TERMS AND CONDITIONS
The following are the terms and conditions for the sale of products
("Products") by 2N STATIONERS to 2N STATIONERS’ customers.
1. ACCEPTANCE AND
CANCELLATION OF ORDERS
All orders are subject to acceptance in writing by 2N STATIONERS or a duly
authorized agent of 2N STATIONERS. Any written acknowledgment of receipt of an
order shall not, in and of itself, constitute such acceptance. Orders accepted
by 2N STATIONERS may be canceled by Customer upon written consent of 2N
STATIONERS provided such order is not "NC/NR" or
"Non-Cancelable/Non-Returnable", "Non-Standard Products" or
governed by a Purchase Agreement Letter. Non-Standard Products are defined as
Products that are special orders, custom orders, orders for non-standard
products, products not customarily in stock, or orders for value-added
products. Non-standard products are non-cancelable and non-refundable. In the
event of cancellation or other withdrawal of an order for any reason, and
without limiting any other remedy which 2N STATIONERS may have as a result of
such cancellation or other withdrawal, reasonable cancellation or restocking
charges shall include all expenses incurred and commitments made by 2N
STATIONERS and shall be paid by Customer to 2N STATIONERS. Customer requests to
reschedule are subject to acceptance by 2N STATIONERS at its sole discretion.
Orders may not be canceled or rescheduled after the order has been submitted by
2N STATIONERS to the shipment carrier. 2N STATIONERS reserves the right to
allocate sales and limit quantities of selected Products among its customers in
its sole discretion. Product specifications and availability are subject to
change without prior notice. Tongits Online
1a. Returns
Customer must notify 2N STATIONERS within 30 days from date of shipment of any
defective product. Returns are normally accepted when completed within 30 days
of the ship date. If 2N STATIONERS agrees to accept a return, return freight
charges must be prepaid by customer. 2N STATIONERS will not accept COD
shipments. Some products may require return directly to the manufacturer.
Contact a sales representative for a Return Materials Authorization Number and
addressing instructions prior to returning product. The foregoing statements
concerning Returns do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See
the NON-CANCELABLE/NON-RETURNABLE PRODUCTS section in these terms.)
1b. Counterfeit
Product Prevention Clause
Only products originally shipped from 2N STATIONERS or from a supplier at 2N
STATIONERS's direction (drop-ship) will be returned to 2N STATIONERS. All
others will be promptly quarantined and disposed of or returned to the
customer. By a Customer returning products to 2N STATIONERS, the Customer
certifies that the products were purchased from 2N STATIONERS and there has
been no substitution in whole or part of same product from another supplier,
distributor or other such source of the product. The return should be in the
original packaging (manufacturer or 2N STATIONERS), in unused condition (except
defective). ESD sensitive products should not be opened except under controlled
conditions.
2. PRICES
Orders are billed at the prices in effect at the time of shipment. Prices will
be as specified by 2N STATIONERS and will be applicable for the period
specified in 2N STATIONERS's quote. If no period is specified, quoted prices
will be applicable for thirty (30) days. The catalog reflects the latest
pricing information available at the time of printing. Prices shown in the
catalog are subject to change without notice. Prices are subject to increase in
the event of an increase in 2N STATIONERS's costs or other circumstances beyond
2N STATIONERS's reasonable control. If Customer does not purchase the quantity
upon which quantity prices are based, Customer will pay the non-discounted
price for the quantity actually purchased and/or a cancellation or restocking
fee. Prices are exclusive of taxes, impositions and other charges, including
sales, use, excise, value-added and similar taxes or charges imposed by any
government authority, international shipping charges, forwarding agent's and
broker's fees, bank fees, consular fees, and document fees.
3. TERMS OF PAYMENT
All payments must be made in the currency billed on the original invoice.
Credit cards
accepted include major credit cards, purchase cards, and major bank debit cards
including MasterCard, VISA, Diners Club, Discover, and American Express. Credit
Card billing information must be verified on new customers prior to shipment of
order. Payment terms by Purchase Order is not accepted unless signed by 2N
STATIONERS's acceptance letter.
Prepaid Wire
Transfer/EFT/Proforma: Customers can wire the funds to our bank. After your
order is placed we will e-mail a Proforma invoice which includes our bank
information, the merchandise total, shipping charges, and a $25 (USD) wire
transfer/ EFT fee. We will reserve stock for your order for 72 hours on orders
awaiting funds. Orders will be canceled after 20 business days if funds have
not been received. Customer is responsible for duties and taxes.
3.1 TERMS OF
PAYMENT
For All Orders
Customer agrees to pay the entire net amount of each invoice from 2N STATIONERS
pursuant to the terms of each such invoice, without offset or deduction. Orders
are subject to credit approval by 2N STATIONERS, which may in its sole
discretion at any time change the terms of Customer's credit, require payment
in cash, bank wire transfer/EFT or by official bank check, and/or require
payment of any or all amounts due or to become due for Customer's order before
shipment of any or all of the Products. If 2N STATIONERS reasonably believes
that the Customer's ability to make payments may be impaired or if Customer
fails to pay any invoice when due, 2N STATIONERS may suspend delivery of any
order or any remaining balance thereof, until such payment is made or cancel
any order or any remaining balance thereof. Customer will remain liable to pay
for any Products already shipped and all Non-Standard Products ordered by
Customer. Customer agrees to submit such financial information as 2N STATIONERS
may reasonably require for determination of credit terms and/or continuation of
credit terms. Checks are accepted subject to collection and the date of
collection will be deemed the date of payment. Any check received from Customer
may be applied by 2N STATIONERS against any obligation owing by Customer to 2N
STATIONERS under this or any other contract, regardless of any statement
appearing on or referring to such check, without discharging Customer's
liability for any additional amounts owing by Customer to 2N STATIONERS. The
acceptance by 2N STATIONERS of such check will not constitute a waiver of 2N
STATIONERS's right to pursue the collection of any remaining balance. Invoices
not paid when due will bear interest to date of payment at the annual rate of
eighteen (24%) percent or such lower rate as may be the maximum permitted by
law. If Customer fails to make payment when due, 2N STATIONERS may pursue any
legal or equitable remedies, in which event 2N STATIONERS will be entitled to
reimbursement of costs for collection and reasonable attorneys' fees. There is
a 1000/- (INR) service charge on all returned checks.
4. SALES TAX
Indian Shipments
When required by law 2N STATIONERS will collect Central, State and/or Local
sale, use, excise, and other taxes that apply to a Customer's shipment. These
taxes are in addition to the purchase price of the Products subject to an
order. Customer will remit the correct tax unless customer is tax exempt and 2N
STATIONERS has a valid signed tax exemption certificate on file.
INTERNATIONAL Shipments
All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will
be the responsibility of the Customer and due at the time of delivery.
5. DELIVERY AND
TITLE
All shipments by 2N STATIONERS are F.O.B. point of shipment from 2N STATIONERS's
facility and the amount of all transportation charges will be paid to 2N
STATIONERS by the Customer in addition to the purchase price of the Products.
Subject to 2N STATIONERS's right of stoppage in transit, delivery of the
Products to the carrier will constitute delivery to Customer and title and risk
of loss will pass to Customer. 2N STATIONERS will make reasonable efforts to
initiate shipment and schedule delivery as close as possible to Customer's
requested delivery date(s). Customer acknowledges that delivery dates provided
by 2N STATIONERS are estimates only and that 2N STATIONERS will not be liable
for failure to deliver on such dates. Selection of the carrier and delivery
route will be made by 2N STATIONERS unless specifically designated by Customer.
2N STATIONERS reserves the right to make deliveries in installments. Delay in
delivery of one installment will not entitle Customer to cancel any other
installment(s). Delivery of any installment of Products within thirty (30) days
after the date requested will constitute a timely delivery. Delivery of a
quantity that varies from the quantity specified shall not relieve Customer of
the obligation to accept delivery and pay for the Products delivered.
6. 2N STATIONERS'S
LIMITED WARRANTY
2N STATIONERS agrees to transfer to Customer whatever transferable warranties 2N
STATIONERS receives from the manufacturer of Products sold to Customer. 2N
STATIONERS makes no other warranty, express or implied, with respect to the
Products. IN PARTICULAR, 2N STATIONERS MAKES NO WARRANTY RESPECTING THE
MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. 2N STATIONERS's liability
arising out of any sale of products to Customer is expressly limited to either
(1) Refund of the purchase price paid by Customer for such Products (without
interest), or (2) Repair and/or replacement of such Products, at 2N STATIONERS's
election, with such remedies exclusive and in lieu of all others. Warranty does
not include failed Integrated Circuits or GSM module or GPS module on the
board. Customer must notify 2N STATIONERS within 30 days from the date of
shipment of any defective product. This warranty is in lieu of any and all
other warranties, whether oral, written, expressed, implied or statutory.
Implied warranties of fitness for a particular purpose and merchantability are
specifically excluded and shall not apply. Customer's obligations and 2N
STATIONERS's remedies with respect to defective or nonconforming products, are
solely and exclusively as stated herein. Furthermore, no warranty will apply if
the Product has been subject to misuse, static discharge, neglect, accident,
modification, or has been soldered or altered in any way.
7. 2N STATIONERS
CORPORATE RoHS COMPLIANCE AND LEAD-FREE POLICY
It is the policy of 2N STATIONERS to identify and offer products to the
Customer as RoHS Compliant or Lead Free, only after specific requirements have
been met. 2N STATIONERS performs no testing of product and relies solely on the
manufacturer of the product for identification of RoHS Compliance and for
absence of lead. Furthermore, 2N STATIONERS makes no warranty, certification or
declaration of compliance concerning said Products. Product is advertised or
offered as RoHS Complaint or Lead-Free only after sufficient evidence is
received from the component manufacturer; and any inventory, either in a bin or
on order, has been determined to be RoHS compliant and/or Lead Free. Any
relevant evidence will be filed and maintained for at least four years from the
date of receipt. 2N STATIONERS defines the term "RoHS" as supplier
declared compliance to all restricted hazardous substance regulations under the
ELV, WEEE or RoHS EU directives, regulations or laws. 2N STATIONERS defines the
term "Lead Free" as pertaining to any product that has been declared
by a Supplier to be "Lead Free". All statements by 2N STATIONERS of
RoHS compliance are based on producer documentation.
7a. 2N STATIONERS
CORPORATE WEEE POLICY
2N STATIONERS is not registered as a "producer" in the European
Union, and does not provide a WEEE recycling program within the EU. A very
small number of products that 2N STATIONERS sells are subject to the European
Union Directive 2002/96/EC known as WEEE. Therefore, it is the policy of 2N
STATIONERS to not export or place on the market, EEE classified products (as
defined by EU Directive 2002/96/EC) to Customers within the European Union
member countries.
7b. PRODUCT COUNTRY
OF ORIGIN
2N STATIONERS maintains Country of Origin information on all products in its
inventory. This information is provided to customers on request. Our
manufacturers do not provide 2N STATIONERS with the country of origin of each
raw material or subcomponent that is incorporated into the Manufacturer's final
product.
8. LIMITATION OF
LIABILITIES
IN NO EVENT SHALL 2N STATIONERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to,
damages resulting from loss of profit or revenue, recall costs, claims for
service interruptions or failure to supply downtime, testing, installation or
removal costs, costs of substitute products, property damage, personal injury,
death or legal expenses. Customer's recovery from 2N STATIONERS for any claim
shall not exceed the purchase price paid by Customer for the goods,
irrespective of the nature of the claim, whether in warrant, contract or
otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD 2N STATIONERS
HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY 2N
STATIONERS AND INCORPORATED INTO THE CUSTOMER'S PRODUCT.
9. PRODUCT SAFETY
NOTICE AND RESTRICTIONS
Products are intended for commercial use only. Products are traceable at the
manufacturer's level only. There is no lot level traceability. 2N STATIONERS
does not determine the specifications or conduct any performance or safety
testing of any products that it sells. Specification sheets provided to
Customers are produced by the manufacturer or transcribed from information
provided by the manufacturer. 2N STATIONERS is not a Qualified Manufacturers
List (QML) supplier or a supplier of Qualified Product Listing (QPL)
components. Customer agrees that all purchases are for commercial or other
applications that do not require QPL components. Any reference to military
specifications in our catalog or on our website is for reference only and does
not modify these terms and conditions. 2N STATIONERS does not participate in
any product safety engineering, product safety review or product safety
testing. 2N STATIONERS cannot provide any safety testing, safety evaluation or
safety engineering services. Products sold by 2N STATIONERS are not designed,
intended or authorized for use in life support, life sustaining, human
implantable, nuclear facilities, flight control systems, or other applications
in which the failure of such Products could result in personal injury, loss of
life or catastrophic property damage. If Customer uses or sells the Products
for use in any such applications: (1) Customer acknowledges that such use or
sale is at Customer's sole risk; (2) Customer agrees that 2N STATIONERS and the
manufacturer of the Products are not liable, in whole or in part, for any claim
or damage arising from such use; and (3) CUSTOMER AGREES TO INDEMNIFY,
DEFEND AND HOLD 2N STATIONERS AND THE MANUFACTURER OF THE PRODUCTS HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND
LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
10. STATEMENTS AND
ADVICE
If statements or advice, technical or otherwise, are offered or given to
Customer, such statements or advice will be deemed to be given as an
accommodation to Customer and without charge. 2N STATIONERS shall have no
responsibility or liability for the content or use of such statements or
advice. 2N STATIONERS Technical support is provided by email and, therefore,
extremely limited in scope which prevents us from the direct participation in
the design of any customer products. We do not conduct product suitability
studies or engineering reviews of products that we sell, nor for the final
product that a Customer produces.
11.
NON-CANCELABLE/NON-RETURNABLE PRODUCTS
From time to time, Seller will notify Buyer of a product that is
"NC/NR", (Non-Cancelable/Non-Returnable) upon determining that an
order requires such conditions of sale. Buyer understands that
"NC/NR" products are obtained by 2N STATIONERS from the manufacturer
specifically for the buyer. Irrespective of circumstances, the buyer agrees
that "NC/NR" products may not be cancelled, returned or rescheduled
by the buyer without the agreement of both 2N STATIONERS's supplier and the
written consent of 2N STATIONERS. All products purchased by Customers classified
by 2N STATIONERS as an Electronic Component Distributors or Brokers shall be
deemed Non-Cancellable/Non-Returnable.
12. INTELLECTUAL
PROPERTY
If an order includes software or other intellectual property, such software or
other intellectual property is provided by 2N STATIONERS to Customer subject to
the copyright and user license, the terms and conditions of which are set forth
in the license agreement accompanying such software or other intellectual
property. Nothing herein shall be construed to grant any rights or license to
use any software or other intellectual property in any manner or for any
purpose not expressly permitted by such license agreement. Unopened software
may be returned for credit. Opened software may not be returned unless defective.
13. FORCE MAJEURE
2N STATIONERS will not be liable for delays in delivery or for failure to
perform its obligations due to causes beyond its reasonable control including,
but not limited to, product allocations, material shortages, labor disputes,
transportation delays, unforeseen circumstances, acts of God, acts or omissions
of other parties, acts or omissions of civil or military authorities,
Government priorities, fires, strikes, floods, severe weather conditions,
computer interruptions, terrorism, epidemics, quarantine restrictions, riots or
war. 2N STATIONERS's time for delivery or performance will be extended by the
period of such delay or 2N STATIONERS may, at its option, cancel any order or
remaining part thereof, without liability by giving notice to Customer.
14. EXPORT CONTROL
2N STATIONERS is committed to compliance with all Indian Export Regulations and
Laws. 2N STATIONERS will not sell or ship to individuals or organizations
identified as Specially Designated Nationals and Blocked Persons. 2N STATIONERS
will not sell or ship products prohibited under Export Administration
Regulations to individuals or organizations. 2N STATIONERS will not seek export
licenses pursuant to Export Administration Regulations. 2N STATIONERS
participates in BIS Export Enforcement and OFAC transaction reporting.
Furthermore, 2N STATIONERS prohibits the re-export, brokering or transshipment
of its products to any individual, organization or country prohibited by the
OFAC or BIS. The sale, resale or other disposition of Products, and any related
technology or documentation, are subject to the export control laws,
regulations and orders of the India and may be subject to the export and/or
import control laws and regulations of other countries. Customer agrees to
comply with all such laws, regulations and orders. Customer further
acknowledges that it shall not directly or indirectly export any Products to
any country to which such export or transmission is restricted or prohibited.
Customer acknowledges its responsibility to obtain any license to export,
re-export or import as may be required.
14.1 Export
Classification Disclaimer
Any use made of 2N STATIONERS classifications, whether it be ECCNs or any
variation of Harmonized Tariff codes, is without recourse to 2N STATIONERS and
at the user's risk. Export classifications are subject to change. If you export
or re-export, your company, as the exporter of record, is responsible for
determining the correct classification of any item at the time of export. Any
export classification by 2N STATIONERS is for 2N STATIONERS?s internal use only
and shall not be construed as a representation or warranty regarding the proper
export classification nor relied upon to make licensing determinations.
15. GENERAL
The Terms and Conditions may not be modified or cancelled without 2N STATIONERS's
written agreement. Accordingly, goods furnished and services rendered by 2N
STATIONERS are sold only on the terms and conditions stated herein. The sale of
Products hereunder will be governed by the Terms and Conditions,
notwithstanding contrary or additional terms and conditions in any order
purchase order, planning schedule, acknowledgment, confirmation or any other
form or document issued by either party affecting the purchase and/or sale of
Products. Notwithstanding any terms and conditions on Customer's order, the
information and conditions on the Credit Application are controlling over
Customer and 2N STATIONERS. Any conflicting statements or terms listed on the
Customer purchase orders, invoices, confirmations or other Customer generated
documents ("Customer Documents"), whether heretofore or hereafter
submitted, are negated by submission of the Credit Application and the issuance
of credit by 2N STATIONERS, and all different or additional terms and
conditions contained in any Customer Documents are hereby objected to by 2N
STATIONERS. 2N STATIONERS's performance of any contract is expressly made
conditional on Customer's agreement to 2N STATIONERS's Terms and Conditions of
Sale, unless otherwise specifically agreed upon in writing by 2N STATIONERS. In
the absence of such agreement, commencement of performance and/or delivery
shall be for Customer's convenience only and shall not be deemed or construed
to be acceptance of Customer's terms and conditions or any of them. If a
contract is not earlier formed by mutual agreement in writing, acceptance by
Customer of any goods or services shall be deemed acceptance by Customer of the
terms and conditions stated herein. No rights, duties, agreements or
obligations hereunder, may be assigned or transferred by operation of law,
merger or otherwise, without the prior written consent of 2N STATIONERS. The
obligations, rights, terms and conditions hereof will be binding on the parties
hereto and their respective successors and assigns. The waiver or breach of any
term, condition or covenant hereof, or default under any provision hereof, will
not be deemed to constitute a waiver of any other term, condition, or covenant
contained herein, or of any subsequent breach or default of any kind or nature.
Any provision hereof which is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof in that jurisdiction, or affecting the validity or enforceability of
such provision in any other jurisdiction. The Terms and Conditions will be
governed by and construed in accordance with the laws of the state of Tamil
nadu and the applicable laws of the India.