Terms and Conditions of Use, Sales and Service

These Terms of Use, Sales and Service are hereby effective on Jan 10, 2016 and will apply to the website that you are visiting, www.telecraneusa.com (the “Website”), which is owned by Telecrane USA or its parent company.
Telecrane USA is not a subsidiary of or affiliated with the manufacturer of Telecrane Products, Lee’s High Tech Enterprises.  

Introduction

PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE OR PLACE AN ORDER FOR PRODUCTS FROM OUR WEBSITE OR WHEN YOU CONTACT US BY PHONE, OR EMAIL TO PLACE AN ORDER YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.

Interpretation

In this Terms of Use, Sales and Service (also referred to as “Contract” or “Agreement”), “we” or “Seller” means Telecrane USA (and “us” and “our” will be construed accordingly); and “you” or “buyer” means the visitor of website or our customer or potential customer for products (and “your” will be construed accordingly).

Illegal or Abusive Usage is Strictly Prohibited

You must not abuse, harass, threaten, impersonate or intimidate other users of our Website.  You may not use the Company’s Website for any illegal or unauthorized purpose.  International users agree to comply with all local laws regarding online conduct and acceptable content.  Should you be found to have engaged in illegal or abusive usage of our Website, Company will suspend your account or usage as applicable.

Electronic Communication

When you visit our Website or send us emails, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.

Trademarks

Telecrane USA or www.telecraneusa.com and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company.  All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

Your Online Account

If you use Company website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Order Processing

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and Company unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
•    If using online shopping cart when available, you must add any products you wish to purchase to your shopping cart, and then proceed to the checkout.
•    If you are a new customer and would like to place an order online, you must create an account with us and log in; if you are an existing customer, you must enter your login credentials.
•    Once you are logged in, you must confirm your order and your consent to these terms of sale.
•    You will be transferred to the Pay website, and they will handle your payment;
•    We will then send you an initial acknowledgment.
•    Whether you place an order online or by phone or email, once your payment is approved and we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time and without prior notice, and we do not guarantee that the version you have agreed to will remain accessible.

The Products

Telecrane USA promotes Sales and distributes Radio Remote Controllers, Accessories and Spare Parts made in Taiwan ROC by Lee’s High Tech Enterprise Ltd. Buyer understands that, Seller is not the manufacturer of the Products offered or purchased and in purchasing the products, buyer is relying on the manufacturer’s specifications stated.

Radio Remote Controllers are manufactured to conform FCC Rules and guidelines.
According to these rules operation is subject to the following two conditions:
1.    This device may not cause harmful interference, and
2.    This device must accept any interference received, including interference that may cause undesired operation.
Each Radio Remote Controller is identified by its FCC Identifier, and its use by the buyer is license free in Northern America.
ANY ALTERATION, CHANGES OR MODIFICATION OF THE PRODUCTS BY THE BUYER MAY VOID THE USER AUTHORITY TO OPERATE THE EQUIPMENT.  
 
Telecrane Radio Remote Controllers use industry standard wireless technology and are strictly tested by the Original Equipment Manufacturer before delivery. However, this equipment must not be used in dangerous situations, in severe interference conditions, in applications where damage, injury or loss of life may result, or when the type of application requires the use of intrinsically safe radio remote controllers. USE OF THE PRODUCT IS COMPLETELY AT BUYER SOLE RISK.

ICS-CERT Advisory: F25 Series transmitters my be vulnerable to authentication bypass by capture-replay. Codes transmitted by F25 transmitters are reproducible by sniffing and retransmission. For more details please contact Telecrane USA.

Price payment and Taxes

If prices for products are not quoted on our website, you can contact us by phone or email to obtain a price quote. The website contains a number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the product(s) and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Prices on the website or communicated via email or phone exclude all sales and other taxes (where applicable). Buyer shall be responsible for the payment of any and all Federal, state and local sales, use, and excise taxes and all other taxes and charges assessed in connection with the sales contract.

Payment for all products must be made by following the instructions on the website or official Company Price Quote. Prices for products are subject to change at any time, but changes will not affect contracts which have come into force.

Delivery Policy

We will arrange for the products to be delivered to the address for delivery indicated in your order. All delivery dates are approximate.
We will use reasonable efforts to ship products within 2 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 7 days after receipt of payment.

Risk and Ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, you will store the products separately from other goods, will ensure that the products are clearly identifiable as belonging to us, and you will ensure that they are properly stored in a safe, dry and clean environment.
We will be entitled to recover payment for the products even where ownership has not passed to you.

Limited Warranty

a)    Seller warrants that at the time of shipment the products supplied by Seller and sold hereunder will be free from defects in material and workmanship, under normal use for a period of one year after the date of shipment, and will conform to Original Equipment Manufacturer’s applicable specifications, for use in United States of America in accordance with FCC Rules (where applicable). Please see also Manufacturer’s warranty published in our website for detailed scope of warranty (consumable parts, wear and tear of the parts are not covered by Manufacturer’s warranty).
b)    If any defect within this warranty appears, Buyer shall notify Seller immediately.  Seller agrees, at its sole election, to repair, replace, or issue a credit in the amount of the unit contract price for any goods or service which within one year from the date of shipment or performance by Seller shall, upon test and examination by Seller, prove defective within the above warranty.  Any repair or replacement shall not extend the warranty period.  No goods will be accepted for return or replacement without the written authorization of Seller with a designated Return Merchandize Authorization Number (RMA).  Upon such authorization, and in accordance with instructions by Seller, the goods will be returned shipping charges prepaid by Buyer per industry standard unless otherwise authorized.
c)    The warranty does not extend to any goods supplied by Seller which has been subjected to misuse, neglect, accident, improper installation, unauthorized repair, or alteration.
d)    THIS WARRANTY IS EXTENDED TO BUYER ONLY AND IS NOT TRANSFERABLE TO SUBSEQUENT PURCHASERS OR USERS OF GOODS.  THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR OTHERWISE.  IN NO EVENT SHALL SELLER'S TOTAL LIABILITY TO BUYER EXCEED THE PURCHASE PRICE OF THE GOODS OR SERVICE. The remedies of Buyer shall be limited to those provided herein to the exclusion of any and all other remedies including, without limitation, incidental, special, indirect or consequential damages.  No agreement varying or extending the foregoing warranty, remedies or this limitation will be binding upon Seller unless in writing, signed by a duly authorized officer of Seller.

Disclaimer of Warranties and Limitation of Seller’s Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
In addition to above, buyer is not entitled to, and in no event shall seller be liable to buyer (or to any of its affiliated parties) for incidental or consequential damages of any nature, including, without being limited to, loss of profit, income or business, loss of use, promotional or manufacturing expenses, overhead, injury to reputation or loss of customers arising out of a failure by seller to deliver goods or services or resulting from the use, misuse, fault, failure or malfunction,  or inability to use the goods or services.
Subject to this:
a)    our liability in connection with any product purchased from Company is strictly limited to the purchase price of the relevant product;
b)    In no event buyer’s recovery or claim shall exceed the purchase price of the specific goods or services as to which a claim is made irrespective of the nature of the buyer’s claim, whether for breach of contract, breach of Warranty, negligence, strict liability, misrepresentation and other torts.
c)    Seller will not be liable for any losses arising out of a force majeure event.

Returns, Refunds and Replacements

Products may only be returned to us with our prior agreement using designated RMA (Return Merchandize Authorization) procedures, at buyer’s expense, and according to seller’s directions and conditions.
RMA for refunding purposes will only be issued for un-used and unaltered merchandize, and only during the first 48 hours after delivery to buyer.
After a product is being returned under a RMA procedure for refund, the Seller reserves its rights to void the Returned Merchandize Authorization if the product is found to be used or in any way altered from its un-used and new condition.
If the product is installed on any equipment even for testing purposes it will not be refundable.
Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.
Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do conform with the warranties, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products.

Maintenance and Repairs

Products that require repair or maintenance must be returned to us for required services in secure packages. For returning the product for repair a "Maintenance Request Form" should be completed. Upon successful submission of this form a "RMA" number will be assigned and return instructions will be sent to buyer. Buyer should ship the product by prepaid shipment (shipment cost paid) as per instructions. After successful completion of repairs and for billable maintenance services an invoice will be issued and buyer will be notified. The product will be returned to buyer when the full amount of the invoice is paid prior to shipment. All maintenance labor includes 30 days labor warranty (buyer will not be charged for labor in unlikely situation when the exact same problem occurs again during first 30 days of maintenance service). Replacement parts are not included in this warranty and they will not extend the warranty period of the device.

Buyer’s Warranties

Buyer warrant to us that:
a)    you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
b)    the information provided in your order is accurate and complete; and
c)    you will be able to accept delivery of the products.

Your Indemnity

You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

Force Majeure

In this contract, “force majeure event” means:
•    any event which is beyond our reasonable control;
•    the unavailability of raw materials, components or products; and/or
•    power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.

Contract Cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if:
(a) you fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;
(b) you cease to trade;
(c) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(d) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(e) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(f) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

Consequences of Cancellation

Upon the cancellation of a contract in accordance with Section above:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [Risk and Ownership, Limited Warranty,  Return and Refunds, Buyers Warranties, Buyers Indemnity, Force Majeure, Disclaimer of Warranty and Limitation of Seller’s Liability  and Consequences of Cancelation] will survive termination and have effect indefinitely.

Scope of Terms

The terms of this agreement do not constitute or contain any assignment or license of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

General Terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy use of our website will be subject to our website terms of use.
Terms of this agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of the terms of this agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under the terms of this agreement. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time.
Each contract under the terms of this agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
The terms of this agreement contain the entire contract and understanding of the parties in relation to the purchase of products from us, and supersede all previous agreements and understandings between the parties in relation to the purchase of products; and each party acknowledges that no representations not expressly contained in the terms of this agreement have been made by or on behalf of the other party in relation to the purchase of products.

Governing Law and Venue

Buyer agrees that:
1-    Terms and Conditions of Use Sales and Service shall be governed by, construed, interpreted and enforced in all respects as to both substantive and procedural matters, including validity, interpretation, and effect, by the laws of the State of California, without reference to principles governing choice or conflicts of law.
2-    Any claim or dispute arising out of or relating to this agreement, or the breach hereof, shall be settled only in courts or arbitration chambers located in Los Angeles CA.

Limitation of Actions

No action, regardless of form, arising out of this contract may be brought by either party more than one year after the cause of action arose, or in the case of non payment, not more than two years from the date of last payment.