Article 1 General
1.1 These general terms & conditions, GT&C are valid for all agreements with EZtronics concerning sales, delivery and payment of Phidget and Arduino products, additional electronic components and all other related services and products.
1.2 Besides these GT&C EZtronics can wield additional Terms specific for the given transactions and/or activities. These additional terms are part of the General Terms & Conditions.
1.3 Especially with the delivery of products that are manufactured by producers e.g. Phidgets Inc. Canada the GT&C of Phidgets Inc. Canada will be valid.
1.4 Reclamation of customers on behalf of own conditions that are not applicable on the GT&C of EZtronics are not acceptable.
1.6 These GT&C are equal to the Swedish GT&C version and translated to our best knowledge. In case of any conflict the Swedish version of the GT&C will be used by us. Customer can claim no rights to this English version of the GT&C ate those points where it differs from the Swedish GT&C.
1.5 EZtronics has the rights to change and/or extend these GT&C.
Article 2 Agreements
2.1 Agreements between EZtronics and customer are only final when EZtronics has checked the feasibility of the order. EZtronics remains the right to reject any order or task without informing its reasons. EZtronics also has the right to accept an order or task under the condition of pre-payment, in which case the customer will be informed regarding these conditions.
Article 3 Pictures
3.1 All pictures, drawings, weight data, seizes, colors and information with respect to the usability of parts, that is shown on pricelists, on the internet sites, in brochures and handouts and in advertisement, are compiled with our greatest efforts towards quality, however are only valid by approximation and can never give rise to payment of compensation and/or dissolution of the agreements.
Article 4 Pricing and Payments
4.1 The articles sold by EZtronics are delivered against prices that are valid on the day of shipment from EZtronics to the customer.
4.2 Prices are, unless stated otherwise, inclusive of VAT and exclusive of shipping costs.
4.3 The payment of goods and/or services delivered by EZtronics have to be paid within 14 days starting on the date of invoice unless the case of prepayment on the postbank-account of EZtronics. Customers who have not paid the invoice amount within 30 days after the invoice date will have to pay a interest of 1.5% per (part of) one month of the remaining invoice according to Dutch law. Furthermore EZtronics has the rights to increase the not paid invoiced amount with costs of judicial recovery, costs of lawyers, sheriffs officers, internal and administrative costs. When these extra costs are not paid timely, these extra costs will be validated at 15% of the unpaid invoice, and with a minimum of 250.00 SEK.
4.4 The payments done by customer will first be used to pay the mentioned extra costs before they will be used for the unpaid invoice amount even when the customer notifies the payment as a payment strictly meant for the unpaid earlier dated invoice.
4.5 Non-timely payment gives EZtronics the rights to suspend or cancel its performance and/or other agreements with the customer without any rights of compensation in any way.
4.6 EZtronics is justified at all times, to require from the customer a satisfactory certainty of payment for the requested service and/or products from EZtronics. Therefore, EZtronics has the right to demand prepayment of (a part of) the costs equal the requested services and/or products.
4.7 It is not permitted for the customer, without a permission from EZtronics, to settle invoices.
4.8 reclamations and/or guarantee issues do not give the customer any right of delay of payment or partial payment.
4.9 Denied deliveries by the customer are in any case accountable to the customer, e.g. shipping costs and other costs made by EZtronics.
Article 5 Shipping and delivery
5.1 The goods are shipped at customer
s risk. However EZtronics will provide shipment via respectable agents like PostNL and Swedish Posten. In agreement with a customer shipping and delivery can be carried out by registered post and insured against the value of the goods and/or services. Within the EU customers can opt for non insured shipment; when this is the shipment option there is no guarantee for any damaged or wrongly delivered or lost items. Customers that order items using non insured shipping agree that there is no insurance for shipping damages of received products.
5.2 EZtronics has the right of sending partial deliveries.
Article 6 Provision of Ownership
6.1 EZtronics remains the right of ownership for all its delivered products up to the moment of full payment of all by customer ordered products and services including payable costs as stated in Article 4.3.
Article 7 Time of Delivery
7.1 Notifications regarding the time of delivery are always estimations, except when other arrangements have been made. EZtronics is never responsible for any delay in the time of delivery.
7.2 Exceeding any delivery time does not give the customer the right of any form of compensation, or the right to terminate the business agreement, nor the right on any other action. However this is not valid in case of foul play or rude guilt by EZtronics or its management and also when the delivery time is exceeded by more than three months. In such situation the customer bears the right to terminate the business agreement, without any possibilities for compensation.
Article 8 Reclamations
8.1 Reclamations regarding non functioning or partial (non-complete) delivery have to be communicated within 8 days and in writing to EZtronics, describing in an understandable way the reason of reclamation. After a term of 8 days starting from the day of delivery EZtronics can be aught to have carried out its duties correctly. EZtronics then also understands that the customer has accepted the delivered products and/or services as correctly. Packaging should be unopened and still be sealed.
8.2 Reclamations never give the right to the customer to delay its payments to EZtronics.
8.3 Incase EZtronics agrees on a reclamation case, EZtronics can do following:
A: Revise the invoice and consequently change the invoiced amount.
B: Replace the delivered article by an article with comparable specification or to repair in which case the customer delivers the article or part at the address of EZtronics
C: To take back the delivered item and terminate the business agreement, under restitution of the invoiced amount to the customer without being bound to any form of compensation.
8.4 The customer should give EZtronics the opportunity to repair any non-functioning parts.
8.5 Software of which the packaging seal has been broken can never be returned to EZtronics.
Article 9 Shipment & RMA & Warranty
9.1 All orders via EZtronics will be shipped to the customer via PostNL, Swedish Post or via UPS (on special customer demand).
9.2 Customer can check the status of your order via the link in the confirmation email send to you by EZtronics, or on request via email.
9.3 All our products have a one year limited guarantee, unless agreed upon differently. De invoice included in the shipment will be the proof of guarantee.
9.4 All products shipped by EZtronics are checked for malfunctioning by the producer of these products.
9.5 Soldering (part of a) delivered product will cancel the guarantee agreement. Guarantee will also be canceled with other physical changes and damages of the delivered products.
9.6 EZtronics can never be hold responsible for any damage caused by any of our delivered products.
9.7 Guarantee liability (RMA) should always be requested on forehand by the customer at EZtronics. These requests will be judged on its validity by EZtronics.
9.8 Guarantee is provided on a carry-in basis. This means that the cost of shipping products back to EZtronics as also the risk of shipping the products to EZtronics should be covered by the customer. This is also the case for shipment of the products back to the customer. Customers should use a trackable shipping method when returning items back to EZtronics.
Article 10 Trade Marks
10.1 Factory signs or trading signs or type and identification numbers on products delivered by EZtronics are not allowed to be removed, damaged or changed. Doing this will automatically lead to expiration of the guarantee.
Article 11 Liability
11.1 The liability of EZtronics will always be limited to the highest amount on the invoice of the respective delivery.
11.2 For any direct or indirect damage that has not been described in this GT&C as being the responsibility of EZtronics, EZtronics cannot be held responsible unless caused by foul play or rude guilt by EZtronics.
11.3 Customer, in these cases, will safeguard EZtronics against all claims by third parties.
11.4 EZtronics cannot be held responsible for any damage caused by its products, services and advices.
Article 12 Other Terms and Conditions
12.1 In case certain Articles quoted in this GT&T would render inoperative (partially), this will have no consequence whatsoever for the validity of the other articles and sub articles in this GT&C.
13.1 When visiting the websites controlled by EZtronics it is possible that we gather following information of the visitor:
- Your email address, if you provide this to EZtronics,
- Your IP address.
This information is used to improve the contents of our website or to prohibit any abuse. This information is only used internally and is not shared with any other organizations with commercial purposes.
Eztronics has introduced the necessary safety features in order to avoid loss of data, unrightfully use of the site and to avoid modification of the information that Eztronics receives via the website.
13.5 Incorrect data
On request Eztronics offers the visitors of its website the possibility to correct the incorrect data of these visitors. If a customer wishes to correct her or his personal date Eztronics can be instructed via: firstname.lastname@example.org