TECHSHIP IS A GLOBAL SUPPLIER OF WIRELESS COMPONENTS
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Shipping of products on stock is normally 1-2 days after order date. Shipping of products out of stock is normally 3-5 weeks after order date depending on timing of incoming goods and manufacturer production capacity. Delivery time to customer depends on requested transportation method and destination. Delivery information should only bee seen as estimates and is not guaranteed by Techship in any case.
According to specified shipment terms of the order.
1. FCA our warehouse, Gothenburg, Sweden, in accordance with Incoterms 2010. Title to and risk of loss and damage to products shall pass to Customer in accordance with these delivery terms. For avoidance of doubt any duties and export or import fees are to be paid by Customer if goods are shipped outside Sweden.
2. CPT, Carriage paid to destination, in accordance with Incoterms 2010. Title to and risk of loss and damage to products shall pass to Customer in accordance with these delivery terms. For avoidance of doubt any duties and export or import fees are to be paid by Customer if goods are shipped outside Sweden.
According to quote, however this can be changed at any time according to Techship’s credit policy on Techship’s sole discretion. When paying with credit card an additional fee of 3.5% will be charged and your payment will be processed by our payment partner Bambora when the order is submitted. When paying using PayPal an additional fee of 5% will be charged and you will be redirected to PayPal when the order is submitted.
Techship will provide basic product documentation, available at the customer web portal.
No customizations are included in this order.
Techship refers to Manufacturer’s list of Global Certifications and Approvals of the products sold, which will be provided to Customer upon request. Customer is solely responsible that the products, as well as the end product or system that the product will be installed in, have all necessary regulatory and legal approvals or certificates to be sold in a specific country. For avoidance of doubt, Techship cannot be hold responsible for any local approvals or certificates, legal or regulatory, for neither theproducts sold nor the end product or system. Technical support to Customer for the certification process is not included in the price and might be quoted separately upon request at an hourly rate.
This order does not include any replacement of faulty units, other than warranty related.
Techship doesn’t give any product warranty other than passing on to Customer the warranty, given from Manufacturer.
Techship shall have no obligation for breach of warranty if the alleged defect or non-conformance is found to have occurred as a result of environmental or stress testing, misuse, neglect, improper installation, accident or as a result of improper repair, alteration, modification, storage, transportation or improper handling.
Notwithstanding anything to the contrary contained in these Terms and Conditions and any Contract, in no event shall either party be liable to the other party for loss of production, loss of profit, loss of use, loss of business or market share, loss of data, revenue or any other economic loss, whether direct or indirect, or for any special, indirect, incidental or consequential damages, whether or not the possibility of such damages could have been reasonably foreseen and whether as a result of breach of contract, warranty or tort.
No action, regardless of form, arising out of any alleged breach of contract or obligations under these Terms and conditions or any Contract may be brought by either party more than one (1) year after the cause of action has occurred.
Notwithstanding anything to the contrary contained in this Terms and conditions or any Contract, in no event shall either party’s liability to the other party for damages exceed an aggregate amount corresponding to the amounts paid by Customer hereunder during the 12 months immediately preceding the relevant claim.
A party suffering loss or damages shall take all reasonable measures to limit such loss or damage.
Customer is granted a non-exclusive, non-transferable, paid-up, worldwide license to use, reproduce and distribute potential Software and Product Documentation solely in connection with the sale, distribution and support of the Products integrated in Customer’s products in accordance with these Terms and conditions. For the avoidance of doubt, the Software and Documentation may not be distributed separately from the Products.
Customer shall not be entitled to add or remove any trade mark, trade name, copyright notices, warning legends or other markings to or from the Software or Documentation, without the prior written approval from Manufacturer or Techship in each specific case.
Further, Customer shall not be entitled to modify, decompile, reverse engineer, translate, adapt, arrange or error correct or make any other alteration of the Software or Documentation, or to create derivative work using the Software or Documentation.
Notwithstanding anything in these Terms and conditions and any Contract to the contrary, it is understood that neither Customer receive any title or ownership rights to the Software or Documentation, nor any other intellectual property rights.
The obligations of (Software License), shall survive indefinitely.
All disputes, differences or questions between the parties with respect to any matter arising out of or relating to these Terms and Conditions and any Contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, in Stockholm, Sweden, by three (3) arbitrators appointed in accordance with the said Rules and the proceedings shall be conducted in the English language.
All awards may if necessary be enforced by any court having jurisdiction in the same manner as a judgment in such court. The parties undertake and agree that all arbitral proceedings, shall be kept strictly confidential, and all information, documentation, materials in whatever form disclosed in the course of such arbitral proceeding shall be used solely for the purpose of those proceedings.
ANY AND ALL QUOTATIONS AND SALES OF PRODUCTS AND/OR SERVICES BY TECHSHIP, INC. TO CUSTOMER ARE SUBJECT TO THESE TERMS AND CONDITIONS (TERMS), REGARDLESS OF DIFFERENT, CONFLICTING, OR ADDITIONAL TERMS OR CONDITIONS IN ANY PURCHASE ORDER, CONFIRMATION, OR OTHER DOCUMENT OR COMMUNICATION. THESE TERMS ARE DEEMED AN OFFER AND A REJECTION OF ANY OTHER TERMS OR CONDITIONS CONTIANED IN ANY OF CUSTOMMERM’S DOCUMENTS (WHICH IF CONSTRUED TO BE AN OFFER IS HEREBY REJECTED). UNDER NO CIRCUMSTANCES SHALL TECHSHIP ACCEPT OR BE DEEMED TO ACCEPT ANY TERM OR CONDITION THAT VARIES FROM, OR IS INCONSISTENT WITH, THESE TERMS, OR IMPOSES NEW OBLIGATIONS ON TECHSHIP, UNLESS TECHSHIP EXPRESSLY ACKNOWLEDGES AND CONSENTS TO SUCH PARTICULAR TERM OR CONDITION IN A WRITING SIGNED BY TECHSHIP. TECHSHIP’S FAILURE TO OBJECT TO ANY SUCH DIFFERENT, CONFLICTING OR ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THESE TERMS. BY PLACING AN ORDER, CUSTOMER ACCEPTS THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE AND ARE EFFECTIVE UPON TECHSHIP POSTING THE UPDATED TERMS TO TECHSHIP’S WEBSITE (AVAILABLE AT HTTP://WWW.TECHSHIP.COM) CUSTOMER’S ACCEPTANCE OF THESE TERMS MAY BE MADE BY WRITTEN ACCEPTANCE OR BY RECEIPT BY CUSTOMER OF PRODUCTS AND/R SERVICES.
If there is a separate formal written agreement executed by Techship and Customer, these Terms shall supplement and bind the parties where not in conflict with that written agreement. In any conflict, that separate formal written agreement controls only if it expressly states. Where a prior agreement between the parties provides for application of subsequently agreed terms, these terms shall apply.
Order shall mean any orders for Products and/or Services placed by Customer through Customer’s account on the Techship website (Account), by telephone, by written purchase order delivered by email, fax or postal service, or by acceptance of Techship’s Quote. [Customer agrees that any communication or notice permitted or required to be made by Techship may be made through Customer’s Account.] All Orders are subject to acceptance by Techship. Upon receipt of an Order, within three (3) Business Days, Techship will notify Customer of its acceptance or rejection (together with a reasonable explanation for any such rejection) of such Order through Customer’s account. Techship reserves the right to request any additional information that it deems necessary both before and after acceptance of an Order. Customer’s Order is binding and cannot be cancelled by Customer without the written consent of Techship. Techship will not be liable for any damages due to any failure or delay in its performance as result of any events beyond its reasonable control. Seller may cancel without liability any order delayed by any such cause(s). In its sole discretion, Seller may allocate, defer, delay, or cancel the shipment of any Product which is in short supply.
Product information listed on the Website, including information related to a Product’s specifications, export/import control classifications, uses and availability, is obtained or derived from Techship’s suppliers or other sources and is subject to change without notice. The information is provided by Techship on an “AS IS” basis. Techship makes no representation that Product information on its Website is accurate, complete, current or free from error and DISCLAIMS ALL WARRANTIES AND Page 2 LIABILITIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Techship recommends that Customer validate any Product information before using or acting on information any such information. Product manufacturers may at any time, at their sole discretion and expense, make changes to the Products in form, fit or function, or decide to discontinue production and sale of any Product. Techship will use reasonable efforts to notify Customer of any changes to or discontinuation of Products. However, Techship cannot guarantee that it will receive notice from a manufacturer or that it can notify Customer of changes or discontinuation. Techship may at any time, at its sole discretion and without liability to Customer, discontinue supply of any Products or Product specification.
Techship’s product listings are subject to change without notice. Prices shown are in [the currency specified on the Website or in Techship’s Quote] and reflect the latest information available at the time. Prices charged will be those prevailing when an Order is accepted. Customer acknowledges pricing is likely to increase from time to time. Prices shown do not include any Federal, State or local taxes or any present or future sales, use, excise, value-added or similar taxes.
Customer is responsible for all taxes, customs and other duties or charges that may be levied or assed in connection with an Order. Techship charges local sales tax unless a sales tax exemption certificate on file with Techship. If, in accordance with present or future applicable laws or regulations, Techship shall be obliged to pay, or Customer obliged to deduct from any payment to Techship, any amount with respect to any taxes, customs or any other duties or charges for which Customer is responsible as stated above, Customer shall increase the payment to Techship by an amount to cover payment of those amounts by Techship or deduction by Customer. Notwithstanding the foregoing, Techship may report and remit some or all taxes, and Customer acknowledges and agrees that Techship does not assume liability therefor. Customer will pay or reimburse Techship on demand for all Taxes remitted by Techship relating to the purchase of Products.
Prepayment or according to quote or separate agreed terms. Credit terms may be available upon credic application approlval. Techship may at any time limit or cancel credit and demand cash on delivery or payment in advance if Techship has reason to suspect Customer’s financial condition or other circumstances do not warrant shipment on terms originally stated. Customer’s obligation to pay the purchase price is absolute, irrevocable, and unconditional and is not subject to reduction or setoff for any reason. Interest at the rate of 12%, or the maximum allowable by law, shall apply to balances on invoices past due and until paid. All payments due hereunder are net of all taxes, and Customer assumes liability for, will timely report and remit all taxes to the appropriate taxing authorities. With respect to Products shipped to locations where applicable law recognizes a seller’s right to take purchase money security interest in goods sold, Customer grants to Techship, a purchase money security interest in Products sold to Customer, and in the proceeds of any resale of such Products, until Customer invoices have been paid in full.
Shipment of in-stock Products is normally 1-2 days after the date the Order is received by Techship (Order Date). Shipment of out-of-stock Products is normally 3-5 weeks after the Order Date, depending on timing of incoming goods and manufacturer production capacity. Delivery time to Customer depends on requested transportation method and destination. Delivery times are estimates and are not guaranteed by Techship in any case. At the option Page 3 of Techship, Products are shipped, and title to and risk of loss and damage to Products shall pass, either (a) FCA from Techship’s office, Durham, North Carolina, USA in accordance with Incoterms 2010, or (b) FCA from Techship’s warehouse, Molndal, Sweden in accordance with Incoterms 2010 or (c) CPT, Carriage paid to destination, in accordance with Incoterms 2010. For avoidance of doubt any duties and export or import fees are to be paid by Customer. Customer shall pay all transportation charges from Techship’s shipping point to destination, with shipping charges prepaid by Techship and added to the cost paid by Customer pursuant to this Agreement, and Customer shall be responsible, at its sole expense, for making all export and import arrangements and paying all applicable customs duties and taxes. Customer shall inspect Products upon receipt at the destination and notify Techship in writing within 72 hours after delivery of any shortages or readily ascertainable damage or defective Products that Customer can show did not occur in shipment. Failure of Customer to timely notify Techship shall relieve Techship of any liability with respect to damaged or defective Products. All claims for loss or damage in transit must be made by Customer against the carrier. Any action for breach of this Agreement by Techship must be commenced by Customer within one year after Customer’s cause of action has accrued.
All returns or refunds must comply with Techship’s returns or refunds policy set forth on the Website. If Customer refuses to accept tender or delivery of any Products or return any Products awaiting Customer’s instructions for 20 days, after which Techship may deem the Products abandoned and dispose of them without crediting Customer’s account. Customer warrants that any Products returned are the original Products Techship shipped to Customer and are unaltered. All returns are subject to a restocking fee up to 50% of the value of the Products being returned.
For 30 days after delivery, Techship warrants Products assembled or customized by Techship will conform to the specifications of Customer, will be free defects caused solely by faulty assembly or customization, and that any services performed exclusively by Techship were performed in accordance with industry standards. To the extent provided by Techship’s supplier(s) (Supplier(s)), all other Products, services and the components and materials utilized in any assembled or customized Products or services are subject to Supplier’s standard warranty, which is expressly in lieu of any other warranty, express or implied, by Techship or Supplier. Customer’s exclusive remedy, if any, under these warranties is limited, at Techship's election, to: (a) refund of Customer’s purchase price, (b) repair or reperformance by Techship or Supplier(s) of any Products or Services found to be defective, or (c) replacement of any such Product. If there is no Supplier warranty, Customer takes all such Products and Services “as-is” without any warranty. Customers acknowledge that except as specifically set forth herein, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY TECHSHIP EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS OR SERVICES, THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, OR OTHERWISE. TECHSHIP ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY SUPPLIER’S PRODUCT OR SERVICE SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO TECHSHIP.
OTHER THAN THE REPLACEMENT REMEDIES PROVIDED FOR IN PARAGRAPH 8, TECHSHIP’S LIABILITY TO CUSTOMER AT ALL TIMES RELATING IN ANY WAY TO THE AGREEMENT, THE PRODUCTS SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES. IN NO EVENT Page 4 SHALL TECHSHIP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, LOST INCENTIVES OR BACK CHARGES) ARISING OUT OF OR RELATED IN ANY WAY TO THE AGREEMENT, THE PRODUCTS, OR THE SERVICES WHETHER BASED ON A STATUTORY CLAIM, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, CONTRIBUTION, INDEMNIFICATION, A THIRDPARTY CLAIM, OR ANY OTHER CLAIM OR CAUSE OF ACTION REGARDLESS OF (A) THE NEGLIGENCE OR GROSS NEGLIGENCE (SOLE OR CONCURRENT) OF TECHSHIP, AND (B) WHETHER TECHSHIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF TECHSHIP UNDER THIS AGREEMENT EXCEED THE PRICE OF THE PRODUCT OR PART THEEOF WHICH GIVES RISE TO THE CLAIM.
Techship shall not be responsible for delays in performance caused, directly or indirectly, by any act of God, accident, war, force of arms, fire, elements, riot, labor dispute, strike, sabotage, civil commotion, act of terrorism, government action, transportation interruption, inability to obtain materials or labor, Customer’s failure or delay in approving any design or other drawings or any other contingencies beyond Techship’s reasonable control.
Customer shall not be entitled to add or remove any trade mark, trade name, copyright notices, warning legends or other markings to or from Documentation, without the prior written approval from Manufacturer or Techship in each specific case.
Customer shall reimburse Techship’s expenses (including, but not limited to, court costs, interest and reasonable attorneys’ fees and expenses) in collecting any amounts owed by Customer arising out of the Agreement, including, but not limited to, expenses incurred by Techship in protecting its rights under the Agreement and/or recovering and/or repairing any rental Products.
By placing an Order and accepting invoiced Products, Customer agrees and certifies that any Products purchased from Techship will not be used in the design, development or production of items or for any use prohibited by the U.S. Export Administration Regulations or analogous provisions of laws and regulations of non-U.S. agencies or authorities. Customer will comply with any applicable U.S. and non-U.S. export or resale laws, restrictions and regulations and will not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked or designated person or entity as mentioned in contravention of any such law or regulation. Customer represents and warrants that (i) it is not on the Denied Persons, Specially Designated Nations or Debarred Persons list of the U.S. government, (ii) it is not otherwise prohibited by law from purchasing the products or services hereunder; and it complies with all applicable laws, including the labor laws and regulations and anti-bribery regulations, in the jurisdictions where Customer operates. It is solely the responsibility of the Customer to determine the requirements for, and to obtain, any license or other official authorizations that may be required to export, re-export or import Products. Techship shall have no liability or obligation to Customer with respect to the failure of a Product or Service to comply with any such standards or requirements not expressly set forth in this Agreement.
No representation is made that a product or its manufacture, distribution, sale or use is free from infringement or misappropriation of any patent, trademark, trade name, copyright, trade secret or other claimed rights of any person or entity. Customer releases Techship from and in respect of any and all claims by or through Customer, for any such alleged or actual infringement or misappropriation.
The Agreement and any extra-contractual matters that may arise in connection with the transactions shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the conflict of law principles and the United Nationals Convention on Contracts for the International Sale of Goods, shall be binding upon any and all successors and assigns of the parties hereto, and shall not be construed in whole or in part against any party solely because of the fact that the party drafted it. Any proceeding arising out of or related to this Agreement must be commenced in any court of competent jurisdiction located in New York County in the State of New York. The parties hereby submit to the exclusive jurisdiction of such court.
The Agreement may not be amended except in writing and signed by an authorized representative of Techship. Customer shall not assign the Agreement or sublease or rent Products to third parties without Techship’s prior written consent and the full release of Techship from any obligations with respect to the Products. Any provision of the Agreement that is invalid under the applicable law or court order shall not in any way invalidate or affect the remaining provisions of the Agreement. To the extent that any provision of this Agreement may be declared unenforceable, such provision shall be deemed stricken to the extent necessary and as though never part of this Agreement; otherwise, the remaining portion of such provision and every other provision hereof and this Agreement shall remain in full force and effect. [Website NDA – incorporate in T&Cs]
Personal data means all types of information that may, directly or indirectly, be associated with a living individual. This data can be collected if you are in contact with us either through meetings with Techship personnel; filing of a customer registration request at our web site; registration for email or SMS newsletters; downloading of documents at our web site; ordering of Techship products and services or; through publicly available information. Techship doesn’t purchase any registers including personal data from any external source.
Within the scope of the Company’s activities Techship can process the following personal data: name; business title; business address; user-ID; phone no; email address and addresses for other digital communication platforms such as Skype, WeChat, Whatsapp etc; various CRM information such as notes from meetings or telephone calls; and if you want to receive newsletter mailings or not (hereinafter collectively referred to as “Personal Data”) for the following purposes and legal grounds
Techship will not disclose Personal Data to third parties unless it is required to fulfil the purposes listed above. Transfer of Personal Data will only be made to such countries that offer an adequate level of data protection, as decided by the EU Commission, or if the supplier has a legally binding and enforceable instrument that guarantees the safety of the Personal Data.
When you access our web site, your web browser is technically set up to automatically transmit the following
data to our web servers, which we then capture in log files: date and time of access; URL of the referring
web site; files retrieved; data volume transmitted; browser type and version; operating system; hardware
used; IP address and domain name of your internet access provider.
You can configure your browser not to transmit this data to us, but in this case Techship cannot guarantee full web site functionality and there is a risk of poor user experience.
This automatic information transfer when browsing our web site is exclusively information which doesn’t allow you to be identified. This information is necessary for technical purposes in order to correctly deliver the content requested by you. The log data is analyzed only for statistical purposes in order to improve our web site and its functionality.
You may at any time, by contacting Techship at email firstname.lastname@example.org or telephone +46 31 7303200 get a copy of, or restrict, the processing of your Personal Data. Please note that if you request a limitation of Personal Data processing or deletion of your Personal Data, we might not be able to provide our products or services to you.
We have taken the appropriate technical and organizational measures to protect Personal Data against loss, miss-use, unauthorized access, disclosure, alteration or destruction in line with applicable laws on data protection and data security. To safeguard that Personal Data is treated in a safe and confidential way we use Transport Layer Security (TLS) encryption verified by GoDaddy.com, Inc.
Furthermore, our personnel have signed non-disclosure agreements and are obliged to follow Techship’s rules for data and IT-security and other internal rules and policies which regulate the processing of Personal Data.
Techship store Personal Data only as long as it is necessary in order to fulfil the purposes for which it was collected. Please note that Techship can be under a legal or contractual obligation to retain the Personal Data which might require us to keep the data for longer periods.
Personal Data, please contact us using the contact details below
Krokslätts Fabriker 32
SE-431 37 Mölndal
Phone: +46 31 7303200
You can configure your browser to block cookies, but in this case Techship cannot guarantee full web site functionality and there is a risk of poor user experience.
The anonymous information generated by our cookies about your use of this website (including your IP address) is used to process statistical reports on website activity for techship.com only. We use these reports to evaluate aggregate visitor usage so that we can optimize the content to better meet your needs. We will not link, or seek to link, an IP address with the identity of a computer user. In fact, we will not associate any data gathered from this site with any personally identifiable information from any source. In the process of analyzing visitor behaviour we might use tools from third party providers such as Google Analytics. In this case Google will not associate your IP address with any other data held by Google.
This is a Non-Disclosure and Confidentiality Agreement (the “Agreement”) between Techship AB (“Techship”) and you (“Company”). Company and Techship are collectively referred to herein as the “Parties” and individually may be referred to as a “Party”.
By checking the “accept” checkbox in the Techship customer registration page and submitting the form you agree to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by such terms and condition you should cancel your Techship customer registration.
Techship will, from September 1 2019, bill Section 301 tariff charges to our US customers for orders with a total value of $800 or more. The tariff charges only affect products that originate from China and range from no current charge up to 25% on our price depending on the products’ US Customs category code (HTS code). If Techship is the Importer of record (IOR), our tariff recovery fee paid to US Customs for shipments imported into the US will be charged to our customer. If import fees are to be paid by our customer, i.e the customer is the IOR, the tariff recovery fee will be charged directly from the US Customs or your freight forwarder.
Our team is working closely with our suppliers to understand impacted product identification and to give our customers information as early in the quoting process as possible.Techship will continue to monitor the USTR’s implementation of the Section 301 tariff lists, along with its impact on our supply chain, and adjust our recovery charge, if and when appropriate. If you have any questions on our invoicing process, please contact us to discuss.
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