WEBSITE TERMS AND CONDITIONS
This communication, together with any attachments hereto or links contained herein, is for the use of the intended recipient(s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system. Thank you, for your cooperation.
Agreement Between User and ATAS International, Inc.
The ATAS International, Inc. Web Site is comprised of various Web pages operated by ATAS International, Inc.
The ATAS International, Inc. Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ATAS International, Inc. Web Site constitutes your agreement to all such terms, conditions, and notices. Registration on the ATAS International, Inc. Web Site automatically registers you on our email list, from which you can unsubscribe at any time
ATAS International, Inc. reserves the right to change the terms, conditions, and notices under which the ATAS International, Inc. Web Site is offered, including but not limited to the charges associated with the use of the ATAS International, Inc. Web Site.
Links to Third Party Sites
The ATAS International, Inc. Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of ATAS International, Inc. and ATAS International, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ATAS International, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. ATAS International, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ATAS International, Inc. of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the ATAS International, Inc. Web Site, you warrant to ATAS International, Inc. that you will not use the ATAS International, Inc. Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ATAS International, Inc. Web Site in any manner which could damage, disable, overburden, or impair the ATAS International, Inc. Web Site or interfere with any other party’s use and enjoyment of the ATAS International, Inc. Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ATAS International, Inc. Web Sites.
Use of Communication Services
The ATAS International, Inc. Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ATAS International, Inc. has no obligation to monitor the Communication Services. However, ATAS International, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ATAS International, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ATAS International, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ATAS International, Inc.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ATAS International, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, ATAS International, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ATAS International, Inc. spokespersons, and their views do not necessarily reflect those of ATAS International, Inc..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to ATAS International, Inc. or Posted at Any ATAS International, Inc. Web Site
ATAS International, Inc. does not claim ownership of the materials you provide to ATAS International, Inc. (including feedback and suggestions) or post, upload, input or submit to any ATAS International, Inc. Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ATAS International, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ATAS International, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ATAS International, Inc.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ATAS International, Inc. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ATAS International, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ATAS International, Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ATAS International, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ATAS International, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ATAS International, Inc. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ATAS International, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : [email protected]
ATAS International, Inc. reserves the right, in its sole discretion, to terminate your access to the ATAS International, Inc. Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lehigh County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the ATAS International, Inc. Web Site. Use of the ATAS International, Inc. Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ATAS International, Inc. as a result of this agreement or use of the ATAS International, Inc. Web Site. ATAS International, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ATAS International, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ATAS International, Inc. Web Site or information provided to or gathered by ATAS International, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ATAS International, Inc. with respect to the ATAS International, Inc. Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ATAS International, Inc. with respect to the ATAS International, Inc. Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the ATAS International, Inc. Web Site are: All Material Copyright© ATAS International, Inc. Allentown, PA – Mesa, AZ and/or its suppliers.
All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
ADDITIONAL TERMS AND CONDITIONS
The following terms and conditions apply to the sale of goods and services by ATAS International, Inc. (“Seller”) to the applicant (“Buyer”) named on page 1 of the application. By signing on bottom of this document, the Buyer agrees that s/he has read and accepts ATAS’ Terms and Conditions.
- Initial orders will be shipped with payment in advance unless open terms have been established.
- Standard terms are Net 30 days from date of invoice, subject to credit approval.
- Returned checks will result in a $50.00 per check charge and all applicable discounts and allowances will be voided.
- All discounts and allowances that are part of ATAS terms will be cancelled if remittance is not made within ATAS terms.
- Accounts past agreed upon terms are subject to a service charge of 1.5% per month and/or loss of open terms going forward.
- All freight and handling charges and sales tax are excluded from discounts.
- Except for warranty claims, no other claims, charges, etc. will be accepted after 72 hours of receipt of goods.
- Buyer shall pay the gross amount of any sales, use, excise, value-added or other similar tax applicable to the price, sale or delivery of any product by ATAS, or Buyer shall furnish ATAS with a valid and appropriate resale or tax exemption certificate with the order; $100 service charge will be added if certificate is not supplied with the order.
Quotations are valid for 30 days. ATAS reserves the right to modify Quotations at any time.
The placing of orders may be on customer order forms, but all customer terms and conditions will be superseded by the terms and conditions of ATAS, unless expressly agreed to in writing.
Credit & Credit Worthiness
ATAS may withdraw or extend additional credit privileges at its sole discretion. ATAS reserves the right to demand payment prior to production if ATAS deems it necessary. If during the performance of this agreement, ATAS has reasonable doubt that ATAS will be paid for ATAS materials, ATAS has the right to stop production or delivery of these materials or terminate this agreement without liability for any losses, which that may cause.
ATAS assumes no responsibility for selection and installation of materials. No warranty is implied or expressed for installation or suitability. Oil-canning appearing during and after installation is not just cause for rejection of materials. Fabrication/installation of ATAS products shall be deemed as acceptance of material.
Shipping & Handling
ATAS reserves the right to decide on the method of shipment of materials. All shipments are ex-works ATAS plant or ATAS designated shipping plant, making the handling of carrier claims the responsibility of the consignee. Failure of Buyer to provide complete instructions and/or directions to ATAS at its office at least four (4) days prior to date of shipment will extend shipping time to next available time for ATAS to deliver after complete shipping instructions are received. Buyer acknowledges and accepts that all delivery dates provided by ATAS are good faith estimates that may be impacted by factors including, but not limited to, change order requests, vendor material shortages, and delays in freight. Furthermore, ATAS will not be responsible for any delay or failure to fabricate or deliver materials resulting directly or indirectly from fire, other casualty, acts of God, embargo, transportation stoppage, labor unrest, inability to secure materials from suppliers, or any other situation beyond ATAS’ control.
Lost, Damaged or Short Shipment
Consignee must accept all shipments, regardless of condition. Refusal of a shipment only complicates claim handling and does not relieve Buyer of their financial responsibility. If damaged or shortage, note on the delivery receipt and request the freight company to make a damaged inspection report. Use invoice covering the original shipment to support the claim with the freight company. The Buyer is responsible for both the original shipment and the replacement shipment, since the freight claim will be reimbursed to the Buyer. The copy of the Bill of Lading covering each shipment shows the number of packages picked up by the freight company and caution should be used to ensure that only those materials received are acknowledged when signing. If a shortage occurs, note on the delivery receipt and ask the freight company to trace the lost materials.
Claims & Limits of Liability
No claim of any kind shall be greater in amount than ATAS sales or agreement price with reference to the goods concerning damages claimed. Failure to give written notice of claim within 72 hours from receipt of goods shall constitute a waiver by Buyer of all claims in respect to such goods. In no event shall ATAS be liable for incidental or consequential damage. No charges of any kind, either for labor, expense or otherwise, suffered or incurred by the Buyer in replacing defective goods, or occasioned by them, will be accepted. Furthermore, if customer/Buyer’s material is not used after 1 year, the material shall be considered abandoned. ATAS is not responsible for any direct or consequential loss or damage resulting from delays or any other reason.
Returns & Back Charges
ATAS will not accept returns or back charges unless ATAS has previously authorized them in writing. All returns must have a Return Authorization Number prior to returning any material. Contact ATAS for the Return Authorization Number and to file initial claim. ATAS makes no warranties that the material meets any specific construction or installation requirements. The Customer agrees to indemnify and hold ATAS harmless from all losses, claims, injury to persons or property damages and expenses (including Attorney’s fee) arising out of the use or misuse of the material. Customer will be responsible for all legal and professional fees and expenses incurred by ATAS, regarding these Terms & Conditions.
Buyer shall pay any demurrage or storage charges incurred by ATAS as a result of Buyer’s failure to take possession of goods. ATAS will not be responsible for condition of materials delivered after being stored as a result of Buyer not taking initial delivery as scheduled.
All orders cancelled prior to the start of production will be charged 15% of the agreement price plus engineering charges and the cost of any special materials ordered or manufactured for this project. The customer will be billed for the portion of material processed or ordered including transportation, engineering, and related costs, for all orders cancelled after the start of processing.
At any time, ATAS reserves the right to change Terms and Conditions without prior notification. Typographical errors are not binding and are subject to correction
This agreement shall be construed and enforced in accordance with the laws of the State of Pennsylvania, irrespective of the location of the work performed by ATAS or the location of the site to which the goods are shipped. The parties agree that the exclusive jurisdiction and venue for any dispute that may arise out of this agreement shall be in Lehigh County, Pennsylvania.