This Agreement and the Terms & Conditions (“Terms”) is made between ARK Electronics, LLC.,
a corporation incorporated in Utah, whose address 5882 S. 900 E. Murray Utah 84121
(“Supplier” or “ARK”); and the company issuing the purchase order for the products and or
Services (hereinafter the “Buyer”). Supplier and Buyer shall be known individually as “Party” and
collectively as the “Parties”.
Pricing
All prices are in US dollars and do not include customs fees, duties, taxes, or shipping unless
specifically noted. Unless specifically noted, the Buyer shall pay these costs and fees. If you
have tax exempt status, please send a formal exemption certificate for the Buyer’s jurisdiction to
ARK Electronics, LLC at the contact email found at the end of these Terms.
ACCEPTANCE OF ORDERS
A quotation or tender addressed to Buyer from Supplier does not constitute an offer to sell, and
in no circumstances shall any contract arise unless and until the Buyer submits an order to
Supplier, and Supplier issues a written acknowledgment of the order to the Purchaser or in the
circumstance where an order is placed and accepted through the Suppliers official website
marketplace.
ORDER PLACEMENT
- All orders for Products by Buyer will: (a) be placed by submission of written
purchase order by Buyer, referring to these Terms, and will set forth Buyer’s and
ARK Electronics part numbers, description of the products to be purchased,
quantity, requested delivery dates and delivery instructions; (b) be subject to
acceptance in writing within twelve (12) days by ARK Electronics at its principal
place of business.
- These Terms will apply for each individual order accepted or shipped by ARK
Electronics. Any provisions of Buyer’s form of purchase order or other business
forms unless agreed upon in formal documentation between both parties will not
apply to any order notwithstanding ARK Electronics’ acknowledgement or
acceptance of such order.
Return Policy – Non-Cancelable, Non-Returnable
All orders placed by Buyer with Supplier shall be deemed non-cancelable and non-returnable,
unless otherwise agreed upon in writing by both parties. Any exception to this shall be sent in
writing from the “Supplier” to the “Buyer” to allow or initiate any Return of Product. For online
purchases through the official ARK website, please review the return policy found at
https://arkelectron.com/return-policy/
Delivery Terms / Ownership
Delivery shall be made in accordance with the International Commercial Terms (INCOTERMS) Ex-
Works Murray Utah 84121, unless otherwise specified in writing by Supplier. Ownership shall
transfer from Supplier to Buyer in accordance with these INCOMTERMS.
Inspection & Acceptance
Purchaser shall inspect all products delivered by ARK, and notify ARK, 1) of any shortages,
missing items, or incurred quantities within five (5) business days of receipt; and 2) dead on
arrival (DOA) products and other non-conformities within thirty (30) calendar days of product
arrival to Buyer. Failure to give such notice shall constitute unqualified acceptance of the
products and Purchaser will be liable for the total charges correctly invoiced for the products.
Limited Warranty
Supplier warrants that all products provided hereunder shall be free from defects in materials
and workmanship in alignment with a reasonable manufacturing process and quality control.
This warranty is subject to the terms, conditions, and limitations set forth in Supplier’s standard
warranty policy.
Invoices & Payment
- If ARK has granted credit approval to Buyer in writing and said terms have not been
suspended by ARK, then payment for all shipments of Products made to Buyer under the
Terms will be due within the payment terms offered to Buyer on the official quote
provided by the seller. ARK reserves the right to assess late charges for overdue invoices,
at the rate of 1.5% per month or the maximum rate permitted by applicable law, at the
rate of whichever is lower. - If ARK has not granted credit approval, standard terms for purchase require a 100%
payment at time of order to begin production. - Buyer shall make all payments to ARK in United States dollars unless agreed otherwise in
writing.
Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party from and against any
claims, damages, liabilities, costs, and expenses arising out of or related to any violation of local
laws by the indemnifying party.
General
- Compliance with laws: Both Supplier and Buyer agree to comply with all applicable local,
state, national, and international laws, regulations, ordinances, and standards pertaining
to their respective operations, including but not limited to laws related to radio
transmission, flight regulation, labor, employment, environmental protection, health and
safety, and anti-corruption. - Export Control: Supplier and Buyer agree to comply with all applicable export control
laws and regulations, including but not limited to those of the United States Department
of Commerce, Department of State, and any other relevant governmental authorities if
applicable. - Ethics & Privacy: Both Supplier and Buyer agree to conduct their business activities in
accordance with the highest ethical standards, including honesty, integrity, fairness, and
transparency. Supplier and Buyer shall adhere to all applicable laws and regulations
regarding the protection of personal data and privacy. - Consideration for Environment and Eco-Systems: Both Supplier and Buyer shall comply
with all applicable environmental laws, regulations, and standards in the jurisdictions in
which they operate. Supplier and Buyer shall strive to minimize their environmental
footprint by implementing sustainable practices, including but not limited to reducing
energy consumption, conserving water resources, and minimizing waste generation.
Contacting ARK Electronics, LLC.
If you have any questions about these terms and conditions, or ARK Electronics please contact
us at:
[email protected]
Address: 5882 S. 900 E. Suite 102 Murray Utah 84121