as expressly set forth above, and no other warranties, either expressed or implied are made with respect to said Products, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. AS does not warrant, guarantee, or make any representations regarding the use of or the results of the use of the products in terms of correctness, accuracy, reliability, or otherwise and does not warrant that the operation of the products will be uninterrupted or error free. AS expressly disclaims any warranties not stated herein.

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RETURN/CANCELLATION POLICY

Customer may return unwanted Products within thirty (30) days of the Delivery Date as long as there is no material damage to said Products. In the the case of software media, only unopened packages are acceptable as returnable items. No returns will be accepted after the thirty (30) day period. Customer shall pay a fifteen percent (15%) restocking charge on any unwanted Products returned to AS. Where special equipment or services are involved prior to shipment of Products, Customer shall be responsible for all related work in progress; however, AS shall take responsible steps to mitigate monetary charges immediately upon receipt of written cancellation notice from Customer.
   A Return Material Authorization (RMA) number must be obtained from AS prior to returning any Products.
   If any representations made by Customer to AS are false or misleading, AS may terminate any order at its discretion. Changes to purchase orders shall not be binding upon nor be put into effect by AS unless confirmed in writing by AS's appropriate representative.

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ACKNOWLEDGMENT

Customer acknowledges reading these Terms and Conditions of Sale, understands them, and agrees to be bound by them. A waiver of any provision of this agreement shall not be construed as a waiver or modification of any other term hereof.

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GOVERNING LAW

With respect to all orders accepted by AS in the United States, disputes arising in connection with these Terms and Conditions of Sale shall be governed by the laws of the State of Nevada without regard to principles of conflicts of laws.

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