ARANET SALE TERMS & CONDITIONS
(May, 2018; rev.3)
Unless they are superseded by an executed agreement, these sale terms and conditions (the “Terms”) shall govern the sale and usage of all Aranet products and accessories (the “Products”) sold by SAF Tehnika and SAF North America, LLC (collectively “SAF”). These Terms shall further govern the licensing of all software products related to or incorporated into SAF’s Products (the “Software”). Should you have any questions regarding the application of these Terms, please contact SAF at helpdesk@aranet.com
No other terms and conditions and / or agreements that are issued by SAF and are related to any other products than Aranet are in force for Aranet products or its accessories.
ORDERING
Product shall be purchased by filling in Quote Request and getting in touch with our sales representative. Purchase Order shall be deemed accepted when the customer receives a written order confirmation from SAF (the “Confirmation”). Payment Order Confirmation from SAF shall constitute a binding agreement to buy and deliver the Product(s) described in the Purchase Order.
PAYMENTS
Payment for the Product should be performed via direct bank transfer. No other payments are applicable.
A failure to pay for the product, at SAF’s sole discretion, be grounds for suspending or canceling the relevant Purchase Order. Payment questions may be directed to helpdesk@aranet.com
SAF’s customers shall be responsible for paying all costs associated with shipping SAF’s Products from SAF’s facilities to a site of the customer’s choosing, including all carrier costs and any pertinent export or customs taxes. Should SAF pay any of these costs, it shall invoice them to the customer.
SAF is not responsible for Customer`s local taxes, customs fees, duties, levies of any kind.
DELIVERY
In some cases the goods might not be available for all countries. Customer will find such territorial restrictions at notes in web-shop.
SAF processes the purchase orders within two (2) working days. All Products will be delivered directly to the delivery address, provided in the customer purchase order, using DHL Express global delivery service (or Fedex – for US deliveries).
Shipping and handling costs are automatically added to customer’s Invoice or during checkout process, based on the weight of the order, the country to which the goods are being shipped and selected delivery method.
The customer is solely responsible for ensuring the Products comply with the local laws and regulations (including frequency range) upon purchase of the Products.
Customers are responsible for possible import customs and taxes.
After dispatching the order SAF will send a delivery notification with a tracking link to the customer’s email address.
SAF may deliver goods in one or more parcel(s)
CANCELLATIONS
SAF shall have the right to cancel any Purchase Order submitted pursuant to these Terms for any reason whatsoever by sending a written notice to the applicable customer. In the event of an SAF cancellation, SAF’s sole responsibility shall be a refund of the customer’s payment no later 30 days after transmitting its notice of cancellation. A customer may withdraw its Purchase Order any time before SAF issues its Confirmation. After SAF issues its Confirmation, however, all cancellations are subject to a cancellation fee equal to 20% of the Purchase Order’s value or, in the event of a partial cancelation, 20% of the purchase price for all Products cancelled.
By submitting the Purchase Order, each customer acknowledges the cancellation fees described above are reasonably based on the damages SAF will experience in the event of a cancelation, which may be difficult to otherwise ascertain, and further agrees such fee represents fair compensation under the circumstances and is not a penalty.
SOFTWARE LICENSE
SAF grants its customers a nonexclusive, nontransferable license to use the Software incorporated into or associated with its Products solely for the purpose of operating and managing the Products. SAF’s customers are prohibited from selling the Software or sharing the Software with SAF’s competitors or any other third-party. SAF’s customers are further prohibited from copying, modifying or otherwise altering the Software. Each customer is advised that the Software associated with SAF’s Products may contain protected trade secrets, which the customer is precluded from disclosing. The customer shall not disassemble, decompile or reverse engineer the Software nor permit any third-party to do so. SAF reserves all rights in the Software not expressly granted to the customer by this limited license.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or related to the Products including, but not limited to, patents, trade secrets, know-how, copyright, trademarks, service marks, and mask rights, registered or unregistered, owned or otherwise used by SAF, as well as all goodwill related thereto are and shall remain at all times the exclusive property of SAF. None of the foregoing property rights may be exploited by SAF’s customers except as provided in these Terms nor shall such rights be transferred to SAF’s customers except as expressly provided in these Terms. Each customer shall take reasonable measures to protect SAF’s intellectual property rights.
SAF’s and Aranet name and logo are proprietary trademarks and shall not be used without SAF’s explicit permission. The customer shall further not alter or remove any proprietary marks, logos, or labels on SAF’s Products.
CONFIDENTIALITY
All confidential and proprietary information transmitted by SAF to its customers, whether disclosed orally or in writing, shall be kept confidential and shall not be disclosed to SAF’s competitors or any other third-parties (“Confidential Information”). Such Confidential Information shall be handled by each customer with the same care as the customer would exercise in handling its own Confidential Information, but not less than reasonable care under the circumstances. SAF’s Confidential Information shall not be disclosed to any third-party without SAF’s prior written consent unless disclosure is necessary to enforce these Terms or comply with a valid legal request, such as a subpoena, but then only to extent necessary to uphold these terms or comply with the law. In no event shall SAF’s Confidential Information be disclosed to its competitors.
PRIVACY POLICY
SAF operates http://www.aranet.com (further in the text – “Site”). By using the Site, you agree to the collection and use of information in accordance with this policy.
We may ask you to provide us with certain personally identifiable information – with your explicit consent – that can be used to contact or identify you. We may use this information for – providing e-commerce services and improving the Site, to contact you with newsletters, marketing or promotional materials, to update the status of your order, shipping information, to insure the delivery of goods you have purchased on our site.
We may use third party services such as Google Analytics that collect, monitor and analyze the Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
SAF takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free.
COOKIES
Cookies are small pieces of text obtained from a website you visit and saved by your web browser. SAF uses Cookies for the technical operation of the website, for improving of service offerings, to personalize the design of SAF`s website, to optimize websites functions, to store your preferences, to enable advertisements delivery, including behavioural advertising.
Cookies does not contain any personal information. The cookies required for technical purposes are not merged with any of the personal data.
However, if you are visiting website as registered user, then we may bind your personal data with information we get from cookies.
If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
CHANGES
SAF reserves the right to change these Terms and Conditions at any time. We would therefore ask that you check the Terms and Conditions at regular intervals.
EXPORT CONTROLS & COMPLIANCE
SAF and its customers shall each be responsible for identifying and complying with all applicable export and import control laws and regulations associated with the sale and use of SAF’s Products. Each customer submitting a Purchase Order represents and warrants they will not export or re-export the Products, the Software or any technical documents concerning the same to any destination or person restricted under applicable law, if any, without first obtaining the necessary authorization from the appropriate governmental entity or agency.
INDEMNIFICATION
To the maximum extent allowed by law, each customer submitting a Purchase Order indemnifies SAF against any and all third-party claims and associated damages and expenses (including attorney’s fees) arising out of the customer’s breach of these Terms or use of the Products.
DISPUTES & APPLICABLE LAW (U.S.)
These Terms and any sales completed pursuant to them to customers in the United States shall be governed by and construed in accordance with the laws of the State of Colorado, without respect to its conflict of laws principles. Any dispute arising out of or in any way related to these Terms or a sale completed pursuant to them shall be resolved by submitting the matter for binding arbitration before the American Arbitration Association (the “AAA”) in Denver, Colorado. Any arbitration submitted pursuant to these Terms shall be presided over by a single arbitrator and conducted in accordance with the AAA’s Rules of Arbitration in effect at the time of filing. The arbitrator’s decision shall be binding and enforced as a final judgment in accordance with Colorado law. By submitting the Purchase Order, each of SAF’s customers hereby consent to the vesting of jurisdiction and venue in accordance with this clause, and they irrevocably waive any and all objections they may have to the same. The prevailing Party in any dispute shall be entitled to a reimbursement for all of its arbitration and court costs (if any) and any enforcement-related expenses including, but not limited to, their reasonable attorney’s fees.
By submitting the Purchase Order, each of SAF’s customers agrees to resolve their dispute(s) with SAF on an individual basis. No customer or group of customers may participate in or bring a class, consolidated or representative action against SAF in court or elsewhere. Class arbitrations, class actions and private attorney general actions are prohibited by these Terms.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and is not applicable to these Terms or any Products associated herewith.
DISPUTES & APPLICABLE LAW (ALL OTHER COUNTRIES)
For all customers outside of the United States, these Terms and any sales pursuant to them shall be governed by and construed in accordance with the laws of Latvia and shall be resolved by binding arbitration of the Latvian Chamber of Commerce according to it’s rules conducted in Riga, Latvia. Any such arbitration shall be presided over by a single arbitrator and conducted in English. The arbitrator’s decision shall be binding and enforced as a final judgment in accordance with applicable law. The prevailing party in any dispute concerning these Terms shall be entitled to a reimbursement for all of their arbitration and court costs (if any) and any enforcement-related expenses including, but not limited to, its reasonable attorney’s fees.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and is not applicable to these Terms or any Products associated herewith.
TIME FOR FILING
Any arbitration filed pursuant to these Terms must be commenced within one year of the date the party asserting the claim knew or should have known of the act, omission, or default giving rise to the claim in question; there shall be no right to any remedy for a claim filed outside of this time period. If applicable law prohibits a one-year limitation, all claims must be asserted within the shortest time period permitted under applicable law.
MISCELLANEOUS
Nothing in these Terms shall be construed to create a partnership, joint venture or other agency relationship between SAF and its customers.
Each person submitting a Purchase Order to SAF represents they have authority to effect the sale proposed therein and bind the proposed buyer to these Terms. When the proposed buyer is a legal entity, the individual submitting the Purchase Order represents they have obtained all prior authorizations and approvals necessary to complete the sale proposed in their Purchase Order.
Unless they are superseded by a written agreement, these Terms constitute the complete and exclusive agreement between SAF and its customers and supersede all prior or contemporaneous agreements, communications or understandings, whether written or oral, regarding the same subject matter.
Any delay in enforcing these Terms shall not be deemed a waiver of future enforcement. No waiver or amendment respecting these Terms shall be enforceable unless they are in writing, and a written waiver shall only be effective for the subject matter it describes.
SAF shall not be responsible for any delays or failures arising out of causes beyond their control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, severe weather, and acts or omissions of subcontractors or third-parties.
All notices, requests, demands, directions and other communications required by these Terms shall be in writing and directed to the individuals at the address named in the Purchase Order. Any notice sent pursuant to these Terms shall be deemed to have been duly given upon receipt if delivered in person, by overnight courier service or electronic mail (if receipt is confirmed) and upon the earlier of receipt or five days after mailing if sent by registered or certified mail.
Should any part or portion of these Terms be deemed invalid, such part or portion shall be revised in a manner that renders it enforceable to the full extent permitted under applicable law. If any part or provision cannot be revised and is stricken, all remaining parts or portions shall continue in full force and effect as if these Terms had been written without the invalid part or portion.
SAF’S WARRANTY
SAF, which includes SAF Tehnika and SAF North America, LLC, has built a reputation on providing high-quality products to its customers and it stands behind each product it manufactures, including Aranet. Accordingly, SAF warrants the products it manufactures will be free from defects in material or workmanship and will function in accordance with their official written specifications for a minimum of two years so long as they are used and stored in accordance with industry standards and any unique handling instructions provided by SAF. While SAF warrants all of its products will function in accordance with their official written specifications, SAF does not warrant all products will function uninterrupted or error free. Further, verbal or informal specifications will not be covered by the Warranty. To be enforceable, a product specification must be stated in SAF official literature. No product shall be considered defective or otherwise in breach of the Warranty simply because it needs to be adapted to or otherwise does not comply with the laws and regulations (including frequency range) of the customer’s home country or jurisdiction.
WARRANTY TERM
The Warranty shall apply to Aranet 24 months after it is shipped to the customer. An invoice itemizing a product’s warranty period shall be included with the product when it is delivered to the customer. No verbal extensions or modifications of the Warranty shall be enforceable.
BATTERIES
Products may contain Li-ion battery. It is charged for 50%. In order to extend life-cycle of built-in Li-ion battery, it is recommended to store products with a built-in Li-ion battery charged to 50%. The warranty period for the built-in battery is 12 months. No warranty applies to replaceable batteries. The performance of the built-in battery is acceptable until it keeps the respective unit up for more than 60% of the specified working time in room temperature (20OC / 68OF). Replacement of built-in battery should be performed by authorized personnel of Supplier – SAF Tehnika.
WARRANTY LIMITATIONS
The Warranty shall be voidable at SAF’s discretion in any circumstance where an SAF manufactured product has been damaged by a customer’s conduct or an act of God including, but not limited to: a.) damage caused by the customer’s improper use of the product; b.) mechanical damage caused by a physical impact; c.) the accumulation of moisture or water in a product’s housing; d.) damage caused by wind, hail, rain, animal, insect or other environmental events; and e.) electromagnetic damage caused by a power surge, overvoltage, or a strike of lighting. Finally, for the Warranty to be effective, all repairs and modifications to a product, including its software, must be performed by SAF and the Warranty shall be voidable at SAF’s discretion in any circumstance where a customer or its agent opens a product’s housing or otherwise attempts to modify or repair a product, including its software, without SAF’s permission. There are currently no third-parties authorized to repair SAF’s products.
Product Repairs & Liability Limitations.
In the event an SAF manufactured product does not conform with the Warranty, SAF will fix or replace the nonfunctioning product in accordance with the return and repair policy below. These options shall be a customer’s sole remedy.
IN NO EVENT SHALL SAF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE OR USE OF ITS PRODUCTS, WHETHER OR NOT SAF HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. SAF’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ANY LEGAL CLAIM ASSOCIATED WITH A SALE COMPLETED PURSUANT TO THESE TERMS OR THE WARRANTY, REGARDLESS OF WHETHER SUCH CLAIM SOUNDS IN CONTRACT OR TORT, LAW OR EQUITY, SHALL NOT EXCEED THE PRICE OF THE PRODUCT(S) SOLD TO A GIVEN CUSTOMER. BY SUBMITTING THEIR PURCHASE ORDER, EACH CUSTOMER KNOWINGLY WAIVES ANY AND ALL CLAIMS AND DAMAGES PRECLUDED BY THE FOREGOING LIMITATIONS INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS ASSOCIATED WITH PERSONAL INJURIES (INCLUDING ANY CLAIMS BASED IN PRODUCT OR STRICT LIABILITY), LOST REVENUE AND PROFITS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OF SERVICES, UNFAIR COMPETITION AND COMMERCIAL LOSSES OF ANY KIND.
ACCEPTANCE, RETURNS & REPAIRS
If Customer has not received the goods he can contact SAF to help solving the problem. The claim of non-received goods should be raised within 60 days from the date of payment. No assistance will be available after the term of 60 days has passed. Prior to raise a claim to SAF, Customer should ascertain that a parcel is not received by any other person in Customer`s premises. Also, Customer is asked to ascertain that a parcel is not left at any of the neighbors, etc.
SAF keeps the right to perform an investigation for a period of 20 days. In the case SAF has made a decision to compensate Customer for the losses, either a new product may be sent to customer or the price for the ordered product may be returned to Customer.
If Customer is not satisfied with a received product, he can proceed as described further. Restocking and Refund is not applicable for legal entity.
Physical person which is a resident of US and Canada may require Restocking and Refund within 60 days from the date of payment. No Restocking and Refund will be available after the term of 60 days has passed.
Physical person which is a resident of any country outside US and Canada may require Restocking and Refund within 14 days from the date of payment. No Restocking and Refund will be available after the term of 14 days has passed.
Not more than one product (set), or a product for a price exceeding EUR 700 or USD 750 can be Restocked.
If the Restocking is accepted by SAF, the product(s) must be returned – unused, condition as brand new, without any defects, without dirt and scratches, containing all original labels, full completion as received, in original package as received. The shipment back to SAF is on Customer`s account.
If Customer has failed to meet all of the Restocking rules mentioned above, SAF keeps the right to refuse the Refund, or reduce the amount of money returned.
If Customer has not requested a Restocking, Refund or raised a claim within 60 days from the date of Invoice, the product (set) is considered to be accepted by Customer.
Shipping to SAF.
If the failure is discovered to a SAF manufactured product, it will be given a Return Materials Authorization (“RMA”) number and should be returned to SAF by completing the RMA form at https://aranet.com/rma/ and then shipping the nonfunctioning product in its original packaging (or packaging providing a similar level of protection) to one of the facilities below.
Standard shipping address is:
SAF Tehnika
RMA Dep.
24a Ganibu dambis
Riga LV-1005
LATVIA
All North American customers should ship their products to:
SAF North America, LLC
3250 Quentin Street, Unit 128
Aurora, Colorado 80011
U.S.A.
(720) 502-0728
All returns shall be sent to SAF at the customer’s expense, and shall not be considered delivered until they arrive at SAF’s facilities. SAF assumes no responsibility for and shall not be liable for any products damaged while in transit to SAF’s facilities. SAF strongly recommends the customer purchase an appropriate amount of insurance from the carrier they use to return the product(s) to SAF.
Inspection & Repair.
Nonfunctioning product(s) shall be evaluated and treated as follows:
DOA. Any product discovered as nonfunctioning within 30 days after it is shipped to the customer, for any reason other than a customer’s misuse or mishandling, shall be deemed “Dead on Arrival” or “DOA” and replaced free of charge. Aranet products will be replaced no later than 20 business days after SAF verifies its nonfunctioning status.
Warranty Repair. All products subject to the Warranty shall, depending on the circumstances, be repaired or replaced free of charge within 20 business days of their arrival at SAF’s facilities.
Non-warranty Repairs. SAF will repair a product for a period of 5 years after it is delivered to the customer. All products repaired outside of the Warranty shall be repaired at the customer’s sole expense. A quote for repair shall be provided to the customer via e-mail prior to the product being received by SAF or within a reasonable time after the product arrives at SAF’s facilities. All repair and shipping costs must be paid by the customer in advance. SAF shall repair and ship the nonfunctioning product within 20 business days of receiving full payment for the repairs.
Post-repair Warranty.
All repaired products shall be subject to the Warranty for a period of six months after they are repaired. The additional warranty described herein may extend but shall in no way reduce any preexisting warranty periods already applicable to the product.
Return Costs.
If a given product is covered by the Warranty, SAF will pay the shipping costs associated with returning it to the customer. If a product is outside of the Warranty, the customer shall pay all costs associated with transmitting it to and from SAF. An estimated cost of return will be included in any repair invoice sent to the customer, and must be paid before SAF will return a repaired product.
Shipping & Abandonment.
Any nonfunctioning product remaining in SAF’s possession for three months after a customer receives an invoice for repairs because the customer has failed to pay the invoice in question, shall be considered abandoned. A customer’s rights in all abandoned products shall be considered forfeit and SAF shall have the right to reprocess such products in any manner it sees fit.
Sole Warranty.
UNLESS SAF AGREES TO ADDITIONAL OR ALTERNATE TERMS IN WRITING, THE WARRANTY DESCRIBED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED TO SAF’S CUSTOMERS, AND NO ADDITIONAL WARRANTIES ARE GIVEN OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE.
CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to update or change our Terms and Conditions at any time and you should check these Terms and Conditions periodically. Your continued use of the Service after we post any modifications to the Terms and Conditions on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms and Conditions.
