Terms and Conditions – Customers
Products are shipped FOB TempSen’s shipping point. Lead time for each order may vary as per order quantity and market conditions.
Prices and Payment Terms
Unless otherwise stated in a TempSen quotation, prices are stated in U.S. dollars, are subject to change without notice, and do not include taxes or duties of any kind. Subject to credit approval, payment terms are net 30 days from the date of invoice. If payment is not timely made, TempSen shall have the right to charge interest on the unpaid balance, which shall accrue from the due date at a rate, which is the lesser of 2% per month, or the maximum legal rate. Customer shall indemnify TempSen against any and all expenses of collection arising from Customer’s default. Cancellation shall be subject to TempSen’s approval, and shall entitle TempSen to damages.
TempSen warrants that all TempSen-branded hardware products against defects in materials and workmanship under normal use for a period of TWELVE (12) months from the date of shipment
TempSen shall not be liable to user or any other person for any damage, injury or loss arising out of the use of the Goods, whether by reason of any defect in the goods or in the services furnished hereunder or otherwise if, prior to such damage, injury or loss, the goods are (a) damaged, misused, improperly tested, improperly stored or improperly processed following delivery; (b) altered or modified without TempSen’s written consent. Moreover, TempSen takes no responsibility for defects of any sort which occur as a result of inexact or inaccurate information received from Customer, natural wear, excessive wear or other reasons beyond TempSen’s control.
Products that are to be repaired or replaced, to be determined at TempSen’s sole discretion, reasonably qualifying as such, shall be returned to TempSen by Customer upon TempSen’s request. If TempSen repairs a Product, it may use new or reconditioned replacement parts. If a Product is replaced, it will be replaced with one of a similar design. The repaired or replaced Product will remain under its original warranty period based on the original date of sales and the warranty period shall not recommence from the time the Products in question were put into use after the repair or replacement.
The warranty is only valid and exercisable for the original purchaser and may not be assigned without TempSen’s prior written consent. Repair or replacement (at TempSen’s sole option) is the sole remedy.
TEMPSEN DOES NOT WARRANT THAT THE PRODUCT WILL BE FIT FOR THE PURPOSE FOR WHICH Customer PURCHASED THE PRODUCT. TEMPSEN IS NOT RESPONSIBLE FOR THE QUALITY OR CONDITION OF ANY GOODS SHIPPED BY Customer OR ANY OTHER PARTY.
TEMPSEN GIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. TEMPSEN DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TempSen gives no warranty and/or is not otherwise responsible for the use or application of any software. Customer assumes full responsibility for data entry and data maintenance.
Disclaimer of Warranties
TempSen makes no warranties, express or implied, with respect to the services provided or the merchandise purchased hereunder, except such warranties as may be made by TempSen under a separate warranty agreement between TempSen and Customer. IN PARTICULAR, TEMPSEN DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Should any of the foregoing disclaimers be held invalid, in whole or in part, for any reason, TempSen’s sole liability on any claim for breach of warranty shall be, at its option, to replace or repair any allegedly defective merchandise.
Limitation of Liability
NEITHER TEMPSEN, NOR ANY COMPANY AFFILIATED WITH TEMPSEN, NOR ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR OR ASSIGN OF TEMPSEN OR ANY SUCH COMPANY (COLLECTIVELY, A “RELATED PARTY”) SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE MERCHANDISE SOLD TO CUSTOMER OR TEMPSEN’S FAILURE TO PERFORM ITS SERVICE OBLIGATIONS TO Customer, REGARDLESS OF THE FORM OF ACTION, WHETHER IT BE IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE, EVEN IF TEMPSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TempSen’s liability to Customer from any claim arising out of or in relation to services rendered or merchandise purchased shall not exceed the amount paid by Customer to TempSen with respect thereto. Damages in such amount shall be in lieu of all other remedies which Customer may have against TempSen or any related party.
Using the Site
Do not misuse the Site and the Services. Do not obtain or attempt to obtain any materials or information, or gain access to any systems or networks connected to the Site or to any TempSen server, or to any of the Services, through any means that we do not intentionally make available through the Site.
Do not use any device, software or routine to try to modify, intercept, or interfere with the Site and the Services or with any other person’s use of the Site or Services. Specifically, you must not submit, upload or transfer any unauthorized files, codes, scripts (including but not limited to viruses or Trojan Horses) or use any device, program, algorithm, methodology or process (whether automatic or manual), to access, acquire, copy or monitor any portion of the Site or Service, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site or Service that we provide to you, without our written agreement.
You cannot use content from our Site unless you obtain permission from TempSen or are otherwise permitted by law. Do not remove, obscure, or alter any trademarks or legal notices displayed on our Site. You may use TempSen product information and documentation (“Documentation”) made available by TempSen for download from the Site, provided that you (1) use the Documentation only for your personal, non-commercial use where the product is not a “Small-Medium Business or SMB” branded product. Where the product is a “Small-Medium Business or SMB” branded product, you may use the Documentation for your personal or commercial use; (2) do not modify the Documentation, and (2) do not remove any proprietary rights notices.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, documentation and computer code (collectively, “TempSen Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such TempSen Content, contained in and on the Site or as part of any Service is owned or controlled by TempSen, or licensed by or to TempSen, and is protected by trade dress, copyright, patent, and trademark laws in the China and other countries, and various other intellectual property rights.
Although TempSen has attempted to provide accurate information on the Site, to the extent permitted by law, TempSen assumes no responsibility for the accuracy of the information or for any typographical or graphical errors that may appear in this or in related documents.
TempSen may change the Services or Products mentioned on the Site at any time without notice. Mention of non-TempSen products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Updated @ November 14, 2017