Terms and conditions
for orders placed with Imsys AB
1. Terms of Order
By placing an order You hereby accept the offer of Imsys AB to sell (or license, as provided below) to You certain integrated circuits, circuit board assemblies and software (collectively, referred to herein as the ”Goods” that constitute this Order), according to these terms and conditions. Imsys AB will accept Your Order upon commencing performance. Upon acceptance of the Order by Imsys AB, the terms and conditions herein shall constitute the sole and entire contract between You and Imsys AB relating to procurement of the Goods. Any additional or different terms You may propose other than delivery dates, quantities of Goods ordered, and shipping destination are specifically rejected. Further, the Order may not be modified, superseded or amended except in a writing signed by Imsys AB. Any claims by You for omissions or shortages in shipment must be made to Imsys AB within 10 days of Your receipt of the shipment.
2. Use of software
Any Software delivered with the order is licensed to You and not sold. Imsys AB grants to You a personal, nonexclusive, nontransferable, nonsublicensable license to use the Software in accordance with documentation supplied by Imsys AB. Imsys AB retains all ownership rights to the Software. You agree to use the Software only as set forth in the Software’s documentation, and You will not reproduce or modify the Software or any portion thereof except as permitted under such documentation. You shall not rent, sell, lease or otherwise transfer the Software or any part thereof or use it for the benefit of a third party. You shall not reverse assemble, reverse compile or reverse engineer the Software, or otherwise attempt to discover any Software source code.
3. Prices and Payment
Prices stated by Imsys AB are based on shipment FCA (Free in hands of Carrier/ ICC Incoterms 2000) Imsys plant in Sweden. All prices are exclusive of shipping charges and Taxes, Customs duties, bank commission, transaction costs, etc. Acceptable forms of payment are bank transfer, VISA and MasterCard.
Most stock orders will be shipped within two days. Delivery times indicated are approximate only and Imsys AB have no liability for any delays in delivery.
5. Returns and Repairs
Imsys AB products are not eligible for credit or return, and sales are final. For repair of any product, you may return product directly to Imsys AB by completing a Return Authorization (RMA) form.
Unless otherwise indicated, all prices and charges are exclusive of excise, sales, value added or like taxes that may be imposed by any taxing authority upon the manufacture, sale or delivery of items sold by Imsys AB. For orders made from the European Union 25 % VAT is added. ( EU customers with a valid VAT number can avoid this charge by submitting their VAT number in the order form).
7. Governing law
This Agreement shall be construed in accordance with and be governed by the laws of Sweden.
Product limited Warranty
8. Circuit board assemblies and hardware products
Imsys AB warrants these products against defect in workmanship and material for a period of 90 days from the date of purchase. This warranty does not apply to the batteries used in the hardware products. Imsys AB will, at its sole discretion, either repair or replace the defective hardware product at no charge or refund the purchase price. This warranty is void if the hardware product has been altered or damaged by accident, misuse or abuse.
9. Software Products
Software including, without limitation, Imsys Developer SNAP and Imsys SNAP Firmware ARE LICENSED AS IS. All Imsys AB Software products are subject to separate license agreements./p>
10. RMA Procedure
Should a problem arise, or should you need to return a product for any reason, you must obtain a Return Material Authorization (RMA) number. Contact Imsys AB Customer Service Department at +46.8.594.11070 or use our online RMA form. Please have available the product part number, serial number, and a description of the suspected problem, failure, or other reason for return of the product.
11. Disclaimer of Warranties
THESE WARRANTIES ARE MADE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, NONINFRINGEMENT OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, EXCEPT THE WARRANTIES EXPRESSLY STATED HEREIN. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF ANY PURCHASER WITH RESPECT TO ANY DEFECTIVE PRODUCT.
12. Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL Imsys AB BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED OR INCURRED WITH RESPECT TO ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL Imsys AB BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT YOU MAY SUFFER DIRECTLY OR INDIRECTLY FROM USE OF ANY PRODUCT.