These terms and conditions govern the sale of Products and provisions of services by AMT Acoustic (Seller) (Changzhou AMT Co. Ltd.) and its affiliates as well as by third party vendors and/or service providers of Seller. These terms and conditions take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
 

1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Seller may in its sole discretion allocate Product among its Customers. No order, whether or not submitted in response to a quotation by the Supplier, shall be binding upon the Supplier until accepted in writing by the Supplier. Orders accepted by the Seller may be cancelled or rescheduled by the Buyer only with the written consent of the Seller and upon payment of the Seller’s cancellation or rescheduling charges.

 

2. Prices: The prices of the Products are those prices quoted by the Seller to the Buyer and specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

 

3. Quotations: Prices, specifications and dates for delivery referenced in the Seller’s quotations are for information purposes only and shall not be binding on the Seller until all technical requirements have been agreed and the Seller has accepted the Buyer’s order. Quotations terminate if not accepted by the Buyer within 30 calendar days from the Buyer’s receipt of the quotation in question.

 

4. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

 

5. Delivery and Title: All deliveries will be made “EXWORKS” (EXWORKS Incoterm 2010) place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

 

6. Payment: Payment may be made by wire transfer (all fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.

 

7. Rescheduling and Cancellation: Buyer may, upon written notice given at least thirty (30) days prior to the requested shipping date to the order, and with a written consent of the Seller cancel or reschedule a Buyer’s order. Past due rescheduling or cancelling orders accepted by the Seller may be cancelled or rescheduled by the Buyer only with the written consent of the Seller and upon payment of the Seller’s cancellation or rescheduling charges.

 

8. Returns, Refunds and Exchanges: Returns: Only products originally shipped from an authorized supplier (dropship) will be considered for return. By a Buyer requesting return of products to AMT Acoustic the Buyer certifies that the products were purchased from AMT Acoustic. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a sales representative via a Return Material Authorization (RMA).

 
Exchanges: Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item.
 
Return Freight / Restocking Fee: AMT Acoustic reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Buyer refund.
 
Refunds: Upon receipt and inspection of returned item(s), AMT Acoustic will advise of the refund status. In the case of factory warranty or failure analysis, AMT Acoustic will issue any applicable credit pending manufacturer confirmation of failure. AMT Acoustic initiates credits via the original method of payment within 48 hours of approval.
 
How to Return an Item:

1. Contact an AMT Acoustic sales representative within 30 days of ship date of item(s) by e-mailing sales@amtacoustic.com.
2. AMT Acoustic will issue a Return Material Authorization (RMA) number. Once the RMA number is received, item must be returned within 14 days. AMT Acoustic will provide the Buyer with specific instructions on where to mail / return item(s) with the RMA number. In most cases returned items will be shipped to the AMT Acoustic warehouse located at: Changzhou AMT Co.Ltd.; 7 LanXiang Road; Wujin; Changzhou 213145; China.
3. Include the signed RMA in the return package stating the reason for the return and the original receipt.

 

9. Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by  the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Production (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.

Save as expressly provided in these Terms and Conditions, all implied warranties, Terms and Conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. In particular, Seller makes no warranty respecting for any particular purpose, non-infringement of third-party rights and warranties against latent defects.