This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from AGB Corporation or any of its subsidiaries or affiliates (collectively, “AGB”). By accepting delivery of the product(s) purchased from AGB and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) 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 you and AGB. These terms and conditions are subject to change without prior written notice at any time, in AGB’s sole discretion.
“We”, “us” and/or “our” means AGB.
“You” or “your” means the individual or entity named on the invoice.
PAYMENT TERMS, ORDERS, AND INTEREST.
Advertised prices are in INR and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within AGB’s sole discretion, and unless otherwise agreed to in writing by AGB, payment must be received by AGB before AGB’s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. AGB may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. AGB is not responsible for pricing, typographical or other errors in any offer by AGB and we reserve the unilateral right to cancel any orders resulting from such errors.
Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
SHIPPING, TITLE AND RISK OF LOSS.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by AGB is AGB’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify AGB of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.
You may return AGB branded products purchased directly from AGB in accordance with AGB’s Return Policy, (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
Limitation of liability.
AGB does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, for lost or corrupted data or software, or the provision of services and support. AGB will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. You agree that for any liability related to the purchase of products or services bundled with the products, AGB is not liable or responsible for any amount of damages above the aggregate amount you paid for the purchase governed by this agreement.
All software is provided subject to the license agreement that is part of the package you receive from AGB. You agree to be bound by the license agreement once the package is opened or its seal is broken. AGB does not warrant any software under this agreement.
AGB continually upgrades and revises its products and service offerings.
AGB may revise and discontinue products at any time without prior notice to customers. AGB will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building AGB products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted AGB sku numbers for AGB-branded hardware products are of the quality specified by AGB on its website and conform in all material respects with the AGB product specification current on the date such products were shipped.
Applicable law and not for resale.
You agree and represent that you are buying the products governed by this agreement for your own use and not for resale.
This agreement and any sales hereunder shall be governed by the laws of the state of colorado, without regard to conflicts of laws principles, and excluding the united nations convention on the international sale of goods.
You acknowledge that the purchased goods licensed or sold under this agreement, and the transaction contemplated by this agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the India, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under india law, the goods shipped pursuant to this agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of AGB. AGB has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. AGB will not have any liability for any damages arising from the use of the products in any high risk activity, including the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, medical systems, life support or weapons systems.
You will not register or use any internet domain name that contains an AGB trademark or trade name (i.e., AGB) in whole or in part or any other name that is confusingly similar thereto. 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. If any term of this agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.