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INNOVENTIONS Terms and Conditions of Sales
THE SALES TERMS AND CONDITIONS OF SALE CONTAINED HEREIN APPLY TO ALL QUOTATIONS MADE AND PURCHASE ORDERS ACCEPTED BY INNOVENTIONS FOR THE PURCHASE AND SALE OF ELECTRONIC PRODUCTS. SOME OF THE SALES TERMS AND CONDITIONS SET OUT HERE MAY DIFFER FROM THOSE IN CUSTOMER'S PURCHASE ORDER AND SOME MAY BE NEW. THIS ACCEPTANCE IS CONDITIONAL ON CUSTOMER'S ASSENT TO THE SALES TERMS SET OUT HERE IN LIEU OF THOSE IN CUSTOMER'S PURCHASE ORDER. INNOVENTIONS' FAILURE TO OBJECT TO PROVISIONS CONTAINED IN ANY COMMUNICATION FROM CUSTOMER SHALL NOT BE DEEMED A WAIVER OF THE PROVISIONS OF THIS ACCEPTANCE. ANY CHANGES IN THE SALES TERMS CONTAINED HEREIN MUST SPECIFICALLY BE AGREED TO IN WRITING BY AN AUTHORIZED OFFICIAL OF INNOVENTIONS BEFORE BECOMING BINDING ON EITHER INNOVENTIONS OR CUSTOMER. All orders must be approved and accepted by INNOVENTIONS at its sole office in Houston, Texas, USA.
Unless different specifications are established and agreed to in writing, the specifications for the Products are the written specifications issued by INNOVENTIONS for the part number assigned by INNOVENTIONS to the Products at the time of Sale. INNOVENTIONS reserve the right to change product specifications without prior notice.
Payment Sales Terms are published in the sales page of INNOVENTIONS web site. All Customer accounts are subject to interest on all unpaid balance amounts at the rate of 1.0% per month or the highest lawful rate, whichever is less. INNOVENTIONS reserves a purchase money security interest in the Products delivered until all of INNOVENTIONS' claims have been paid. INNOVENTIONS may change these credit Sales Terms if Customer's financial condition changes. Each shipment shall be considered a separate and independent transaction.
All transportation shall be at the expense of Customer. If Customer provides INNOVENTIONS with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for INNOVENTIONS, title to Products and risk of loss or damage during shipment pass from INNOVENTIONS to Customer upon delivery to the carrier. For all other shipments, title to Products and risk of loss or damage during shipment pass from INNOVENTIONS to Customer upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Unless otherwise advised, INNOVENTIONS may insure to full value of the Products or declare full value thereof to the transportation company at the time of delivery and all such freight and insurance costs shall be for Buyer’s account.
Within 30 days after delivery Customer will inspect the Products and give written notice of rejection to INNOVENTIONS detailing the manner in which any Products do not conform to the specifications. Upon receiving authorization and shipping instructions from INNOVENTIONS, Customer may return rejected Products. If Customer retains the Products after their delivery without giving INNOVENTIONS such notice within the designated period, Customer will be deemed to have irrevocably accepted the Products. INNOVENTIONS may charge to Customer any costs resulting from the testing, handling, and disposition of any Products returned by Customer which are not found by INNOVENTIONS to be on-conforming.
Any return of Product will be subject to INNOVENTIONS' prior written consent and must be made pursuant to INNOVENTIONS' product return procedures then in effect. Products must be returned, transport prepaid, to the INNOVENTIONS facility in Houston, Texas (no C.O.D. or Collect Freight accepted) in original boxes and packing material, unless otherwise agreed by INNOVENTIONS. The Products travel at the risk and responsibility of Customer. Product not eligible for return shall be refused or returned to Customer by INNOVENTIONS, freight collect. For approved returns Customer will receive credit equal to the lesser of the Product's invoice price or current replacement value, less any applicable charges or fees. Customer must contact INNOVENTIONS before shipping to obtain a Return Merchandise Authorization (RMA) number. A 25% re-stocking fee may apply if Products that were authorized to be returned arrive after the RMA deadline or if Products are damaged or show excessive use.
INNOVENTIONS' memory tester products and their optional adapters are warranted in entirety against any defects of material or workmanship which may develop for any reason whatsoever, except abuse and normal wear and tear of external test sockets, within a period of THREE MONTHS following the date of purchase by the original purchaser. If the product should become defective within the warranty period, INNOVENTIONS, Inc. will repair it or elect to replace it free of charge. The purchaser must cover shipping charges to and from INNOVENTIONS' facility. For warranty service, the purchaser must first call to obtain a Return Merchandise Authorization number as well as instructions on where to send the defective product, postage prepaid and insured, along with a return shipping charges and a proof of purchase.
Except as stated above, INNOVENTIONS makes no warranty or representation, either expressed or implied, with respect to this product, its quality, performance, merchantability, or fitness for any particular purpose.
INNOVENTIONS hereby specifically acknowledges the scientific fact that memory testers cannot achieve exhaustive tests (that is, 100% accuracy) due to the virtually unlimited possibilities of data combinations which may be stored inside a memory device. Therefore, while INNOVENTIONS continuously strives to improve its test algorithms, it cannot guarantee 100% accuracy of the test results. A detailed discussion of RAMCHECK LX's accuracy is available on-line at:
www.memeorytesters.com/faq_test_accuracy.htm
In no event will INNOVENTIONS be liable for direct, indirect, special, incidental, or consequential damages resulting from any defect in this product. Some states do not allow limitations on how long an implied warranty lasts, or exclusion or limitation of incidental or consequential damages, so exclusions or limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights, which vary, from state to state.
INNOVENTIONS continuously develops new test programs and test adapters to support new memory types and variants of existing technologies. However, in view of the rapid emergence of new memory technologies, INNOVENTIONS cannot guarantee that the current product will be able to support all future memory devices.
INNOVENTIONS shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond INNOVENTIONS' reasonable control. Examples of such causes are acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. INNOVENTIONS may defer delivery for a period equal to the delay caused by such contingency in the event of shortages for any reason whatsoever. INNOVENTIONS may allocate production among its customers.
Liability of INNOVENTIONS to Customer, if any, under this product sale for breach of contract or warranty, negligence or otherwise shall in no event exceed the total product price specified herein less the purchase price of any items delivered and accepted hereunder. In no event shall INNOVENTIONS be liable to Customer or others for special, incidental or consequential damages for breach of any of the provisions of this contract, including without limitation, provisions regarding warranties, guaranties, and indemnities, or based upon any claims, demands, settlements, or lawsuits arising from or in connection with, the Products sold hereunder, such damages including, but not limited to, costs of removal and reinstallation of items, loss of good will, loss of profits, or loss of use. Customer assumes all liability for any and all damages arising from or in connection with, the use or misuse of the Products by Customer, its employees, or others.
THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN HARRIS COUNTY, TEXAS, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided INNOVENTIONS under these Terms of Sales are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or equity.