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Terms and Conditions

All sales are expressly conditional on your (hereinafter "Customer") agreement to the terms and conditions on this form. Any order or any statement of intent to purchase any goods from Aminexus, Inc. (hereafter referred to as “Aminexus”), or any direction to proceed with engineering, procurement, manufacture or shipment of any said goods; or acceptance of all or part of such goods; or payment of all or part of such goods shall constitute assent to these terms and conditions.

Customer and Aminexus agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Aminexus. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. Any different or additional terms and conditions proposed by Customer in its purchase order or otherwise, are objected to by Aminexus and will not be binding upon Aminexus, unless specifically assented to in writing by an authorized representative of Aminexus's management.

In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Aminexus.

1. AMINEXUS SATISFACTION GUARANTEE

No goods will be accepted for return without the written permission of Aminexus which may be granted or withheld in Aminexus's sole discretion. Normally stocked items in resalable condition will be accepted for credit subject to a restocking charge. Manufacturers restocking charges will apply when material has to be returned to manufacturer. Goods will not be accepted for return after 30 days frcm date of invoice. Specially ordered items or abnormal quantities of stock items will not be accepted for return until Aminexus has secured permission and terms of return from Aminexus’s sources of supply and such terms have been accepted by the Customer. All goods claimed to be defective shall be held subject to inspection by Aminexus and/or the manufacturer. For further details, see Return Policy & Procedures

2. WARRANTIES

Aminexus is a distributor only. Products sold by Aminexus are not manufactured by Aminexus. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Aminexus assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products.

Aminexus shall use reasonable efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of goods that may prove defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the Customer and the sole obligation of Aminexus.

Since the products sold by Aminexus are not manufactured by Aminexus, but are sold under its respective manufacturer's brand or trade names, Aminexus hereby disclaims any and all warranties against patent infringement and infringement of any intellectual property rights of any nature. Aminexus shall, however, if given prompt notice by the Customer of any claim of patent infringement with respect to any product sold hereunder, request the manufacturer to grant for the Customer such indemnity rights as the manufacturer may customarily give with respect to such product.

AMINEXUS MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. AMINEXUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

 

3. LIMITATION OF LIABILITY IN ALL CIRCUMSTANCES

AMINEXUS'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. AMINEXUS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. AMINEXUS.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT AMINEXUS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. GENERAL TERMS AND CONDITIONS

Quotations:

Unless otherwise stated, quotations expire 30 days from date thereof, and may be modified or withdrawn by Aminexus prior to any acceptance. All quotations and prices are subject to change without notice. Prices do not include any present or future sales, use, excise, value-added or similar taxes; and where applicable, such taxes shall be billed as a separate item and paid by the Customer. Aminexus reserves the right to correct all errors and omissions. Quantities and unit prices are for the specific quotations or sale only; any increase or decrease in quantities is solely at the option of Aminexus. Aminexus assumes no responsibility for quoted or sold materials meeting any job specifications or requirements unless specifically so stated in its written quotation. Aminexus is merely quoting its interpretation of Customer's requirements and bill of material. All quotations are subject to corporate credit approval and are not an offer to sell on an open account basis.

 

Payment Terms; Orders:

An order is not binding upon Aminexus until it is accepted; Aminexus must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Aminexus as described in Payment Methods. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Any order for goods by Customer shall constitute a representation that Customer is solvent. If, in the judgment of Aminexus, the financial condition of the Customer at the time of manufacture or shipment does not justify the terms of payment specified, Aminexus reserves the right to require from Customer full or partial payment or other adequate assurance of performance before manufacturer or shipment. Aminexus reserves the right to suspend its performance until such payment or adequate assurance of performance has been received. Customer, in order to provide security for the payment of the full price of goods furnished hereunder, grants Aminexus a security interest in said goods.  Customer agrees to execute any documents or furnish information necessary to perfect this security interest.

Order may be canceled by the Customer only if agreed to by Aminexus and upon payment of reasonable charges based upon expenses already incurred and commitments made by Aminexus.

 

Shipping Charges

The total cost for purchase of any product will include shipping and handling charges shown on the Aminexus invoice.

All items shown as freight allowed pertain to particular items and quantities. Any deviation after placement of order, such as changes in quantity or partial release, will be subject to the manufacturer’s terms and conditions where applicable. Extra labor or mechanical facilities required to unload shall be provided by Customer without any cost to Aminexus.

 

Should shipments be held or stored beyond delivery date for convenience of Customer, Aminexus may, at its option, assess reasonable charges for any expense incident to such delay.

 

Title; Risk of Loss

Aminexus will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. On direct shipments from manufacturers, title passes to Customer at point and time of delivery to carrier by manufacturer; and, thereafter, all risk of loss or damage shall be on Customer. Damage or shortage claims arising from direct shipments are to be made by Customer against carrier. Aminexus assumes no responsibility beyond delivery to carrier in good order and is not responsible for loss, damage, or delay occurring thereafter.

Aminexus reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Aminexus to sign appropriate documents on Customer's behalf to permit Aminexus to protect its purchase money security interest.

Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken.

 

Estimated Shipping Date:

Shipping dates are not guaranteed, but if stated, are based upon best information then available and unless otherwise specifically stated in writing are subject to change without notice. Aminexus shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control, or (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation. or (iii) any other commercial impracticability. In the event of any such delay, the date of delivery or performance shall be extended for a period equal to the time lost by reason of delay.

 

Governing Law and Jurisdiction:

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Aminexus and Customer shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Aminexus and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Florida, Collier County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Aminexus that is more than one year after the date of the applicable invoice.

 

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Florida law.

 

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 

Enforcement

If it is necessary for Aminexus to institute legal proceedings against Customer to enforce these Standard Terms and Conditions or to collect amounts owing relating to sales of goods by Aminexus to Customer, Aminexus shall be entitled to recover from Customer its attorney fees and cost of suit.

 

Entire Agreement

These terms and conditions, together with Aminexus's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Aminexus and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Aminexus and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

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