Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Terms and Conditions of Use and Sale
The following are the terms and conditions for the sale of products by Altelix LLC (“Altelix’’). Any different or additional terms set forth in Customer’s purchase order or similar communication are rejected and shall not be binding on Altelix unless a separate agreement has been signed by an authorized officer of the Altelix. By making an offer to purchase products from Altelix, placing an order for products from Altelix, or by accepting delivery of products shipped from Altelix, you agree to be bound by and accept these Terms and Conditions of Sale. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Altelix LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Order Acceptance and Cancellation
Acceptance of any order is subject to credit approval and acceptance of order by Altelix. All sales are final unless otherwise agreed to in writing by Altelix, except as covered by the Limited Warranty. In the event of cancellation of an order for any reason, Altelix reserves the right to charge a reasonable cancellation or restocking charge to the Customer. Altelix reserves the right to terminate any order upon notice to the Customer without liability to Altelix. We reserve the right to limit sales, including the right to prohibit sales, at our discretion.

Custom Orders
Custom-built and special order items are non-cancellable and non-returnable (NC/NR).

Pricing
Unless otherwise quoted, prices shall be those in effect at time of shipment. Any price quotations provided by Altelix will be applicable for thirty (30) days, unless otherwise noted on the quotation. Prices are exclusive of: sales, excise, or value add taxes, shipping charges, forwarding agent or broker fees, bank fees, and import duties. Prices are subject to change without notice.

Sales Tax
All orders shipped to an address in the state of Florida will be subject to sales tax. The Customer is responsible for paying this tax to Altelix unless the Customer provides a valid Sales Tax Exemption Certificate. Any sales tax due that is not collected by Altelix is the responsibility of the Customer.

Payment
All payments must be in US Dollars. Altelix accepts payment via wire transfer, draft, Paypal or major credit card (Visa, MasterCard, and American Express) upon approval. International orders will require pre-payment via wire transfer.

Shipping and Title
Shipping or freight charges, and insurance will be paid by the Customer. Any shipping charges quoted are for delivery only; Customer is responsible for any taxes, customs fees, brokerage fees, etc. All sales are made FOB Shipping Point, Boca Raton, FL USA, unless otherwise agreed to in writing. Shipping or freight charges from Altelix’s facility will be prepaid and added to the invoice or billed collect to the Customer upon shipment approval. Title to the products shall pass to the Customer upon delivery of the products to a common carrier and risk of loss will pass to the Customer. Altelix shall not be liable for any shipment delays. Delay in delivery will not entitle the Customer to cancel. Customer must report any claimed shortages or rejections promptly, within three business days after delivery of product. Failure to give Altelix notice of a claim will be deemed as acceptance of the delivery.

Product Returns
Altelix accepts returns within 30 days of the original shipping date only for store credit ($500 limit) toward a future purchase, subject to the following conditions:

All product returns must be returned within 30 days of the original shipping date.
Return Material Authorization (RMA) number must accompany all returns. An RMA number can be obtained by contacting the Altelix Customer Service Department at RMA@altelix.com. Our warehouse will not accept returns received without an RMA number, and they will be refused or returned to buyer freight collect.

Under no circumstances will credit be issued later than 30 days from invoice date or for orders exceeding a total of $1,000.00 in value. All freight charges (original shipping plus return shipping) are the responsibility of buyer. Buyer is responsible for properly packing the return items for safe transport and prevent damage.

Standard stocking items are eligible for return within 30 days of the original shipping date provided they are in new and unused condition with the factory seals intact. Altelix does not accept returns for products that have been opened or have missing parts, manuals, or that have shipping damage upon return. All non-defective returns are subject to a restocking / repackaging charge of up to 25% to be determined at Altelix's sole discretion.

Custom built orders and non-stock items are not eligible for return under any circumstances. This includes cable assemblies and customized enclosures, and any other product where return restrictions are indicated on the product web page or noted on the invoice.

Limited Warranty
Altelix warrants our products will be free from defects in materials and workmanship, under normal use, for a period of one (1) year from date of purchase. No warranty will apply if product has been subject to cases of mishandling, misuse, neglect, acts of God, consequential damage, or if product has been modified or altered in any way, including the removal of any serial numbers or product labels. This Warranty applies to original purchaser only and is not transferrable. Customer must notify Altelix within one (1) year from date of purchase of any defective product. An approved Return Materials Authorization (RMA) number must be obtained from Altelix prior to return of any merchandise under warranty. Return shipping charges for materials returned under this warranty are the responsibility of the Customer. Altelix shall, as its option, either repair or replace products found to be defective after inspection by Altelix. Such remedy shall be exclusive and in lieu of all others. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

All returns must be shipped to Altelix, 1201 Clint Moore Road, Boca Raton, FL, 33487 USA.

Limitation of Liabilities
In no event, shall Altelix, our Officers, Employees, and Representatives, be liable for any special, incidental, consequential, punitive or other damages of any nature including, but not limited to, damages resulting from loss of profit, revenue, claims for service interruptions, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Altelix 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 ALTELIX HARMLESS FROM ANY CLAIMS brought by any third party regarding products supplied by Altelix and incorporated into the Customer's product. The remedies set forth herein shall be the sole and exclusive remedies available to the Customer so that our credit of Customer’s account or repair or replacement of product is a fulfillment of all our obligations.

Application Disclaimer
Altelix products are not designed or intended for use in; any healthcare application intended to support or sustain life including but not limited to surgical implant or life support devices, any life-critical applications, any aircraft or aviation application, any safety application or containment area of a nuclear facility or for any other application in which the failure of Altelix product could create a situation where personal injury or death may occur. Any such use of Altelix products is at Customer’s sole risk, and Customer agrees to indemnify and hold us harmless from and against any loss, claims, damages, liability, or cost (including court costs and attorney’s fees) resulting from such use or sale by our Customer or any customer of our Customer.

Statements and Advice
If any statements or advice, technical or otherwise, are offered or supplied to Customer, such statements or advice will be considered to have been given as an accommodation to the Customer and Altelix will have no responsibility or liability for the content or use of such statements or advice.

Export Compliance Statement
Customer understands that Products supplied by Altelix are subject to compliance with any and all applicable United States laws, regulations and orders. Customer agrees to comply with all such laws, regulations and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and the Export Administration Act. The commodities and/or technology sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Libya, Sudan, North Korea or Syria or to other countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. The Customer represents and warrants that it will not violate such export-related laws with respect to Products supplied by Altelix. Customer represents that the Products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable export laws, regulations, or orders. Customer will indemnify and hold Altelix harmless for any damages arising from such violations by the Customer.

Intellectual Property
The Customer acknowledges that all Intellectual Property Rights in and related to the Products shall remain the exclusive property of Altelix including, without limitation, patents, copyright, trademarks, design rights and product knowledge. Nothing in these Terms and Conditions of Sale or any Contract/Order formed pursuant to it shall be construed as conferring or transferring any license or granting any rights in favour of the Customer in relation to the Intellectual Property Rights. The Altelix website and all of its features and functionality (including but not limited to all information, software, code, text, displays, images, video and audio, and the design selection, “look and feel”, and arrangement thereof) as well as all associated intellectual property rights therein, including but not limited to trademarks, service marks, trade dress, logos, slogans, copyrights, trade secrets, and patents (collectively the “Content”) are owned by Altelix, and are legally protected, without limitation, by U.S. Federal or State, and international laws, regulations, and treaties. All rights relating to the same are reserved. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or other intellectual property without the written permission from Altelix. Altelix retains ownership of any and all right, title and interest (including all intellectual property rights) in and to the Content, and any improvements, modifications, design contributions or derivative works thereto. Altelix retains all right, title, and interest to any intellectual property and other industrial or similar proprietary rights in any jurisdiction worldwide, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: (i) trademarks, trade dress, service marks, certification marks, logos, slogans, trade names, brand names, corporate names, assumed names, business names and all other indicia of origin, including all registrations and applications of and goodwill arising from the foregoing; (ii) works of authorship and all other copyrightable works, including all registrations, applications and extensions of the foregoing; (iii) trade secrets; techniques, business and technical information, know-how, non-public information, and confidential information; (iv) inventions, ideas, discoveries, developments, whether or not any of the foregoing are patentable, and any issued patents and pending patent applications; and (v) rights in data. You may not reproduce, distribute, mirror, frame, modify, publish or otherwise publicly display, republish, download, store, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content shown on the Altelix website.

Copyrights
Altelix marketing materials, data sheets, drawings and the entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Altelix LLC. The collective work includes works that are licensed to Altelix. Copyright 2017, Altelix LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Altelix or purchasing Altelix products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Altelix or to purchase Altelix products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Altelix in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Altelix used in the site are trademarks and/or registered trademarks of Altelix LLC. All other marks are the property of their respective owners.

Use of Website
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Altelix or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Website Participation Disclaimer
Altelix does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Altelix is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Altelix reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Altelix in its sole discretion.

General Provisions
All typographical or clerical errors made by Altelix in any quotation, acknowledgment or publication are subject to correction. In the event that a Altelix product is mistakenly listed or quoted at an incorrect price, Altelix reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Altelix reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Altelix shall issue a credit to your credit card account in the amount of the incorrect price.

No Agency
It is understood that Customer is not an agent of Altelix and shall not refer to the Altelix corporate name in any of its products, services or literature without the express written consent from Altelix.

Notices
Altelix may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Altelix. Any notice required or permitted hereunder will be deemed to have been effectively delivered to us if in writing and served by personal delivery to us or sent postage prepaid by certified or registered mail with return receipt requested to: Altelix LLC, 1201 Clint Moore Road, Boca Raton, FL 33487 USA.

Jurisdiction and Venue
All products are sold based solely on the Terms and Conditions stated herein. The Terms and Conditions will be governed by the State of Florida and the applicable laws of the United States of America without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from any purchase from Altelix shall be an appropriate federal or state court of competent jurisdiction located in Palm Beach County, Florida. Any cause of action or claim Customer may have with respect to Altelix website or products must be commenced within one (1) year after the claim or cause of action arises. Altelix LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. If a Customer chooses to access the Altelix website or purchase products from Altelix from outside the United States, the Customer does so of their own accord and is responsible for compliance with all applicable local laws.

These terms were last revised May 9, 2018.