Terms & Conditions
For the purpose of these Conditions, the following definitions apply:
Business Days: Weekdays (Monday to Friday), except for Saturdays, Sundays, and public holidays, when banks in Canada are open for business.
Calendar Days: Every day of the year, except for public holidays, including weekends (Saturdays and Sundays).
Conditions: The terms and conditions stated in this agreement.
Contract: The mutually agreed upon terms between M&A IT Tech Inc. and the Customer for the sale and purchase of circuit boards and semiconductor devices, as set forth in these Conditions.
Customer: The individual, business, or organization that buys the Goods from M&A IT Tech Inc.
Goods: The circuit boards and semiconductor devices displayed and offered for purchase on the Website.
Order: The Customer’s online request to buy Goods, placed through the Website’s ordering system.
Specification: The mutually agreed-upon technical details and requirements for the Goods, including any related plans, drawings, and diagrams, as confirmed by the Customer and M&A IT Tech Inc.
1) Construction
The following rules shall apply in the construction and interpretation of these Conditions:A person refers to any individual, corporation, or organized entity, whether or not it has a separate legal identity.
A reference to a party includes its heirs, successors, assigns, and any other legal representatives or entities that may succeed to its rights and obligations.
A reference to a statute or statutory provision means the applicable law or regulation in the United States, as it may be amended, modified, or re-enacted from time to time.
Terms like ‘including,’ ‘include,’ ‘in particular,’ and similar phrases are used to provide examples, and they do not limit the scope of the words that come before them.
A reference to writing or written includes any communication done through email or fax, in addition to traditional written correspondence.
2) Basis Of Contract
These Conditions constitute the entire agreement between the parties and supersede all prior or contemporaneous terms, conditions, or proposals, whether oral or written, and exclude any terms or conditions implied by law, trade usage, or course of performance.The Customer’s Order represents an offer to purchase the Goods, subject to these Conditions. The Customer bears the responsibility for verifying the accuracy and completeness of the Order details, including the delivery address and any Specification provided, before
M&A IT Tech Inc’s quotations are valid for a maximum of 24-72 hours from the date of issue, unless otherwise agreed in writing or withdrawn by written or oral notice to the Customer prior to acceptance.
M&A IT Tech Inc reserves the right to accept or refuse any Order in its sole discretion. The Order is not considered accepted until M&A IT Tech Inc explicitly confirms its acceptance in writing or verbally, subject to availability of the Goods. Upon acceptance, the Contract becomes effective and binding.
The Contract represents the complete and exclusive agreement between the parties, superseding all prior negotiations, understandings, and agreements. The Customer acknowledges that it has not relied on any verbal or written statements, promises, representations, assurances, or warranties made by or on behalf of M&A IT Tech Inc, except as explicitly stated in the Contract.
M&A IT Tech Inc’s samples, drawings, descriptions, and advertising materials, including those in its catalogues and brochures, are for illustrative purposes only, providing a general idea of the Goods. They do not constitute part of the Contract and have no legal significance.
M&A IT Tech Inc’s quotations for the Goods are merely indicative and do not constitute a binding offer. The quotation remains valid for a strict period of 15 calendar days from the date of issue, after which it automatically expires.
M&A IT Tech Inc reserves the right to cancel Orders from commercial Customers at its discretion, except when goods are shipped on the same day as the Order. For clarity, a commercial Customer is defined as one purchasing Goods for resale or operating as a business. In contrast, consumer Customers have cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000, which M&A IT Tech Inc will honor.
By using a debit card, credit card, or other payment method to purchase Goods, the Customer confirms that they are the legitimate cardholder or have the cardholder’s authorization. The Customer also warrants that their account has sufficient funds to cover the total cost of the Goods. M&A IT Tech Inc may perform verification and validation checks on the payment card details before accepting the payment.
3) Goods
The Goods are as described in the M&A IT Tech Inc Catalogue, subject to any modifications or additions specified in the applicable Specification.In cases where M&A IT Tech Inc manufactures or sources Goods based on a Customer-provided Specification, the Customer shall hold M&A IT Tech Inc harmless against all liabilities, costs, expenses, damages, and losses (including indirect, consequential, and reputational losses, plus legal fees and penalties) related to any claims of intellectual property infringement by a third party. This indemnification commitment will remain in effect even after the Contract’s termination.
M&A IT Tech Inc may amend the Specification of the Goods as necessary to conform to any revised statutory or regulatory requirements.
4) Order Specifications
A. Upon notification to the Customer that the Goods are ready, M&A IT Tech Inc will deliver them to the location designated in the Order or a different location agreed upon by both parties (Delivery Location).B. The delivery of the Goods will be deemed complete upon their arrival at the Delivery Location.
C. Delivery dates provided are estimates only and are not binding. M&A IT Tech Inc is not responsible for delays or incomplete deliveries resulting from unforeseen circumstances (Force Majeure Events) or the Customer’s failure to provide clear delivery instructions or other essential information related to the Goods’ supply.
D. Except as provided in above clause, if M&A IT Tech Inc is unable to deliver the Goods, the Customer may be given the option to either cancel the Order or choose alternative Goods that are available. If the Order was placed in writing, any cancellation must also be confirmed in writing.
E. In the event of M&A IT Tech Inc’s failure to deliver the Goods due to its own fault, its liability will be capped at the amount the Customer spends to procure similar replacement goods at the best available market price, less the original price of the Goods. However, M&A IT Tech Inc will not be responsible for any delivery failure caused by unforeseen circumstances (Force Majeure Events) or the Customer’s failure to provide clear delivery instructions or other essential information related to the Goods’ supply.
F. If the Customer fails to accept or take delivery of the Goods within three Business Days of being notified by M&A IT Tech Inc that the Goods are ready, and such failure is not caused by circumstances beyond M&A IT Tech Inc’s control (Force Majeure Events) or M&A IT Tech Inc’s own breach of contract, then:
I. M&A IT Tech Inc shall be deemed to have completed delivery of the Goods at 10:00 a.m. on the third Business Day after notification to the Customer that the Goods were ready for collection.
II. If necessary, M&A IT Tech Inc will store the Goods until they can be delivered, and the Customer will be responsible for paying all associated costs and expenses, including insurance fees.
III. M&A IT Tech Inc reserves the right to reorganize delivery of the Goods, with the Customer bearing the associated costs.
G. If the Customer fails to take or accept delivery of the Goods within 10 business days of being notified by M&A IT Tech Inc that they are ready for delivery, M&A IT Tech Inc reserves the right to resell or dispose of the Goods, in whole or in part. After deducting reasonable storage and selling costs, M&A IT Tech Inc will either refund the Customer for any excess amount received or invoice the Customer for any shortfall, relative to the original price of the Goods.
H. M&A IT Tech Inc reserves the right to deliver the Goods in multiple installments, with each installment being invoiced and paid for separately. Each installment shall be considered a separate and distinct contract. If there is a delay or defect in one installment, it shall not grant the Customer the right to cancel or terminate any other installment, which shall remain in full force and effect.
I. The Customer acknowledges that minor variations in dimensions, specifications, and quantities may occur in delivered Goods. In such cases, the Customer shall allow M&A IT Tech Inc a reasonable timeframe to replace and redeliver the affected Goods at M&A IT Tech Inc’s expense, of only affected goods. The Customer retains the right to accept or reject the replacement Goods. If the Customer chooses to reject the replacement Goods, they may cancel the relevant portion of the Order and receive a refund. This refund shall be the Customer’s sole remedy in such circumstances.
J. Except as provided above, the Customer may not reject the entire shipment of Goods if only a portion of the Goods are affected, unless the Order consists of a single item. Additionally, the Customer may not retain possession of both the affected and unaffected Goods as a means of seeking compensation for consequential loss, nor may they withhold payment for any part of the Goods as a remedy. This provision does not prejudice the Customer’s Legal rights.
K. The Customer shall not have the right to reject the Goods if M&A IT Tech Inc delivers a quantity that is up to 5% more or less than the quantity specified in the Order, but M&A IT Tech Inc shall make a proportional adjustment to the invoice upon receipt of notification from the Customer that wrong quantity was delivered.
