text: The following are the terms and conditions of agreement ("Terms and Conditions") for the sale of products ("Products") by AIC Technik Electronics, Inc. ("AIC Technik") to AIC Technik's customers ("Customers").
  Agreements under these Terms and Condition of sale form the sole agreement with respect to the sale of products, and supersedes all proposals, negotiations, conversations, discussions, agreements and/or representations, whether oral or written, including any industry custom or past dealing between the parties relating to the sale of products.
  ACCEPTANCE AND CANCELLATION OF ORDERS
  Website availability and pricing is an invitation to Customer to tender an offer. Responses to quotes, and other inquiries for pricing and availability are not construed as an offer by AIC Technik.
  Acceptance will be in writing, by either an Order Confirmation e-mail or Electronic Data Interchange (‘EDI”) acknowledgement. Acceptance can also be though execution of Customer's order by AIC Technik. When a customer orders a product from the AIC Technik’s website, the preliminary written reply to the order issued on the AIC Technik’s website does not mean that the order has been accepted. The written reply is only used to let the Customer know that the order has been entered into the AIC Technik’s computer system.
  Orders accepted by AIC Technik may be cancelled by Customer upon written consent of AIC Technik provided such order is not "NC/NR" or "Non-Cancellable/Non-Returnable", "Non-Standard Products", or governed by a Purchase Agreement Letter. Non-standard products are product AIC Technik must order from a supplier specifically for the Customer. This also includes products not normally in stock, or orders where value-added services have been incorporated into products. Non-standard products are non-cancellable and non-refundable. AIC Technik may identify Products as non-standard or "NC/NR" by various means including quotes, Products lists, attachments, or exhibits. Customer may not change, cancel, or reschedule Orders for Products without AIC Technik's consent. If after acceptance by AIC Technik of the Customer’s order, the Customer cancels the order, AIC Technik may request the Customer pay AIC Technik reasonable cancellation or reliance charges. These charges are paid to AIC Technik by the Customer. Customer requests to reschedule are subject to acceptance by AIC Technik in its sole discretion. Orders shall not be cancelled or rescheduled after the order has been submitted by AIC Technik to the shipment carrier.
  AIC Technik RESERVES THE RIGHT TO LIMIT OR CANCEL ANY ORDER, AND HAS SOLE DISCRETION, TO ALLOCATE SALES, LIMIT QUANTITIES OF SELECTED PRODUCTS, AND LIMIT SELECTED PRODUCTS TO ITS CUSTOMERS. AIC Technik RESERVES THE RIGHT TO REJECT ANY ORDER, OR ANY PART OF AN ORDER. PRODUCT SPECIFICATIONS AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
  Returns are normally accepted when completed within 30 days of the ship date for the convenience of the Customer. If AIC Technik agrees to accept a return, return freight charges must be prepaid by Customer. AIC Technik will not accept COD shipments. Some products may require return directly to the manufacturer. All return items must be in the original packaging, unused, untested, un-programmed, and in resalable condition. Contact a Customer Service Representative for a Return Materials Authorization Number and addressing instructions prior to returning product.
  Any ESD, programmable semiconductors, or moisture sensitive product returned that has been opened will not be eligible for credit. These statements concerning Returns, do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See the NON-CANCELABLE/NON-RETURNABLE PRODUCTS section in these terms.)
  B. Counterfeit Product Prevention Clause
  Only products originally shipped from AIC Technik or from a supplier at AIC Technik's direction (dropship) will be returned to AIC Technik. All others will be promptly quarantined and disposed of or returned to the Customer. By a customer returning products to AIC Technik, the Customer certifies that the products were purchased from AIC Technik 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 AIC Technik), in unused and untested condition (except defective). ESD, programmable semiconductors, or moisture sensitive products should not be opened.
  AIC Technik makes every effort to provide current and accurate information relating to prices but does not guarantee the currency or accuracy of any such information. Prices are subject to change at any time prior to AIC Technik's completion of your order. In the event AIC Technik discovers an error in pricing, we will notify Customer of the corrected version, and Customer may choose to accept the corrected version, or cancel the order.
  AIC Technik is not responsible for pricing, typographical, or other errors in any communication with the Customer, and reserves the right to cancel any orders arising from such errors. Orders are billed at the prices and currency in effect at the time of shipment. Prices will be as specified by AIC Technik and will be applicable for the period specified in AIC Technik's quote. Unless otherwise stated on the quote, quotes are invitations to tender and are subject to change at any time without notice. If no period is specified, quoted prices will be applicable for thirty (30) days.
  The Website reflects the latest pricing information. Prices shown on the website are subject to change without notice. Prices are subject to increase in the event of an increase in AIC Technik’s costs or other circumstances beyond AIC Technik's reasonable control, including but not limited to, manufacturers’ price increases, change in exchange rate, or quoting errors. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity 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.
  TERMS OF PAYMENT
  All payments must be made in the currency billed on the original invoice or credit card receipt. 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 via net thirty (30) days is available to businesses, schools, and agencies with three references or as otherwise specified by AIC Technik. 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 and shipping charges. We will reserve stock for your order for 72 hours on orders awaiting funds. Orders will be cancelled after 20 business days if funds have not been received. Customer is responsible for duties and taxes.
  When required by law AIC Technik will collect Federal, 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 AIC Technik has a valid signed tax exemption certificate on file.
  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.
  DELIVERY AND TITLE
  Domestic shipments by AIC Technik are typically FCA point of shipment from AIC Technik's facility, and the amount of all transportation charges will be paid to AIC Technik by the Customer in addition to the purchase price of the Products. Subject to AIC Technik'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.
  AIC Technik 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 AIC Technik are estimates only, and that AIC Technik will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by AIC Technik unless specifically designated by Customer. AIC Technik 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.
  International shipments follow the Incoterms published by the International Chamber of Commerce. An Incoterm for a Customer order is selected by AIC Technik based on Customer address, destination, and/or currency. Title transfer will be in accordance with the Incoterm selected for the shipment by AIC Technik. By default, if incoterm is not specified, the incoterm will be FCA point of shipment from AIC Technik's facility.
  The Terms and Conditions may not be modified or cancelled without AIC Technik's written agreement. Accordingly, goods furnished, and services rendered by AIC Technik are sold only on the terms and conditions stated herein. The sale of Products here under will be governed by these Terms and Conditions, notwithstanding contrary or additional terms and conditions in any 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 AIC Technik.
  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 AIC Technik, and all different or additional terms and conditions contained in any Customer Documents are hereby objected to by AIC Technik.
  AIC Technik's performance of any contract is expressly made conditional on Customer's agreement to AIC Technik's Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by AIC Technik. 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 AIC Technik. 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 Texas and the applicable laws of the United States.