Terms & Conditions

 

TERMS AND CONDITIONS OF SALE

1. PURPOSE. These Terms and Conditions shall govern the representations and warranties related to the sale of electronic parts by ATI Accurate Technology Inc, a Florida Corporation located at 1180 8th Ave W Ste 240 Palmetto FL 34221 ("SELLER") to the person or entity purchasing the electronic parts, as defined in 48 CFR §202, from SELLER ("BUYER"). For purposes of these Terms, any person or entity purchasing parts for resale, distribution, or brokerage shall be considered a "Broker" or "Reseller," and subject to the additional terms in Section 5A.

2. RESTRICTIONS.

FEDERAL SUPPLY CHAIN. BUYER understands that SELLER is in the business of selling new OEM, refurbished, and generic new non-OEM electronic parts. Where SELLER indicates that a part is refurbished, in any way, regardless of condition, or where SELLER indicates that the part is a generic new non-OEM product (collectively "Exempt Parts"), BUYER SHALL NOT SELL, RE-SELL, REPACKAGE, INSTALL, OR OTHERWISE CAUSE SUCH EXEMPT PARTS TO ENTER INTO THE FEDERAL SUPPLY CHAIN. "Federal Supply Chain" means any parts sold, installed, used to fulfill a Government procurement contract for electronic parts, or otherwise provided to the local, state, or federal government of the United States, including the military, police, or other agencies representing Government interests. This restriction does not apply to parts explicitly identified as new OEM.

SAFETY SYSTEMS. BUYER SHALL NOT use or cause to be used any Exempt Parts in navigation systems, safety interlocks, or any systems that may affect human safety.

AEROSPACE EQUIPMENT. BUYER SHALL NOT use or cause to be used any Exempt Parts in aerospace or aviation equipment.

3. INSPECTION AND TESTS. All electronic parts are subject to counterfeit inspection and testing ("Quality Control") by SELLER. A "Counterfeit Part" is an unauthorized copy or substitute part misrepresented as meeting the original manufacturer’s specifications. If a Counterfeit Part evades SELLER's Quality Control and is discovered by BUYER, BUYER agrees to notify SELLER immediately. Any incidental sale of a Counterfeit Part is unintentional and without SELLER's knowledge.

4. EXEMPT PARTS REPRESENTATIONS AND WARRANTIES.

  • All electronic parts, including new OEM and Exempt Parts, are sold WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • Generic parts are not guaranteed to match manufacturer source or performance.
  • Exempt Parts do not meet AS5553A or AS6081 standards.
  • BUYER warrants that it shall:
  1. Not introduce Exempt Parts into the Federal Supply Chain;
  2. Not use Exempt Parts in safety systems;
  3. Not use Exempt Parts in aerospace or aviation applications.
  • If BUYER is a Broker or Reseller, BUYER represents and warrants that it shall pass on all restrictions regarding Exempt Parts to its customers and indemnify SELLER for any breach.

5. LIMITED RETURN/REFUND POLICY.

  • Parts may be returned for replacement or refund within 90 days of invoice or receipt.
  • Returns must include original manuals, cables, and accessories.
  • Returned parts must be free from physical damage or misuse.
  • Parts must not bear any added markings or stickers.

5A. BROKER & RESELLER TERMS AND CONDITIONS.

  • Non-Cancelable, Non-Returnable: Broker Orders are non-cancelable and non-returnable unless accompanied by a verifiable Third Party Test Lab failure report.
  • RMA Requirement: No returns accepted without a pre-approved RMA number issued by SELLER.
  • Test Lab Report: A valid report must specify the failed parameter as per the manufacturer's datasheet.
  • Cosmetic Condition: Cosmetic wear on surplus parts does not qualify for return if the part meets specifications and functions correctly.
  • Replacement Warranty: All Broker Orders carry a one-year replacement warranty. If a part fails in the field within one year, SELLER will provide a replacement part at no cost.

6. LIMITATION OF LIABILITY.

  • Liability Exemption: SELLER shall not be liable for losses or damages arising from the use of any electronic part, especially if Exempt Parts are used in prohibited applications.
  • Liability Restricted: Where exemption is not legally permitted, SELLER limits liability to replacement, supplying equivalent parts, or refunding the purchase price. SELLER's total liability is capped at the amount paid by BUYER.

7. INDEMNIFICATION FOR EXEMPT PARTS. BUYER assumes all risks associated with the misuse of Exempt Parts. BUYER agrees to indemnify SELLER, its officers, employees, and agents from any claims, suits, or losses (governmental or otherwise) resulting from:

  • Implementation of Exempt Parts into the Federal Supply Chain;
  • Use of Exempt Parts in safety systems or aerospace equipment;
  • Resale or redistribution by Brokers, Resellers, or downstream customers.

8. GOVERNING LAW. These Terms and Conditions are governed by the laws of the State of Florida.

9. SUCCESSORS. These Terms bind and benefit the parties and their respective heirs, successors, and assigns, including downstream purchasers or users.

10. MODIFICATION BY COURT ACTION. If any clause is found invalid or unconscionable, it shall be modified and enforced as modified. Remaining provisions remain unaffected.

NOTICE: USE, INSTALLATION, OR RESALE OF ELECTRONIC PARTS PROVIDED BY SELLER CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE, RETURN THE PARTS PROMPTLY FOR A REFUND.