Terms and Conditions

INTELLECTUAL PROPERTY:

All content on the Site is protected by U.S. and international copyrights, trademark, and other laws. This content belongs to Agility EMS (Seller), its partners, affiliates, contributors or third parties. This site contains hyperlinks to other sites created, maintained and/or controlled by parties other than the Seller and its affiliates. Seller has no control over the quality, safety, accuracy, or legality of products, services and information offered on linked sites and does not endorse either the owners of such sites or the products or services offered for sale on such sites. Accordingly, users of this site acknowledge that Seller is in no way liable for any claims arising from use of the linked sites. Users’ decisions to visit or do business with the linked sites are made at their own risk. You may not use any logos appearing on this site without written consent from the Seller, except as permitted by applicable law.

PRICES:

All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer will be responsible for all such taxes, duties, and charges unless mutually agreed upon by Seller and Buyer that they are included in the price. Prices are subject to change in response to supplier price and other market changes. Prices are also subject to change by Seller when Buyer reschedules or reconfigures its order.

SHIPPING AND DELIVERY:

In the absence of prior instructions from the Buyer, the Seller will select the carrier for shipment. Seller’s responsibility for any loss or damage ends and title passes to the Buyer when the merchandise is delivered to the carrier. All delivery dates are approximate. Because delivery dates depend upon our supplier’s inventory, production, shipping schedules and other factors, actual delivery dates may differ substantially from those quoted.

RETURN OF PRODUCTS:

Products will be considered accepted by the Buyer unless notice of rejection is given by the Buyer within thirty (30) days of shipment date. Credit will not be allowed for products returned without prior consent. No return of products will be accepted without a Return Materials Authorization (RMA) number issued by Seller. A complete description stating the reason for the return must be included with the returned products. The returned items must be in the original packing, in original condition and shipped by prepaid freight to Seller’s warehouse. Non-Cancelable, Non-Returnable (NCNR) products are non-returnable.

LIMITED WARRANTY:

Seller makes no express warranties concerning products sold and Seller hereby disclaims any implied warranties of merchantability or fitness for a particular purpose. Buyer shall not in any event be entitled to and Seller shall not be liable for indirect, incidental, or consequential damages of any nature including, but not limited to, loss of profit, loss of use, loss of data, promotional or manufacturing expenses, overhead expenses, personal injury, injury to reputation or loss of customers.

Most items sold by the Seller are covered by the manufacturers’ current warranty / policy. The Seller expressly limits its liabilities to the applicable manufacturer’s warranty. Warranty is limited to repair, replacement, or refund of the purchase price paid for the product at the sole discretion of the Seller. Custom Solution products will carry a warranty to be free from defects in workmanship for a period of one year from the date of shipment. Seller will not be responsible for any consequential or indirect damages.

EXCEPT FOR THE WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

FORCE MAJEURE:

Seller shall not be liable for any prevention or delay in performance resulting in whole or part, directly or indirectly, from fires, floods, or other catastrophes, strikes, lockouts, or labor disruption; wars, terrorism, riots, embargo, import or export quotas, or voluntary mandatory allocations; actions by foreign, federal, state or local governments; mill and factory conditions; shortages or transportation equipment, fuel, labor or materials; major changes in economic conditions; or any other circumstances or causes beyond the control of Seller in the reasonable conduct of its business. In the event of such prevention or delay in performance, the time for performance shall be extended for a period of ninety (90) days. If performance is not made within such extended ninety (90) day period, Seller shall have the option at any time thereafter and upon written notice to Buyer to cancel the order without liability to either party or to maintain the order in effect and complete performance within a reasonable time after the termination of such prevention or delay.

GOVERNING LAW:

All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota.