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Terms & Conditions
Welcome to express-technology.com, the web site of Express Technology
Group. The following are the rules, terms and conditions ("Terms") that
govern the use of the express-technology.com web site (the "Site").
TERMS AND CONDITIONS OF SALE
The sale of products
and services ("Products") by Express Technology Group, Inc. and its
divisions, subsidiaries, and affiliates ("Express Technology Group")
are subject to these terms and conditions ("Agreement") regardless of
other or additional terms or conditions that conflict with or contradict this
Agreement in any purchase order, document, or other communication
("Order"). Preprinted terms and conditions on any document of
customer ("Customer") (for example: Orders or confirmations) and/or Express
Technology Group's failure to object to conflicting or additional terms will
not change or add to the terms of this Agreement.
1. ORDERS. Quotes from Express Technology Group are
invitations to tender and are subject to change at any time without notice. All
Orders are subject to acceptance by Express Technology Group. Contracts between
Customer and Express Technology Group are formed upon Express Technology Group's
written acceptance or execution of Customer's Order and shall be subject to
this Agreement. All Orders including, but not limited to, Electronic Purchase
Orders, for Products identified by Express Technology Group as non-standard or
"NCNR", are non-cancelable, non-returnable. Express Technology Group
may identify Products as non-standard or "NCNR" by various means
including, but not limited to, quotes, Scope of Services, Products lists,
attachments or exhibits. Customer may not change, cancel or reschedule Orders
for standard Products without Express Technology Group's consent. Express
Technology Group reserves the right to allocate the sale of Products among its
Customers.
2. PRICES. Prices are subject to change at any
time. Prices are for Products only and do not include taxes, shipping charges,
freight, duties, and other charges or fees, such as fees for special packaging
and labeling of the Products, permits, certificates, customs declarations and
registration (collectively, "Additional Fees"). Customer is
responsible for any Additional Fees.
3. TERMS OF PAYMENT. Payment of the total invoice amount,
without offset or deduction, is due 30 days from the invoice date or as
otherwise approved in writing by Express Technology Group. On any past due
invoice, Express Technology Group may charge (i) interest from the payment due
date to the date of payment at 18% per annum, plus reasonable attorney fees and
collection costs; or (ii) the maximum amount that is allowed under the
applicable law if Express Technology Group's interest rate is deemed invalid.
At any time, Express Technology Group may change the terms of Customer's credit,
require financial data from Customer for verification of Customer's
creditworthiness, require a bank guarantee or other security, or suspend any
outstanding Orders of Customer. Express Technology Group may apply payments to
any of Customer's accounts. If Customer defaults on any payment under this
Agreement, Express Technology Group may reschedule or cancel any outstanding
delivery and declare all outstanding invoices due and payable immediately.
Unless otherwise provided by applicable law, any credit issued by Express
Technology Group to Customer in respect of any of Customer's accounts will
expire if unused for twelve (12) months following the date of issuance of such
credit.
4. DELIVERY AND TITLE. Unless otherwise specified by Express
Technology Group in writing, all deliveries by Express Technology Group are EXW
Express Technology Group's warehouse (INCOTERMS 2010). Title shall pass to
Customer upon delivery of the Products to the carrier. Express Technology Group's
delivery dates are estimates only and subject to timely receipt of supplies by Express
Technology Group. Express Technology Group is not liable for delays in
delivery. Express Technology Group reserves the right to make partial
deliveries and Customer will accept delivery and pay for the Products
delivered. A delayed delivery of any part of an Order does not entitle Customer
to cancel other deliveries.
5. EXPRESS TECHNOLOGY
GROUP'S LIMITED WARRANTY. Express
Technology Group will pass through to Customer any transferable Product
warranties, indemnities, and remedies provided to Express Technology Group by
the manufacturer, including any warranties and indemnities for intellectual
property infringement. If required by law, Express Technology Group warrants
that at the time of delivery, the Products shall have the specifications stated
by the manufacturer in its published data sheet for the Products for 1 month
from delivery of Products. Express Technology Group warrants that for a period
of 30 days after delivery of the Products to Customer, value-added work
performed by Express Technology Group on Products will conform to Customer's
specifications that are in writing and accepted by Express Technology Group,
and Customer shall be deemed the manufacturer of such value-added Products. To
the extent permitted by law, Express Technology Group makes no other warranty,
express or implied, such as warranty of merchantability, fitness for purpose or
non-infringement. Customer's sole remedies for breach of Express Technology
Group's warranty are, at Express Technology Group's choice: (i) repair the
Products; (ii) replace the Products at no cost to Customer; or (iii) refund Customer
the purchase price of the Products.
6. PRODUCT RETURN. Customer may return Products to Express
Technology Group only with a return material authorization ("RMA")
number issued by Express Technology Group. Customer must notify Express
Technology Group in writing of any damage to the outer packaging or the Products,
shortage, or other discrepancy ("Visual Defect") within 3 days after
receipt of the shipment; otherwise, Customer is deemed to have accepted the
Products and may not revoke acceptance. RMAs will be issued only for Visual
Defects created solely by Express Technology Group or the original
manufacturer, and only if Customer satisfies the notice requirement. RMAs will
not be granted for damage, shortage, or other discrepancy created by Customer,
the carrier or freight provider, or any other third party. Product return pursuant
to a warranty requires written notice from Customer to Express Technology Group
within the warranty period detailing the Product defect. Customer must return
the Products to Express Technology Group freight prepaid in original
manufacturer's shipping cartons or equivalent, along with acceptable proof of
purchase, within the warranty period and as specified in the RMA. At Express
Technology Group's discretion, Express Technology Group will return all
Products not eligible for return to Customer, freight collect, or hold Product
for Customer's account at Customer's expense.
7. LIMITATION OF
LIABILITY. To the extent permitted by law, neither Express Technology
Group nor its employees or agents are liable for and Customer is not entitled
to any indirect, special, incidental or consequential damages (for example,
loss of profits or revenue, loss of data, loss of use, rework, manufacturing
expense, injury to reputation, or loss of Customers). To the extent permitted
by applicable law, Customer's recovery from Express Technology Group for any
direct damages will not exceed the price of the Product at issue. To the extent
the preceding limitation of liability is deemed invalid under applicable law, Express
Technology Group's total liability in any event will not exceed USD 5,000 or
the equivalent thereof. Customer will indemnify, defend and hold Express
Technology Group harmless from any claims based on: (i) Express Technology
Group's compliance with Customer's designs, specifications, or instructions,
(ii) modification of any Product by anyone other than Express Technology Group,
or (iii) use of Products in combination with other products or in violation of
clause 9 below.
8. FORCES BEYOND EXPRESS
TECHNOLOGY GROUP'S CONTROL. Express
Technology Group is not liable for failure to fulfill its obligations under
this Agreement due to causes beyond its reasonable control (for example: acts
of nature, acts or omissions of the Customer, operational disruptions, man-made
or natural disasters, epidemic medical crises, materials shortages, strikes,
criminal acts, delays in delivery or transportation, or inability to obtain
labor or materials through its regular sources).
9. USE OF PRODUCTS. Customer shall comply with the
manufacturer's or supplier's Product specifications. Products are not
authorized for use in critical safety or other applications where a failure may
reasonably be expected to result in personal injury, loss of life, or serious
property damage. If Customer uses or sells the Products for use in any such
applications or fails to comply with the manufacturer's Product specifications,
Customer acknowledges that such use, sale, or non-compliance is at Customer's
sole risk.
10. EXPORT/IMPORT. Certain Products and related technology and documentation
sold by Express Technology Group are subject to export control laws,
regulations and orders of the United States, the European Union, and/or other
countries ("Export Laws"). The Customer shall comply with such Export
Laws and obtain any license, permit or authorization required to transfer,
sell, export, re-export or import the Products and related technology and
documentation. The Customer will not export or re-export the Products and
related technology and documentation to any country or entity to which such export
or re-export is prohibited, including any country or entity under sanction or
embargoes administered by the United Nations, U.S. Department of Treasury, U.S.
Department of Commerce or U.S. Department of State. The Customer will not use
the Products and related technology and documentation in relation to nuclear,
biological or chemical weapons or missile systems capable of delivering same,
or in the development of any weapons of mass destruction.
11. PRODUCT
INFORMATION. Product
information (for example, statements or advice (technical or otherwise)
advertisement content, and information related to a Product's specifications,
features, export/import control classifications, uses or conformance with legal
or other requirements) is provided by Express Technology Group on an "AS
IS" basis and does not form a part of the properties of the Product. Express
Technology Group makes no representation as to the accuracy or completeness of
the Product information, and DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
LIABILITIES UNDER ANY THEORY WITH RESPECT TO THE PRODUCT INFORMATION. Express
Technology Group recommends Customer validate any Product Information before
using or acting on such information. All Product information is subject to
change without notice. Express Technology Group is not responsible for
typographical or other errors or omissions in Product information.
12. GOVERNMENT
CONTRACTS. Express
Technology Group is a distributor of "Commercial Items" as defined in
FAR 2.101. Express Technology Group agrees only to the clauses in the Federal
Acquisition Regulation ("FAR") and Defense Federal Acquisition
Regulation ("DFAR") that are required to be inserted in subcontracts
for commercial items as set forth in FAR 52.244-6(c)(1), FAR 52.212-5(e)(1),
and DFAR 252.244-7000 if it is a subcontract under a Department of Defense
prime contract. In accordance with FAR 12.211, Customer will receive only those
rights in technical data customarily provided to Express Technology Group by
the manufacturers. By no means will this be interpreted as providing to
Customer unlimited rights in data, software, or intellectual property rights
provided by the manufacturers or any other third party. Express Technology
Group specifically rejects the flow down of the requirements of the: (i) Trade
Agreements Act, FAR 52.225-5 or DFARS 252.225-7021; (ii) the Buy American Act,
FAR 52.225-1 or DFARS 252.225-7001; and (iii) any Preference for Domestic
Specialty Metals regulation.
13. ELECTRONIC ORDERS. In the event that any part of the
purchase and sale of Products, including Customer's NCNR acknowledgment,
utilizes electronic data interchange, Customer's internal portal or third party
portal, or any other electronic means ("Electronic Purchase Order"),
this Agreement will continue to apply to the purchase and sale of Products
between Customer and Express Technology Group. Customer's acceptance of Express
Technology Group's acknowledgment request or Express Technology Group's
specification of details with respect to Electronic Purchase Orders via
writing, email or other electronic data interchange shall be binding on
Customer.
14. GENERAL.
A. This Agreement shall be governed, construed, and enforced in accordance with
the laws of the country where the Express Technology Group entity that accepted
Customer's Order ("Governing Country") is located. The courts of the
Governing Country shall have jurisdiction and venue over all controversies
arising out of, or relating to, this Agreement. If the Governing Country is the
United States of America, the laws and courts of the State of Arizona will
apply without reference to Arizona's conflict of laws principles. The United
Nations Convention for the International Sale of Goods shall not apply.
B. Customer may not
assign this Agreement without the prior written consent of Express Technology
Group, and Express Technology Group's affiliates may perform Express Technology
Group's obligations under this Agreement. This Agreement is binding on
successors and assigns.
C. This Agreement can
only be modified in writing signed by authorized representatives of both Express
Technology Group and Customer.
D. Express Technology
Group and Customer are independent contractors and agree that this Agreement
does not establish a joint venture, agency relationship, or partnership.
E. Express Technology
Group's failure to object to any document, communication, or act of Customer
will not be deemed a waiver of any of these terms and conditions.
F. The
unenforceability of any of these terms or conditions will not affect the
remainder of the terms or conditions.
G. Products, including
software or other intellectual property, are subject to any applicable rights
of third parties, such as patents, copyrights and/or user licenses, and
Customer will comply with such rights.
H. Customer and Express
Technology Group will comply with applicable laws and regulations.
I. The parties agree
to use electronic signatures and agree that any electronic signatures will be
legally valid, effective, and enforceable.
Last updated: February
11, 2016