Standard Terms and Conditions - Sale Agreement
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery, or use of any products from SimCraft or any of its subsidiaries or affiliates (collectively, “SimCraft”). By accepting delivery of the product(s) purchased from SimCraft and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement, or amend this document or to enter an order for a product(s) that 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 you and SimCraft. These terms and conditions are subject to change without prior written notice at any time, at SimCraft’s sole discretion.
“We”, “us” and/or “our” means SimCraft.
"You” or “your” means the individual or entity named on the invoice.
- Payment Terms, Orders, and Interest. Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling, and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within SimCraft’s sole discretion, and unless otherwise agreed to in writing by SimCraft, payment must be received by SimCraft before SimCraft’s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. SimCraft may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. SimCraft is not responsible for pricing, typographical, or other errors in any offer by SimCraft and we reserve the unilateral right to cancel any orders resulting from such errors.
- Taxes. Unless you provide SimCraft with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
- Shipping, Title and Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. The estimated shipping date for all SimCraft products is within 30 days from date of purchase unless otherwise designated on your invoice or quote. SimCraft will notify you once the product is ready for shipment or of any unforeseen delays past the 30 day window.
We offer the following shipping methods:
â€˘ Standard â€“ 4 to 8 business days
â€˘ Expeditedâ€“ 3 business days
â€˘ Express â€“ 2 business days
Business days include Mondayâ€“Friday, excluding holidays.
SimCraft has partnered with FedEx, USPS, and DHL to ship packages. You'll receive a shipping confirmation e-mail that will confirm which carrier was used for your products.
SimCraft partners with FedEx and DHL to ship your freight packages. You'll receive a shipping confirmation e-mail that will confirm which carrier was used for your products.
Shipping CostsLoss or damage that occurs during shipping by a carrier selected by SimCraft is SimCraft’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify SimCraft of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.
Shipping cost is calculated on a "per pound" basis and is based on the shipping method you select (Standard, Expedited, Express).
- Return Policy. SimCraftâ€™s Conditional Refund: SimCraft may, in SimCraftâ€™s sole discretion, accept product returns under a Conditional Refund Program. Any products returned shall be subject to restocking and reconditioning charges, which must be paid by Purchaser in advance. Authorized returns shall be shipped to SimCraftÂ´s Marietta, Georgia facility delivered Duty Paid Marietta, Georgia. Purchaser shall be issued a refund only if returned product is re-sold. The amount of refund due Purchaser, if any, shall be a portion of the re-sale price as stipulated in the product return authorization documents. Nothing herein requires SimCraft to re-sell product returns and Purchaser understands that product returns may never be re-sold by SimCraft.
- Limited Product Warranty for Domestic Customers and Disclaimer of Warranties. THE LIMITED PRODUCT WARRANTY APPLICABLE TO SIMCRAFT-BRANDED PRODUCTS MAY BE VIEWED HERE: SimCraft Limited Product Warranty. THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES, OR NON-SIMCRAFT-BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WARRANTY AND SERVICE FOR NON-SIMCRAFT-BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY SIMCRAFT. SIMCRAFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN SIMCRAFT’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND SIMCRAFT WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON SIMCRAFT’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- Limited Product Warranty for International Customers and Disclaimer of Warranties. The standard warranty stated above in Section 6 applies to SimCraft-branded products shipped to a country outside of the United States, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement products, and parts and for arranging and paying for the shipment of any defective part(s) back to SimCraft. All international customers are responsible for all customs duties, VAT, and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
- LIMITATION OF LIABILITY. SIMCRAFT DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SIMCRAFT 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, SIMCRAFT IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
- Software. All software is provided subject to the license agreement that is part of the package you receive from SimCraft. You agree to be bound by the license agreement once the package is opened or its seal is broken. SimCraft does not warrant any software under this Agreement.
- Products. SimCraft continually upgrades and revises its products and service offerings. SimCraft may revise and discontinue products at any time without prior notice to customers. SimCraft will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building SimCraft products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted SimCraft SKU numbers for SimCraft-branded hardware products are of the quality specified by SimCraft on its website and conform in all material respects with the SimCraft product specification current on the date such products were shipped.
- Binding Arbitration. You and SimCraft agree that any claim, dispute, or controversy, whether in contract, tort, or otherwise, and whether preexisting, present, or future, and including statutory, common law, intentional tort, and equitable claims (“Dispute”) against SimCraft, its shareholders, directors, employees, agents, successors, assigns, or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SimCraft’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at ARB-Forum, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
- Applicable Law and Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
- Governing Law. This Agreement and any sales hereunder shall be governed by the laws of the state of Georgia, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
- Export. You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production, or use of nuclear weapons, materials, facilities, missiles, or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of SimCraft. SimCraft has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. SIMCRAFT WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH-RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS.
- Miscellaneous Provisions. You will not register or use any Internet domain name that contains a SimCraft trademark or trade name (i.e., SimCraft) in whole or in part or any other name that is confusingly similar thereto. 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 therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.