Terms & Conditions and Warranty Policy
The following Terms and Conditions (the "Terms") apply to purchases products made through OKINA USA’s distributors. The terms "you", "your" and "yours" refer to the customer/purchaser purchasing products from OKINA USA. The terms "we, "us", "our" and "OKINA USA" refer to ADDITIONAL TECHNOLOGY SECURITY INC. dba: OKINA USA, a California corporation. You and we agree that your order is an offer to purchase the Products on Terms listed below which will become a contract ("Agreement") when accepted us via confirmation that specifically references your order or when we ship to you the Products you ordered, whichever occurs earlier. By placing an order for Products you agree to be bound by and accept these Terms. Your represent that you are at least 18 years of age and have the legal authorizations to enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and us. Terms are subject to change without prior notice at any time in OKINA USA's sole discretion.
1. Disclaimer. OKINA USA and the hosts of this website accept no responsibility for and exclude all liability in connection with browsing this site, use of information on this site and downloading any material from it, including but not limited to, any liability for errors, inaccuracies, omissions or misleading or defamatory statements.
We believe the contents to be true and accurate as at the date of writing but can give no assurances or warranties regarding the accuracy, currency or applicability of any of the contents in relation to specific situations and particular circumstances. As such, the contents should not be relied upon and professional advice should be taken in specific cases. Specific disclaimers may apply in addition to certain content or parts of the site.
OKINA USA does not want to receive confidential or proprietary information from you through our website. Any material, information or other communication you may transmit or post to the website other than your personal information will be considered non-confidential and non proprietary. OKINA USA and its designees will be free to copy, disclose, distribute, incorporate or otherwise use the communications in all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the site any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material that would violate any law.
Information may be changed or updated without notice. OKINA USA may also make improvements and/or changes in the products and/or services described in this information at any time without notice.
TO THE FULLEST EXTENT PERMITTED AT LAW THE SERVICE AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS". IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OKINA USA AND THE HOSTS OF THIS SITE HEREBY EXCLUDE LIABILITY FOR ANY CLAIMS, LOSSES, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO ANY INFORMATION AND/OR SERVICES PROVIDED ON OUR WEBSITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, COMPENSATORY DAMAGES OR LOSS OF PROFITS OR DATA WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, DELICT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
IN ADDITION, OKINA USA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
2. Content. All of the content featured or displayed on this site including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software are owned by OKINA USA, its licensors and its content providers, unless otherwise stated.
Permission is granted to electronically copy and to print hard copy portions of this website. Any other use of materials on this website including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of OKINA USA is strictly prohibited.
3. Copyright. Unless otherwise noted, the contents of this website including all website designs, text, graphics, and layout) are the exclusive property of OKINA USA.You may view the site and download any part of it to a personal computer (or other device which is capable of accessing the Internet) for personal viewing and private purposes only but you are not permitted without our permission to
- store it or any part of it other than for the purposes set out in this paragraph
- print out copies except for your own viewing for private purposes or for the purposes of your business (other than re-publishing such material for commercial purposes)
- reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium.
You are also not entitled to alter the content in any way. Permission is granted to print copies of this document, and to display and use this document with a computer solely for personal use.
© OKINA USA All rights reserved.
By accessing this site, you signify your agreement with and understanding of the following terms of use and legal restrictions pertaining to both this site and the material in it.
4. Order and Payment Terms. Your order for Products is not valid until accepted by OKINA USA. Your Payment for Products must be received in full before our acceptance of your order and our shipment of Products. We only accept valid MasterCard, Visa, and American Express cards. Credit term application is required for credit term.
5. Product Availability. Limited stock is available. Our offers are valid while supplies last. Prices may fluctuate. Please check with your sales rep for availability. Products may not be available for immediate delivery. Accessories shown with Products are not included unless expressly stated.
6. Title; Risk of Loss or Damage. Title to Product(s) other than software, passes from us to you upon shipment from OKINA USA’s facility. You assume all risk of loss or damage to all Products while in transit. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. Title to any applicable software will remain with the licensor(s).
7. Warranties. OKINA USA makes no warranties except those stated in the limited warranty statement included in the documentation with the product. Warranty periods and service vary by product. OKINA USA expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purchase except to the extent expressly set forth in the applicable limited warranty. Some states do not allow exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. We reserve the right to modify warranties prospectively at any time and from time to time in our sole discretion.
8. Product Warranties. DVR: One Year Camera: Three Years
Camera w/ IR LED: One Year PTZ Camera: Two Years
Lens: One Year Balun: Three Years
Accessory: One Year
9. Limitation of Liability. OKINA USA and its affiliates’ total liability whether for breach of contract, warranty, late delivery or non-delivery, negligence, strict liability in tort or otherwise, is expressly limited to the price of the particular product(s) sold with respect to which losses or damages are claimed. Your sole remedy against them in any dispute under this agreement shall be to seek recovery of the amounts you have paid, pursuant to section 10, upon the payment of which they shall be released from and discharged of all further obligations and liability to you. In no event will either party be liable to the other for any incidental, special, indirect, exemplary, punitive or consequential damages, including, but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the product/refurbished product or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim. Please also refer to the applicable limited warranty which may include additional limitations of liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10. Governing Law/Waiver of Jury Trial. Sales shall be governed by and construed under the laws of the state of California, without giving effect to conflicts of law rules. Jurisdiction and venue for all disputes shall lie in City of Fremont, state of California, being the place where customers order has been received and/or accepted. The parties hereby waive trial by jury with respect to any dispute relating to this agreement or customers order. Any cause of action or claim you may have with respect to the OKINA USA web site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.
11. Export Compliance. The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract.
12. Compliance with the Law; Resale Sales. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement. You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. The Products are intended for purchase and use only in the United States. You agree and represent that you are buying for your own personal use only, and not for resale. OKINA USA has separate terms and conditions governing purchases for resale.
13. Typographical or other errors. We endeavor to accurately describe every Product offered for sale; however, mistakes can sometimes be made. Any typographical, photographic or specification error in Product description, pricing or offers is subject to correction and verification. In the event an OKINA USA product is listed at an incorrect price due to typographical error, error in pricing information or other error, OKINA USA shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. OKINA USA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and accepted and your credit card has already been charged. If your credit card has already been charged for the purchase and you order is cancelled, OKINA USA shall issue a credit to your credit card account in the amount of the incorrect price.
14. Harmful Components. OKINA USA does not warrant that any information, software or other material accessible through one of their web pages is free of viruses, worms, Trojan horses or other harmful components.
15. Miscellaneous. If any provision contained in this Agreement is or becomes invalid, illegal or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect the remaining provisions and portions of this Agreement. Failure of OKINA USA to insist upon strict performance of any provision hereof shall not be deemed a waiver of any other provision. OKINA USA shall not be liable for any delay or failure in performance caused by or resulting from fire, flood, earthquake, civil unrest, acts of war, embargoes, strikes, labor difficulties, equipment failures, computer viruses or errors or any other causes beyond the control of OKINA USA. We may revise these Terms at any time by updating the OKINA USA web site. We reserve the right to change prices, specifications, warranties and other Terms herein without notice. OKINA USA may assign its rights and duties under this Agreement to any party at any time without notice to you. |