Lemos International

Sales Terms and Conditions

Definitions
• “Company” means Lemos International Co., Inc..
• “Customer” means the person (s) or company whose order for Supplies is accepted by the Company.
• “Conditions” means these Terms and Conditions listed below.
• “Goods” means any goods supplied or to be supplied to the Customer by the Company.
• “Supplies” means any Goods or Services.
• “Services” means any service or services supplied by the Company to the Customer.
• “Contract” means any contract between the Company and the Customer for the sale and purchase of Goods and Services

1. Conditions
All orders are accepted by the Company subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations on course of dealing between the Company and the Customer or set out in the Customer's standard terms and conditions. If there is any conflict between the other provisions of this Web Site and these Conditions: or the provisions of the order and these Conditions, these Conditions will prevail unless the Company agrees otherwise in writing. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the company.

2. Prices
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice.  The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by Lemos International Company Inc., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Prices for Supplies are in $ U.S., exclusive of delivery charges and VAT , which will be added at the time of dispatch. For online sales, prices listed for supplies on our website are online sales prices which are exclusive of delivery charges and VAT, which will be added at the time of checkout. Payment will be Credit or Debit card only. The Company has used all reasonable endeavours to ensure that prices for Supplies are accurately set out in the Web Site but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Supplies are to be made in instalments ('Scheduled Delivery') the price payable for them will be that applicable at the time of despatch of the first batch of Supplies but, where Scheduled Delivery may continue for a period of 90 days or more, the Company reserves the right to charge the Customer further amounts if the price of the Supplies increases before the end of that period. ‘Scheduled delivery’ refers to orders place by phone, fax or email, not online.

3. Payment
Payment is due prior to shipment for online orders and Pro Forma accounts. Our standard payment terms are 30 days from date of invoice, for customers with credit accounts, unless agreed in writing by a Director of the Company. A Customer wishing to open a credit account must furnish such information as may be requested by the Company and the Company may make a search with a credit reference agency. The Company reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time.

4. Orders
The Company reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked 'Confirmation only'. The Company will not accept liability for orders not so marked and duplicate orders will be charged accordingly.
Orders are accepted for in stock items only. Stock items are Goods that the Company supplies.

Maximum order value $1000 excluding VAT for larger values contact the Sales Department. Once accepted, no order may be cancelled without the prior written agreement of a director of the Company.

Orders for Goods are usually accepted by the Company by despatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.

5. Delivery
The Company will use all reasonable endeavours to despatch Goods ordered before 12am. Monday to Friday and all Goods ordered after such times the next working day, provided that those Goods are in stock.

Where Goods ordered are not in catalogue or are non-stock items, it may not be possible for the Company to arrange next day despatch but the Company will make reasonable endeavours to notify the lead times for such Goods, where known. Delivery will be made to the address specified by the Customer. The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.

6. Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery unless written notice is given to the Company within 10 days of the date of inspection. It is the Customer's responsibility to check for the presence of computer viruses before the Goods are used. The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 10 days of the date when Goods should have been delivered. The liability of the Company for nondelivery or non-performance or for Goods notified as defective will be limited to replacing the Goods, or to refunding the price then paid in respect of such Supplies.

7. Distance selling regulations
If withstanding the terms of Condition 19, the Customer is buying as a 'consumer', as defined in The consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods, return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any US Bank Holiday) of their delivery. To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within the 7 day period to "Lemos International Lemos International Co. Inc. 18 Maple Ave #302, Barrington, RI 02806" quoting the Customer's account number and order number. Goods should be returned first class with proof of posting and the Customer is responsible for payment of all postage costs. In respect of certain Goods the Company may prefer to arrange collection itself and, if requested, the Customer will allow the Company to collect the Goods and will assist in the arrangements for the Goods' collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection. Following receipt of Goods which comply with this Condition 10, the Company will refund to the Customer the price paid in respect of the Goods.

This Condition 10 shall not apply to software that has been unsealed by the Customer.

8. Description
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together "Descriptions") wherever they appear, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract.

9. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company's carriers at the Customer's premises. Ownership of the Goods shall pass at the same time the goods are unloaded.

10. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company's negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 16(1), the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition 14 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Company's option, the supply of replacement Supplies which are sufficient and suitable.

11. Warranty/Guarantee
The Company will, free of charge, repair or, at the Company's option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design. Software programs are supplied on the strict understanding that the Company does not warrant their function to be free from defects or error.

This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers' instructions for storage, usage, installation, use or maintenance of the Goods;
if the Customer has failed to notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 12 months 60 days (or such other period as the Company shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services. Any replacement Supplies made or Goods repaired will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to the Company.

The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any repair or replacement. The Customer shall ensure that the Company's employees, agents and representatives are provided with a safe and secure working environment while at its premises and the Customer shall be responsible for isolating any computers or processors requiring repair or replacement from its network and for making back-up copies of any information on such computers or processors before the Company's arrival on site. The Company's sole obligation and liability, should any Supplies prove damaged shall be limited to, at the Company's option, the repair or replacement of the relevant Goods or the re-performance of the relevant Services or the refund of the price paid for the relevant Supplies. The Company's sole obligation and the Customer's sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.

13. Exclusion of Liability {i) The Company does not exclude its liability to the Customer:
For breach of the Company's obligations under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; For personal injury or death arising as a result of the Company's negligence; Under section 2(3) of the Consumer Protection Act 1987; For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or For fraud.

The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with: Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company's employees, agents or sub-contractors;
Any breach by the Company of any of the express or implied terms of the Contract; Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies; Any acts or omissions of the Company at the Customer's premises; Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.

The Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company's option, refunding monies already paid in respect of the Supplies.

14. Intellectual property rights
The Supplies in this catalogue are subject to the intellectual and industrial property rights including patents, know how, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer's ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to the Company and/or its suppliers. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable. The Company owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without the Company's prior written consent.
15. Use of Personal Data

"Personal Data" means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative, regardless of how and when that data is provided. The Company may process Personal Data for all purposes contemplated in these Conditions or arising in the context of the relationship between the Company and the Customer including:

Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches against a Customer or its representatives and the disclosure of information to the relevant agency as to how that Customer conducts its account; Order fulfilment, administration, customer services, profiling the Customer's purchasing preferences and to help to review, develop and improve the company's business and the goods and services it offers;
Crime prevention or detection. The processing of the Personal Data may involve: The disclosure of that Personal Data to the Company's service providers and agents; The disclosure of that Personal Data to third parties whose products and services the Company believes may be of interest to that Customer or representative; The transfer of Personal Data outside of the EEA, including to countries whose laws may not provide adequate protection to Personal Data. The Company will only transfer Personal Data outside the EEA to companies who have guaranteed to the Company the same level of protection as that Personal Data would have received in the US.

If, at any time, the Customer or its representatives does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact the Sales Department, Lemos International or notify any of our sales representatives when placing an order by phone. For more information on the Company's use of personal data please see the Company's privacy policy on its website.

16. Promotions
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.

17. Country of origin
Unless otherwise confirmed by the Company in writing, nothing in this Catalogue is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.

18. Export
The Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Supplies, The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Goods.

19. Business customers

The Company is a business to business supplier. The Web Site and other product brochures produced by the Company are intended for use by business customers and not consumers. By ordering, the Customer confirms that he, she or it wishes to obtain the Supplies for the purposes of his, her or its business and not as a consumer.

20. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company's obligations under these Contract if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

21. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.

22. General
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply. The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of,these Conditions and/or any Contract to any company in its group (as defined in section 53(1) of the Companies Act 1989) at any time. the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. These conditions supersede all previous issues.

23. End of Life
LEMOS is continually striving to bring new solutions and features to market that help our customers address their most pressing business needs and maximize their business results. Associated with the continuing life cycle of product innovation, we will on occasion discontinue the sale of certain products and provision of services related to those products (“End of Life”). To assist our customers in transitioning from legacy products to newer technology and next generation solutions, LEMOS has established the End of Life Policy as follows:

End of Sale Notice. We will generally, but not guaranteed, provide 60 days to 6 months lead-time notification for the last time buy of a product (“End of Sale”).

  1. The 60 day lead time can be expected for products when LEMOS determines there is a sufficiently similar product replacement available.
  2. Up to 6 months lead time can be expected for products where LEMOS determines customers may need a longer period of time to test and implement replacement products.


24. Terms of access of Website
i. Your access to this Website is strictly limited to viewing, using, downloading and storing the information contained on this Web Site solely for Your legitimate personal or internal business use.

ii. All information and materials contained on this Website have been prepared solely for the purpose of providing general information about the Company and the goods and (where relevant) services which we sell. All such information and materials published on this Website are provided in good faith as a convenience to the you and may be used for information purposes only and at all times in accordance with these Terms of Access.

iii. We endeavour to ensure that the information and materials published on this Website are correct and up to date. However, (to the maximum extent permitted by law) we make no representations or warranties (express or implied) that the information or materials published on this Website are accurate, comprehensive, verified or complete. In particular, we make no representations or warranties (express or implied) concerning the fitness for any particular purpose of any such information or materials.

iv. The information on this Web Site does not constitute any form of advice and/or recommendation. The Company does not undertake to update or correct the information and/or materials contained on this Website but We reserve the right to make improvements and/or changes to (including the removal of) the products and/or programs described in this information and to delete and/or move any such information or materials at any time and without notice.

v. Whilst we try to ensure that this Website is normally available 24 hours per day, we will not be liable if, for any reason, this Web Site is, at any time, unavailable for any period of time or at all. Access to this Web Site may be suspended temporarily or permanently without notice.

vi. The information contained in this Website are subject to copyright and/or other intellectual property rights (including, but not limited to, rights in trade marks, trade secrets and patents) owned by or licensed to the Company. All rights in respect of such information and materials are reserved to the Company.

vii. You may not reproduce (in whole or in part), modify, decompile, disassemble or transmit or use for any commercial purpose whatsoever (other than as expressly stated above) any information and/or materials from this Website without the Company’s express prior written consent.

viii. Any file downloads from our Websites are made at your own risk.

Privacy Statement
This privacy policy sets out how “Lemos International” uses and protects any information that we collect about you when you use this website. We are committed to ensuring that your privacy is protected. We may change this policy from time to time by updating this page.

You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from January 1st 2009.

What we collect
We may collect the following information: name, contact information including email address, other information specified on our order form and demographic information such as postcode.

What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: Internal record keeping, to improve our products and services and to process your orders.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual and tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. We only use this information for statistical analysis purposes. Cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not.

A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies, however declining cookies may prevent you from taking full advantage of the website.
Links to other websites

Our website may contain links to other websites of interest. However, Lemos International is not responsible for the content of external internet sites.

THE INTRASTAT COMMODITY CODE FOR THE ABOVE SUB-ASSEMBLIES IS  8525602000. THE PURCHASER MUST SATISFY ALL RELEVANT EMC AND RADIO REGULATIONS WHICH APPLIES TO THEIR FINISHED PRODUCT. THESE MODULES TRANSMIT AND/OR RECEIVE RADIO SIGNALS AND MAY NOT FUNCTION AS INTENDED IF INTERFERENCE IS PRESENT. RADIOMETRIX DOES NOT ASSUME ANY RESPONSIBILITY FOR ERRORS NOR ANY LIABILITY ARISING FROM THE APPLICATION OR USE OF ANY RADIOMETRIX’S SUB ASSEMBLIES, INCLUDING FITNESS FOR ANY PARTICULAR APPLICATION. RADIOMETRIX SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE OR COMMERCIAL LOSS, NOR ANY OTHER LOSS OR DAMAGE. SHORTAGES TO BE NOTIFIED WITHIN 14 DAYS OF RECEIPT OF GOODS. INVOICE QUERIES MUST BE RAISED WITHIN 14 DAYS OF RECEIPT OF INVOICE. REJECT OR DAMAGED GOODS TO BE NOTIFIED WITHIN 60 DAYS. TAMPERING WITH GOODS IN ANY FORM INVALIDATES THE REPLACEMENT WARRANTY. ALL GOODS AND TRADE REMAIN THE PROPERTY OF RADIOMETRIX LTD UNTIL PAID FOR IN FULL.  UNLESS PREVIOUSLY AGREED IN WRITING THE ABOVE AND OUR STANDARD TERMS AND CONDITIONS OF SALE ARE BINDING AND TAKE PRESIDENCE OVER THOSE OF THE PURCHASER. PLACING AN ORDER IS CONSIDERED ACCEPTANCE OF OUR TERMS.

Delivery is based on current inventory. Goods can not be guaranteed to ship over night. We will advise shipping date once purchase order is placed.

All sales are considered final unless previous arrangements have been made in writing with Lemos International. We will replace goods only if they are found to have a manufacturer defect. Any returned good may be subject to a restocking charge of 20% plus the cost of shipping and handling.

* Sales terms and conditions are subject to change without notification.

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