Terms and Conditions
Xiertek USA® (xiertekusa.com) Terms and Conditions:
Xiertek USA Incorporated® and xiertekusa.com® are registered trademarks, trademarks or service marks of xiertekusa.com All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of xiertekusa.com. All other trademarks or service marks are property of their respective owners. The use of any xiertekusa.com trademark or service mark without xiertekusa.com's express written consent is strictly prohibited.
2. REGISTRATION, CUSTOMER ACCOUNTS, USE OF SITE. Certain services offered on or through the Site require that you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify xiertekusa.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by xiertekusa.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
3. CONSENT TO COLLECT, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION. As more fully described in our Privacy Notice, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Notice and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Notice. Our Privacy Notice's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Notice prior to making any initial or subsequent purchases.
While xiertekusa.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL xiertekusa.com OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER xiertekusa.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. CONSENT TO CONTACT YOU BY E-MAIL. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for xiertekusa.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at firstname.lastname@example.org
5. CONDITIONS OF SALE AND PAYMENT TERMS. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
Order Acceptance: All orders are subject to final approval and acceptance by Xiertek USA, Inc. All orders remain the property of Xiertek USA, Inc. unless the customer pays the items in full.
Sales Tax: California law requires sales tax to be charged on all orders sent within the State of California. Resellers must submit a legible copy of their reseller’s certificate issued from the State of California to be exempt from sales tax charges.
Payment: We accept all major credit cards with signed CCA (Credit Card Authorization) Form, Wire Transfer, Money Orders, Cashier’s checks, and Cash.
Credit Line: Upon approval of New Account Setup form, Xiertek USA, INC. at its sole discretion will assign Applicant a maximum credit line and shall have the right to increase, decrease, or terminate Applicants credit privileges at any time without prior notice, except as otherwise provided by law.
Payment: Payment of the purchase price for goods and/or services acquired from Xiertek USA, INC. shall be made pursuant to the terms set forth on each invoice, and Purchaser agrees to pay all charges according to the payment terms established in said invoice. The entire outstanding balance due on all invoices shall become due to Xiertek USA, INC. in full immediately upon default in the payment of any invoice. All terms referring to lapse of time when set forth on Xiertek USA, INC. invoices shall be measured from the invoice date and not from the date of receipt of goods.
Returned Checks: All returned checks will be charged with a $30 bank fee per each check returned and must be paid in full immediately.
Credit Cards: You must file a Credit Card Authorization Form with Xiertek USA, INC. prior to using this payment method. (Please contact Xiertek USA, INC. Accounting Office for a copy of the Credit Card Authorization Form, see page 6.)
Check by Fax: Paper drafts are established as a legal method of payment as provided in the Uniform Commercial Code. Should you accept this method of payment, Xiertek USA, INC. will deposit check immediately. (Please contact Xiertek USA, INC. Accounting Department for more information.)
Offset: Purchaser agrees upon receipt of product that the corresponding invoice is fully earned, due and payable and will be paid in full without any offset, counter claim or deduction.
Service Charge: Purchaser agrees to pay a service charge in the amount of 1.5% per month on any payment past due, pursuant to the terms set forth on each invoice until collected.
Collection Expense: Purchaser shall pay to Xiertek USA, INC. all costs and expenses incurred by Xiertek USA, INC. in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereunder including, without limitation, reasonable attorney’s fees and the fees of any collection agency and court costs.
Supplier’s Terms Control: In the event of any conflict between these Terms and any of Purchaser’s Purchase Order, these Terms shall control and prevail over any contrary terms in the Purchase Order. Xiertek USA, INC. gives notice of its objection to any additional or different conditions in Purchaser’s orders.
Force Majeure: Xiertek USA, INC. shall arrange reasonable prompt shipment of products, F.O.B. the point or points of delivery designated by Supplier, pursuant to the terms hereof, provided, however, that Supplier shall not be responsible for delays in delivery due to fire, flood, tornado, earthquake, war, riot, insurrection, strike, lockout, slowdown, epidemic, quarantine restriction, delay in transportation, car shortage, labor shortage, materials shortage, manufacturing facility shortage, accident at Supplier’s warehouse, boycott, embargo or any act or regulation of government or governmental authority, force majeure and other contingencies beyond Supplier’s control resulting in impossibility of performance of Supplier’s duties and obligations hereunder.
Risk of Loss: Identification of the goods to the contract, risk of loss, damage to and entitle to products shall pass upon delivery thereof to Purchaser’s carrier, F.O.B. Supplier’s warehouse or other point or points of delivery designated by Supplier as provided in these Terms. Upon receipt of shipment, it shall be the responsibility of Purchaser or the consignee receiving shipment to immediately inspect the products and check materials and secure written acknowledgement from delivering carrier for any shortages, loss or damage. Notification of such shortages, loss or damage must be made in writing to Xiertek USA, INC. within two business days. Concealed shortages must also be reported within two business days and original shipping carton must be kept intact.
Disclaimer of Warranties: The Manufacturer’s warranty passed on through by Supplier and Purchaser hereunder, if any, shall be exclusive unless otherwise noted by Xiertek USA, INC. No other warranty, express or implied, including, without limitation, any implied warranty or merchantability or fitness for a particular purpose exists. It is Applicant’s responsibility to review respective Manufacturer’s warranty policy.
Limitation of Liability: Purchaser’s sole and exclusive remedy relating to this agreement and/or products shall be the remedy, if any, afforded by the Manufacturer or such products to Purchaser and/or Purchaser’s customers as provided by, and within the time period specified therein, no other remedy shall be available to Purchaser or Purchaser’s customers.
Governing Law and Forum: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of California, United States of America without regard to conflicts of laws. Any and all disputes hereunder shall be decided exclusively by litigation, in state or federal courts located in Los Angeles County, San Bernardino County and the city of Diamond Bar, California.
Return of Defective Goods: Xiertek USA, INC. Proprietary Products: All requests for return must have an approved Return Merchandise Authorization (RMA) number available through the RMA Department. Xiertek USA, INC. approved returns will be handled via exchange for equal product. Unapproved returns become property of Xiertek USA, INC. and will not be returned. Xiertek USA, INC. reserves the right to make substitutions for similar product. No credits or refunds will be given. Discontinued products are sold “As Is” with no warranty and are under no circumstances returnable. Faceplates and snap-on covers carry no warranty. Car kits, SD cards, Data and Music kits, cables installed equipment and software must be returned to the Manufacturer for repairs or replacement. OEM or Branded Products: All requests for return must have an approved Return Authorization Number. Returned goods are then sent to the appropriate Manufacturer for evaluation. If product is found defective, new product is exchanged. If product is found not defective or outside the warranty period, no credit will be given and the parts will be returned to the Applicant and the Applicant must be responsible for all return shipping and handling charges.
Return Merchandise Authorization Procedures:
• You must request and receive an RMA number within 14 days of invoice date for non-defective items.
• Only accept RMA with RMA Request Form by Fax at 909-627-0778 or apply your RMA online at http://www.xiertekusa.com RMA shipment must be postmarked no later than 5 business days from RMA issuance date.
• Any unauthorized returns will be denied credit, and are subject to be destroyed, rejected or return to shipper at the shipper’s expense.
• Shipping cost incurred on returns to Xiertek USA, Inc. is the sole responsibility of the shipper.
• Qualified non-defective returns “RMA” products will be subject to 25% restocking fee without exception.
• Original invoice must be included with the items being returned. Reason for return must be specified in order to determine the handling and proper processing of your return. Credit due to customer for returned items will be credited to the customer’s account unless a request for a refund is made. Items exchanged will not be made and customer need to reorder as needed. Any credit balance due to the customer from subsequent returns will be applied as payment to that order.
• Any credit balance due will be refunded in the same form of payment originally used upon customer’s request. Our return center will process your return for items no later than ten (10) days from us receiving your return. Returns on discontinued models or for items sold at $1.00 dollar or less are non-returnable.
• Limited Warranty does not include products bought for less than one ($1.00) dollar. Limited Warranty covers defects in workmanship only and does not cover physical abuse or normal wear and tear. Xiertek USA, INC.’s liability is limited to the replacement of the defective product only. Furthermore, the customer agrees and understands that Xiertek USA, INC. is not liable and will not cover any other types of damages or “Claims” that may have arisen as a direct or subsequent result of product use to other personal property of any kind. By submitting your order, customer agrees to hold Xiertek USA, INC. harmless of any other claims for damages arising as a result of products purchase or use.
• Products discontinued from our website are non-refundable.
• Ship to Address: RMA#_________________
Xiertek USA, Inc.
13617 12TH St Unit A
Chino, CA 91710
Refused Shipment: All claims of incorrect shipment must be made no later than fourteen (14) days from the invoice date. In transit, damage claims are to be made to delivery carrier at the time of delivery prior to accepting delivery of shipment for proper in-transit damage claim to be filed with the shipping carrier. If the purchaser refuses to accept shipment for any reason other than those stated above, Xiertek USA, Inc. is entitled to a twenty five (25%) percent restocking fee of the total dollar amount of shipment invoice plus any shipping charges incurred by Xiertek USA, Inc. as noted on the shipment invoice.
Return of New Product: Returns will only be accepted in the case of an incorrect shipment by Xiertek USA, INC. We will not authorize the return of new product or over-stocked items. If, however, Xiertek USA, INC., in its sole and exclusive discretion, decides to accept such a return, a restocking fee of 25% will be charged. Refused shipments will be charged a 25% restocking fee plus all shipping costs that were incurred by Xiertek USA, INC.. No refunds will be given under any condition and circumstances. All returned products must be in its original new, unused, unopened and factory sealed conditions, NO EXCEPTIONS.
Shipping: Shipments will be made via UPS Ground or FedEx otherwise stipulated by the Purchaser. Freight costs, including insurance and COD charges, will be added to the invoice. Shipments are F.O.B. from Xiertek USA, INC. warehouse. Concealed shortages must be reported with 2 business days of receiving the merchandise. It is the responsibility of the Purchaser to inspect all shipments upon arrival, immediately.
Product Inspection: Proper inspection of all items upon receipt is the sole responsibility of the customer or any other one acting as his agent, employee, or any other person receiving the shipment on the customer’s behalf. Any claims of damage, error, or missing products must be reported immediately to Xiertek USA, Inc. Claims made no later than fourteen (14 days) calendar days from the invoice date or (5) business days from delivery date as recorded by the carrier used for the shipment will not be honored regardless of reason error or fault of either parties.
Ground: Standard delivery for most items is about 3-7 business days (depending on location and weather condition).
Three Day Select: Non-guaranteed scheduled delivery is the third business day.
Second Day Air: Non-guaranteed scheduled delivery is the second business day.
Next Day: Guaranteed scheduled delivery is the next business day.
Air Shipment Notes: All 2nd day and Next Day Air orders must be placed before 12:00PM PST:
otherwise, it will be shipped the next business day. Minimum order: $50.00 required minimum to check out.
OEM | ODM BRANDS SHIPPING NOTES: All OEM | ODM brands are subjected to ship within 48 hours after the order has been processed based upon availability (in stock) only.
Other Shipping Details: Please contact our shipping department for other options (upon approval only) Xiertek USA, Inc. will make every effort to ship the merchandise as soon as possible. Although most orders are shipped the same day placed, we do not guarantee same day shipping and will assume no responsibility for orders not shipped out on the date it was ordered. Orders will ship UPS for the most part, unless shipping department decides otherwise. Packages left at the destination location due to no one being available to receive them are subsequently lost or damaged, are deemed delivered and are then borne by the customer if a “Signature Required Request” was not made at the time of shipping. (I.E. lost packages from the carrier leaving them outside of your location, because no one is available to accept, are the customer’s responsibility.)
Images | Photos | Videos: The use of any images, photos and videos, in part or in whole and in any type of format is PROHIBITED. Applicant do not have any right to use products, services and advertising images, photos and videos in any type of format posted neither by Xiertek USA, INC. or Manufacturers without the written consent of Xiertek USA, INC. and Manufacturers, NO EXCEPTIONS.
General: (1) No modification hereof shall be binding upon either party unless the modification is in writing and signed by a duly authorized representative of both parties. The failure of Xiertek USA, INC. to insist, in any one or more instances upon performance hereunder, or to exercise any right, hereunder, is not a waiver of the future performance of any term, covenant or condition or the future exercise of such right. (2) If any provision of this Agreement is unenforceable, such unenforceability shall not affect the remainder of this Agreement unless a failure of consideration would thereby result.
(3) The terms and conditions of this contract and of any sales and payments made pursuant hereto are performable in Diamond Bar, California.
** Please note that by having submitted your purchase order you agree to be bound by the terms & conditions stated above and agree to be bound by the same.
Non- Franchisee Disclosure & Agreement: By signing and agreeing to Xiertek USA, INC. terms and conditions, you are stating that you are not affiliated with any other business entity and/or franchise group.
6. MIS-PRICED OR TYPOS TO PRODUCTS OR SERVICES. xiertekusa.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. xiertekusa.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, xiertekusa.com shall immediately issue a credit to your credit card account in the amount of the charge.
7. UPDATE AND CHANGES TO PRICES OR BILLING TERMS. xiertekusa.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
8. PRICE COMPARISONS, "Xiertek USA DIRECT PRICE", "LIST PRICE", "SRP", AND "% OFF". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing, namely Xiertek USA Direct Price. "LIST PRICE" or “SRP” is the suggested retail price provided to us by our suppliers or Xiertek USA factories. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "% OFF" reflects the difference between our price, LUXMO Direct Price and the suppliers or LUXMO factories provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
9. POST SALE SUPPORTS AND SERVICES. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
11. DISCLAIMERS OF WARRANTIES. ALL OF xiertekusa.com's PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, xiertekusa.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE xiertekusa.com SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.