This Agreement and the Terms & Conditions (“Terms”) is made between ARK Electronics, LLC., a corporation incorporated in Utah, whose address 5965 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 (Purchase Orders)
All orders placed by Buyer with Supplier by written purchase order 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.
Website Orders – Changes, Cancellations, and Refunds
For orders placed through the official ARK website marketplace:
- Product swaps and order changes (preferred): Email Support@arkelectron.com with the order number and the requested change. ARK will update or swap the original order when stock and order status allow. Do not place a new website order and request a refund of the original order.
- Cancellations and refunds: Any cancellation or refund of a website order, including a refund requested after a replacement order is placed, will be issued minus the payment processor transaction fees charged on the original transaction. Those fees are charged to ARK by the payment processor and are not returned when an order is refunded.
- Returns of delivered goods: Please review the website return policy found at https://arkelectron.com/return-policy/. Approved refunds of website orders are issued minus payment processor transaction fees, and may also be subject to a restocking fee as described in that 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:
Support@arkelectron.com
Address: 5965 S. 900 E. Suite 300 Murray Utah 84121