AAG Electronica LLC  
Online Store
Terms and Conditions of Sale

The following terms and conditions govern the sale between AAG Electronica LLC ("AAG") and You (the "Customer") on orders for products through AAG Electronica's on-line Information Store located at www.aagelectronica.com  By completing this order or accepting delivery of the products described on the Customer invoice, Customer agrees to be bound by and accept the following terms and conditions.

These terms and conditions are subject to change without prior written notice at any time, at AAG sole discretion.

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as described herein. Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and AAG.

2. Governing Law. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. Venue and jurisdiction for all disputes will lie in Laredo County, Texas, United States of America.

3. Payment Terms; Orders. Terms of payment are within AAG  sole discretion, and unless otherwise agreed to by AAG, payment must be received by AAG prior to AAG  acceptance of an order. Payment for the products will be made by credit card or some other pre-arranged payment method. AAG may invoice parts of an order separately. Orders are not binding upon AAG until accepted by AAG.

4. Shipping Charges. Shipping and handling  charges will be shown on AAG  invoice(s) only as shipping charges. Customer is responsible for sales and all other taxes associated with the order, however designated, except for AAG  franchise taxes and taxes on AAG  net income. If applicable, a separate charge for taxes will be shown on AAG  invoice.

5. Shipping methods. AAG offers three different methods for delivery of the goods. These are USPS, Regular, Express.

  • USPS  method: This method uses the US postal service. It is available for delivery  of orders all over the world. The delivery time depends on the destination country and can vary from one week in USA/Canada to four or five weeks on other countries. This method don't offer tracking capabilities and once the package  is deposited by AAG into the USPS office, AAG  is not longer liable for the delivery of the package.

 

  • Regular method: This method uses the most economic service provided by the AAG selected  USA based parcel company. This service is only available for deliveries within USA. Transit  time is normally  from 3 to 5 days in continental USA.  It provides tracking service and is covered by an insurance for the value of the order. In case the package is damaged or lost, or signs that the package was open and parts of  the order are missing, the customer must place the claim  to AAG at the following e-mail address  sales@aagelectronica.com within the next 72 hours after the reception of the package. Or  in case that the package is not received after 5 working days from the notification from AAG that the shipment was made. The claim must contain , AAG order number,  waybill number,  detailed description of the claim,  complete shipping address and phone number of the customer that is presenting the claim.  In case the claim is a valid one and is accepted by AAG, the order is going to be resend by AAG  to the same customer address within the next 5 working days after the claim is received. In case that some of the parts to be replaced are not available at the  AAG  warehouse at the moment of the reshipment , the reshipment of the order  is made within the next 5 working days after reception of the missing goods at the AAG  warehouse. AAG  is free to choose the parcel service company  used for the shipment of the order at his sole discretion. The customer is notified by email the company used and the tracking number for the order once the shipment is made.

 

  • Express method: This method uses the fastest service provided by the AAG Electronica selected  USA based parcel company. This service is available for deliveries all over the world . Transit  time is normally  from 3 to 5 days.  It provides tracing service and is covered by an insurance for the value of the order. In case the package is damaged or lost, or signs that the package was open and parts of  the order are missing, the customer must place the claim  to AAG Electronica at the following e-mail address  sales@aagelectronica.com within the next 72 hours after the reception of the package. Or  in case that the package is not received after 5 working days from the notification from AAG Electronica that the shipment was made. The claim must contain , AAG order number,  waybill number,  detailed description of the claim,  complete shipping address and phone number of the customer that is presenting the claim.  In case the claim is a valid one and is accepted by AAG Electronica, the order is going to be resend by AAG Electronica to the same customer address within the next 5 working days after the claim is received . In case that some of the parts to be replaced are not available at the  AAG Electronica warehouse at the moment of the reshipment , the reshipment of the order  is made within the next 5 working days after reception of the missing goods at the AAG Electronica warehouse. AAG Electronica is free to choose the parcel service company  used for the shipment of the order at his sole discretion. The customer is notified by email the company used and the tracking number for the order once the shipment is made.  For deliveries to countries other than USA, the import taxes and import fees are only  responsibility of the customer and must be covered by the customer. AAG Electronica is not liable for import restrictions, taxes or cost involved with the reception of the order.

7. All sales are FINAL.  AAG Electronica only accept order cancelations and payment refund to YOU  if  the order is not shipped or if AAG Electronica  and AAG can't supply the requested goods before  30 days of from the time the payment was received. 

8. Title; License. Title to products sold passes from AAG to Customer on shipment from AAG facility. Title to software will remain with the applicable licensor(s).

9. Warranties. AAG MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION. ANY SUCH WARRANTIES WILL BE EFFECTIVE AND AAG WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON AAG' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

  1. AAG WARRANTS THAT STANDARD ITEMS DELIVERED HEREUNDER WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND WILL CONFORM TO THE ELECTRICAL DATA SPECIFICATIONS LISTED ON AAG' DATA SHEETS OR CATALOGS FOR SUCH ITEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF SHIPMENT.
  2. AAG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AAG' RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR, REPLACEMENT OR CREDIT, AT THE SOLE DISCRETION OF AAG.
  3. AAG reserves the right to modify its warranty at any time, at its sole discretion. All software is provided subject to the license agreement that is part of the package, which is incorporated by reference herein. Customer agrees that they will be bound by the license agreement once the package is opened, its seal broken or software installed. AAG DOES NOT WARRANT ANY SOFTWARE UNDER THIS AGREEMENT. WARRANTIES, IF ANY, FOR THE SOFTWARE ARE CONTAINED IN THE LICENSE AGREEMENT THAT GOVERNS ITS PURCHASE AND USE.

10. Return Policies. AAG products may be returned by Customer in accordance with AAG  Return Policy in effect on the date of the invoice.

11. Products. AAG policy is one of ongoing product update and revision. AAG may revise and discontinue products at any time. Nothing in this agreement obligates AAG to continue to manufacture or sell a particular product.

12. Limitation of Liability. AAG DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. AAG WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

NONE OF THE PRODUCTS SOLD BY AAG ARE INTENDED OR DESIGNED TO BE USED ON SYSTEMS TO SUPPORT OR SUSTAIN LIFE OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. FOR THIS REASON NON OF THE PRODUCTS OFFERED BY AAG ARE AUTHORIZED TO BE USED ON SITUATIONS WHERE THE USE OF THE PRODUCT COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. THE USE OF ANY THE AAG PRODUCTS UNDER THIS CIRCUMSTANCES IS UNDER SOLE CUSTOMER  LIABILITY.

AAG MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE USE OF ITS PRODUCTS WILL NOT INFRINGE ITS INTELLECTUAL PROPERTY RIGHTS OR THE RIGHTS OF THIRD PARTIES WITH RESPECT TO ANY PARTICULAR USE OF APPLICATION AND SPECIFICALLY DISCLAIMS ALL LIABILITY ARISING OUT OF ANY SUCH USE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL DAMAGES.

10. INDEMNITY. WHEN ANY AAG PRODUCT IS USED WITH ANY CUSTOMER PRODUCT, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS AAG, ITS SUCCESSORS AND PARENTS, SUBSIDIARIES AND AFFILIATES AND THEIR EMPLOYEES, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY LOSS, DAMAGE, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THE PRODUCT PROVIDED BY CUSTOMER OR CUSTOMER'S (OR ANY OF ITS AGENTS OR EMPLOYEES) ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT, INCLUDING CLAIMS BASED ON DIRECT INFRINGEMENT OF THE AAG PRODUCT ON THE INTELLECTUAL PROPERTY OF ANOTHER PARTY.

13. Service and Support. AAG is under no obligation to provide support for products.

14. General; Headings. This Agreement, including these terms and conditions and all attachments incorporated by reference herein, constitute the complete and exclusive statement of the terms and conditions of the agreement between AAG and Customer and supersedes all prior representations, agreements, or communications, either oral or written, between the parties with respect to this subject matter. No modifications or changes of this agreement shall be binding on AAG, nor any claim or right arising out of breach of this contract be discharged, unless made in writing and signed by AAG. No field representative of AAG has authority to sign such writing.

  1. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
  2. In the event one or more of the provisions contained herein shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.