The Sales Terms & Conditions set forth for all products purchased from Reconik are provided herein and subject to change without notice. Reconik expressly declares that its terms and conditions shall override and supersede any and all other terms of sale or purchase by others, either implied or expressed, whether verbally or in writing, on the purchase or sale of Reconik products. These terms and conditions may govern the written communications, emails, documentation, payment instruments, and/or purchase orders provided by customers or other parties to Reconik, for the purchase and sale of Reconik goods. Customers shall review and accept our sales terms & conditions before order placement and prior to delivery of products. With any inherent purchases made from Reconik, the customer agrees to be bound by the sales terms & conditions in effect at the time of order placement, and such purchases constitute acceptance thereof. Only by Reconik’s written stipulation or agreement will the sales terms & conditions be changed by Reconik.
Our Satisfaction Guarantee
We guarantee complete customer satisfaction on all orders. We aim to provide orders on time, error free, and in exceptional condition. Please inspect all products immediately upon shipment receipt, to insure order accuracy, acceptance, and total satisfaction. Please notify Reconik, on the same day of receipt, if there is any event of incorrect product(s) shipped, product(s) damage(s) or shortage(s), any missing part(s), or instances of tampering or theft, collectively known as “delivery problems”. In most instances, shipping insurance (where applicable) may cover delivery problems and enable a resolution thereto. See paragraph 5 regarding “Damages In Shipment”.
Limited Product Warranty
We stand behind the products we manufacture, stock, and sell. As such, we carry a Limited Product Warranty (LPW) for Reconik products. The LPW is for a maximum period of one (1) year, or twelve (12) consecutive months, either effective upon the shipment of warrantable goods. Warrantable defects covered by our Limited Product Warranty shall include deficiency, fault, or failure applicable to the proper operation, utility, performance, or material composition of goods. The LPW shall not apply to products that reflect normal wear & tear, damage, scratches, improper usage, dropping, or obvious negligence in handling. 3. Warrantable Defects & Authorized Returns At its discretion, Reconik may approve products with warrantable defects for return to Reconik. All returns will require a Return Materials Authorization Number (RMA #), to be issued by Reconik. Without exception, no returns shall be accepted by Reconik without any RMA# issued by Reconik. Returns shall only be authorized upon subjective evidence of product in-operability, defect, deficiency, fault, hazard, poor performance, intermittent operation, or failure, or if there are issues relevant to unsatisfactory product quality, safety, workmanship, or material composition. Upon Reconik’s authorization, all returned items are subject to inspection, testing, and defect verification. Warrantable defects affirmed by Reconik are subject to repair, replacement, credit, or possible refund. All authorized returns with an RMA# provided by Reconik will have the following approval considerations as the terms and conditions of return:
• All product(s) must be returned in the original condition, with original packaging, unmodified and undamaged.
• All components, parts, accessories, and manuals must be included with the returned product(s).
• All newly received & returned product items shall remain unused, undamaged, unmarked, and unblemished.
• All older products, within the warranty period, shall require the original receipt or packing list.
• All product(s) are to be returned at the customer’s expense, by traceable & tracking means, freight prepaid.
• Credits or refunds for returns are to be issued by Reconik only for the original purchase price (including tax).
• Credits or refunds shall exclude the original freight costs, handling fees, and return delivery charges.
• Any products returned for replacement are replaced at Reconik’s discretion, for the exact same item, if available. If the exact same item is not available, then an equivalent product with similar value and utility may be offered. If not acceptable by the customer, then a refund shall be provided on the original price, tax included.
• Any products returned for repair shall be repaired at Reconik’s discretion, if not too costly, impractical, or unfeasible. If any item cannot be repaired, a replacement item, whether exact or equivalent, shall be provided, if available. If not acceptable by the customer, a refund shall be provided on the original price, tax included.
• If products are returned and deemed “without defect” or “undamaged”, and are found to be perfectly suitable for warrantable use, then they may be returned to the customer at the customer’s expense. They may also be subject to a 15% restocking charge, upon request for refund. This 15% restocking charge shall be a multiplier of 15% of the original purchase price, to be deducted from the original purchase price (with) to be refunded.
• Items not in compliance with Reconik’s return policy requiring any RMA#, which are returned without the knowledge or authorization by Reconik, may not be returned back to customers. Any possible returns of items will be at the customer’s expense. As otherwise, items received may remain at Reconik or simply discarded. Sales Terms & Conditions
Order Delivery & Performance
As Reconik is not a guarantor of the performance, actions, conduct, or negligence of its shipping carriers, Reconik shall not be held liable nor responsible for any delivery problems or damages caused after pick up, during transit, or upon delivery of goods from Reconik’s place of business to the customer. Without assuming liability in given instances, Reconik may still utilize fair practices to ameliorate any delivery problems, of no fault of its own. If, to the clear and obvious fault of its own, Reconik does not meet the agreed delivery date of orders, Reconik may elect to provide delivery at no charge, with shipping methods at Reconik’s discretion. We absolve ourselves from all liability and do not guarantee on-time delivery for orders involving customized manufacturing, drop shipments, third-party billing, customer pickups, shipments made outside the U.S., unauthorized transportation carriers, or extreme weather conditions.
Damages During Shipment
Although title and the risk of loss is transferred from Reconik once merchandise is shipped, Reconik will still assist couriers and customers if any product delivery is verified as incomplete, damaged, missing, or stolen while in transit.
• Do not accept a visibly damaged product until the courier or person making the delivery has endorsed the air bill/bill of lading with a written statement of the extent of the damage.
• Upon receipt of obviously damaged merchandise, as evidenced by destroyed or damaged parcels, envelopes, or boxes, immediately file a freight claim at the time of delivery. Notify us immediately of damages so that we can provide you with assistance on the claim with the freight carrier. When calling, please have the purchase order and/or sales order number at hand.
• If any damage is concealed and not immediately noticeable upon delivery, but later found after unpacking, please retain all packing material.
• Immediately call Reconik and the courier who made the delivery if any concealed damage is revealed after the delivery is made and the courier is no longer at the delivery location. All concealed damage must be reported within 24 hours from time of receipt of shipment. As otherwise, failure to report damage within this period may waive your rights to warrantable defects and our obligation to provide product replacement, repair, credit or refund.
• Please send us copies of all air bills, bills of lading, packing lists, and inspection reports for any products that are rendered as incomplete, damaged, missing, or stolen while in transit.
At the time of your order, you will receive the total bottom-line delivered cost according to the price prevailing at the time your order was placed and the delivery option you have selected. State sales tax, if applicable, will be added to your invoice unless an acceptable resale tax exemption certificate is provided. Shipping charges will also be added to the invoice for all prepaid freight. As otherwise, we may ship goods on customers’ shipping accounts. For international shipments, we will require our customers’ shipping account. Where applicable, the payment of all customs duties will be the customer’s responsibility.
If you would like to establish an open account, please contact our Sales Department. During the credit application process, business may be done via credit card, COD, CIA, and EFT. We reserve the right to change terms of sale at any time. All payments must be made in U.S. funds drawn on U.S. banks, company bank account only, unless alternate arrangements have been approved by Reconik. Payment terms are typically Net 30 Days, upon approved credit. Other payment terms and extended payment periods may have additional fees or alternative prices that apply.
• Net 30 terms require prompt payment by company check within 30 days from the shipment date unless otherwise stated on the invoice. We do not accept payment by credit card except at time of purchase.
• There will be a $50.00 charge for returned checks and EFT rejections for any reason.
• Please pay from the invoice provided. A late payment charge of 1.5% per month (18% APR) will be charged on all invoices not paid within the defined terms.
• In the event RECONIK retains a collection agency or attorney to enforce any of your obligations to Reconik, you agree to pay all of Reconik’s costs and expenses associated with such enforcement, including all collection, attorney, and litigation fees.
• You agree to pay or reimburse Reconik for any and all sales, use and excise taxes that may be imposed on you or Reconik by any government entity as a result of any sales to you, regardless of when such taxes may be assessed, imposed, or levied.
Compliance with Laws
You agree to comply with all laws and regulations that apply to your use, or the resale or other transfer, of products that you purchase from Reconik. In some cases, the export of products from the US may be subject to restrictions or prohibitions under US law. You are urged to review the materials regarding such restrictions made available by the manufacturer/supplier and, where appropriate, to consult legal counsel. In any case, however, you remain solely responsible for such compliance, and Reconik takes no responsibility for advising you regarding such matters or for providing any necessary export licenses.
Limitation of Liability
In no event shall Reconik be liable to you under any legal theory whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including, but not limited to, such losses as (i) wages paid to your employees, (ii) lost revenue, (iii) lost use of equipment, (iv) purchase, lease, or other acquisition of replacement, substitute, or temporary equipment, facilities, or services, (v) costs of capital, (vi) costs or losses related to downtime, (vii) manual labor costs, or (viii) any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to your purchases of goods or services from Reconik, including losses resulting from your general or particular requirements or needs, whether or not Reconik, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise. Reconik’s liability to you shall in no event exceed the purchase price of the nonconforming goods or services giving rise to Reconik’s liability to you, whether assumed or realized.
Prohibition Of Alterations, Reverse Engineering, Modification, Etc.
As the manufacturer, Reconik prohibits any alteration, reverse engineering unauthorized modification, adaptation, translation, decomposing, disassembly, or creation of derivative products or sub-assemblies from its original product construction. All such instances will render Reconik’s products “unwarrantable”, with the customer assuming all risks, liabilities. You agree to abide by any such restrictions contained in the manufacturer/supplier’s terms, and you agree that such restrictions may be enforced against you directly by the manufacturer/supplier, despite any lack of contractual privates between you. If you have questions concerning the terms that may apply to a particular product or would like to obtain information about such terms before purchasing, Reconik will be happy to assist you in obtaining such information from the manufacturer/supplier.
Choice of Law, Forum Selection
Reconik controls and operates its business from its offices in Orange, CA USA. Consequently, any questions relating to these Terms and Conditions or their application in a particular situation shall be governed by the laws of the United States and the State of California without regard to any provision that would result in the application of the laws of any other state or jurisdiction. Any legal or equitable action of whatever nature brought by a customer against Reconik and/or its subsidiaries or parent company, arising out of or related in any respect to these Terms and Conditions or your purchases or other dealings, shall be brought solely in either the United States District Court for the District of California located in Fullerton, CA, in the County of Orange, or at the appropriate court of the State of California located within Orange, Los Angeles, or Riverside Counties and/or within the jurisdiction where Reconik has its principal place of business.
If any provision of Reconik’s Terms and Conditions is found to be invalid or unenforceable, the other provisions will remain in full force and effect.