General Terms and Conditions – AISLER Americas Inc.
We, AISLER Americas Inc. (“AISLER” or “we” or “our”), offer a service to manufacture electronic prototypes after your specification (“the Service”). These are the General Terms and Conditions (“the Terms”) which are applicable to any offers, agreements and subsequent orders that you (“you” or “the User”) agree to with AISLER.
Should you have any questions, feel free to contact us via firstname.lastname@example.org, via Twitter or Facebook.
We reserve the right to adjust the Terms and you agree that only the most recent version of the Terms are applicable to any agreement between you and AISLER (“the Parties”).
Article 1: General terms
- The Terms are applicable to any agreement between you and AISLER. Please read these Terms carefully. By using the Service, you acknowledge that you accept and agree to be bound by the Terms. If you do not agree to these Terms, you may not access or use the Service.
- Upon request, we will send you a physical copy of the Terms. You can always download the most recent version of the Terms on our website. All versions of the Terms are accessible on Github.
- If any provision of these Terms is or is held to be invalid or unenforceable, then so far as it is invalid or unenforceable it has no effect and is deemed not to be included in these Terms. This shall not invalidate any of the remaining provisions of these Terms. The Parties shall use all reasonable endeavors to replace the invalid or unenforceable provision by a valid provision, the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
Article 2: Offers and quotes
Offers and quotes are non-binding, unless otherwise agreed upon. An offer or quote is only valid for the time of the request (and not for future requests).
Article 3: The Registration
- You are responsible for keeping your account safe and to protect it against misuse from others (for example: you are responsible when another person places an order in your name). Use a strong password and do not pass along your credentials to anyone else.
- We reserve the right to block an account. We do this in the event of the detection of fraudulent behavior, a breach of these Terms or when the law requires us to.
Article 4: The Service
- To use the Service you will have to provide AISLER with a valid shipping address along your account credentials.
- The Service will clearly display which components are included in the offer (the “Items”). You agree to this offer with your order when you click “Purchase now” on the order summary page. We will then send you an order confirmation via email. The order is being produced on-demand after your specification.
- We will do our best to ship you your order within 14 business days after the order confirmation.
- To send you the order, we will provide your address details to our logistics service provider (e.g. but not limited to PostNL, DeutschePost DHL, FedEx). AISLER will assume the shipping address is correctly filled out by you. We will inform you via email when we have carried out your order.
Article 5: Fees & Prices
- Fees & prices are listed on AISLER’s website.
- We reserve the right to adjust our prices and fees.
- We charge sales tax for the Services ordered, based on the applicable state sales tax rate of the location to which the order is being shipped.
Article 6: Payment
- Payment is always due upfront, unless otherwise indicated, through a method of payment that is offered through our website.
- Your order is automatically at default if you fail to pay the amount in due time. AISLER reserves the right to suspend delivery of the Services until overdue amounts have been paid in full.
- Any collection fees incurred have to be fully covered by you. Open amounts less than USD 267 incur USD 40 collection fee, for higher due amounts collection fees are as follows
15% for the first USD 2,500
10% for the amount until USD 5,000
5% for the amount until USD 10,000
1% for the amount until USD 200.000
0.5% for the amount for the rest
Article 7: Right of cancellation
- For the sake of clarity, this right of cancellation:
a) only applies to consumers (any natural person acting outside a trade or profession) (a “Consumer”) and therefore does not apply to any person acting in the exercise of their trade or profession; and
b) does not apply to Items made to your specifications or clearly customized to your personal needs (e.g. printed circuit boards, custom ordered parts and stencils).
- If you are a Consumer, you shall be entitled to cancel an order without giving reason 7 days from the day that you, or a third party indicated by you, received the Items, for a full refund
- You shall be obliged to inform AISLER of your decision to cancel by email within this 7 day period.
- AISLER will reimburse all payments received from you for the Items purchased without undue delay and you will incur no fee as a result of such reimbursement. AISLER may withhold reimbursement until AISLER has received the Items back.
- You shall be obliged to send back the Items following the instructions of AISLER without undue delay and in any case by no later than 7 days from the day on which you communicate to AISLER your cancellation of the order.
- You will bear the costs of returning the Items to AISLER.
- You may lose the right of cancellation if the value of the Items returned diminishes due to the handling of the Items.
Article 8: Defect or non-conformity: general
- If Items (except for circuit boards, see article 9 below) show a defect or do not have the characteristics which you were entitled to expect (“Non-conformity”) after delivery, you must (by email) notify AISLER promptly.
- AISLER shall, if the Items (except for circuit boards, see article 9 below) show a defect or in case of Non-conformity, at its discretion, make an effort to: a) provide missing Items (if any);
b) repair Items (if possible and reasonable);
c) replace Items; or
d) (partially) reimburse the costs.
- In any case of a defect, Non-conformity or any other breach of the agreement, the liability of AISLER shall be limited to (a) the aggregate amount of the order (b) or, if the defect, Non-conformity or other breach is attributable to the manufacturer, the amount paid by such manufacturer to compensate the defect, Non-conformity or other breach.
- AISLER shall not be held liable for the Non-conformity or defects of Items that are customized to your specifications or Items that are clearly customized to your personal needs if the defect or Non-conformity is a result of your design or preferred customization.
Article 9: Defect or non-conformity: circuit boards
- Due to how circuit boards are produced, including several chemical and mechanical processes, AISLER guarantees that (in accordance with the common industry practice) 2/3 of an order of circuit boards is functional.
- AISLER shall run electrical tests to check if circuit boards are functional. AISLER will inform you promptly if circuit boards ordered by you have failed such test.
- If circuit boards you ordered fail the electrics tests and are therefore faulty, AISLER will compensate you for these faulty circuit boards by offering you a voucher.
- For the avoidance of doubt, article 8 paragraphs 3 and 4 also apply to circuit boards.
Article 10: Liability
In no event shall AISLER, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of the Service or the Items. In no event will AISLER’S total liability arising out of or in connection with these Terms, or from the use of or inability to use the Services or the Items exceed the amounts you have paid to AISLER for the use of the Service or the Items, or one hundred dollars ($100) if you have not had any payment obligations to AISLER, as applicable. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Article 11: Intellectual property
- AISLER respects your intellectual property rights.
- When using AISLER’s Service you may share material protected by intellectual property rights, such as designs, with AISLER (“Intellectual Property”).
- Intellectual Property you share with AISLER shall be used by AISLER only for the purpose of providing the Service.
- AISLER may involve third parties in the performance of the Service (e.g. a manufacturer). AISLER shall procure that any third party involved in performance of the Service shall be bound by this clause.
Article 12: Indemnity
You agree to defend, indemnify, and hold AISLER, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Article 13: Complaints
AISLER would like to know if you had any complaints with the execution of these Terms. Please send us an email to email@example.com with a detailed description of the complaint and we will try to answer your complaint as quickly as possible, usually within five business days. Should your request take longer we will send you a confirmation of receipt within five business days and give you an approximate date when we estimate the complaint to be resolved. Should we not mutually solve the complaint, then neither will these Terms considered to be in disagreement, nor will it fall under the regulations for dispute.
Article 14: Governing law and jurisdiction
Any dispute arising from these Terms shall be governed by the laws of the State of [California] without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or relating to these Terms shall be in an appropriate state or federal court located in [San Francisco county, state of California] and the parties unconditionally waive their respective rights to a jury trial.
Article 15: Regulation of dispute
We prefer to solve your requests in direct contact with you. If you would like to bring a matter to our attention, please contact us at firstname.lastname@example.org.
- AISLER's Twitter profile
- AISLER’s Facebook page
- The most recent version of the Terms
- All versions of the Terms on Github