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Policies, Terms & Conditions

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Application

  These Terms of Sale (the “Sale Terms“) apply to the purchases of goods (individually or collectively, “Goods“) from Amtech Solutions (“Company , “we ,” “us” or “our“) through the Amtech Solutions website located at www.amtechs.com.(the “Website“), or by mail, e-mail, phone, fax or any other method, by you (“Authorized User“, “you” or “your“) on behalf of a company, institution or other entity that has authorized you to make such purchases on its behalf (the “Business User” ). The terms “you” and “your” below in these Sale Terms includes the Authorized User, as well as the Business User.

Changes

These Sale Terms are subject to change by Amtech Solutions. You should review these Sale Terms prior to purchasing any Goods from Amtech Solutions.

Acceptance of Sale Terms

By purchasing Goods through the Website, or by mail, e-mail, phone, fax or any other method or by clicking to accept or agree to these Sale Terms when this option is made available to you, you accept and agree to be bound and abide by these Sale Terms. If you do not want to agree to these Sale Terms, you must not purchase any Goods from Amtech Solutions.

Authority

The Authorized User hereby represent and warrants that it has been authorized by the Business User to (i) accept these Terms of Sale on Business User’s behalf, and (ii) to bid on or purchase products on the Business User’s behalf from Amtech Solutions.

Application of Other Policies, Guidelines or Rules

Through your use of the Website, when you use Amtech Solutions services or purchase Goods, you shall be subject to any posted policies, guidelines or rules applicable to use of the Website and any services including, but not limited to, the Amtech Solutions Privacy Policy (the “Privacy Policy”) and the Amtech Solutions Website Terms of Use (the “Terms of Use”). Amtech Solutions respects your privacy and is committed to protecting it. Please review the Privacy Policy at PRIVACY POLICY and the Terms of Use at TERMS OF USE. All such policies, guidelines and rules are hereby incorporated by reference into these Sale Terms.

Order Acceptance, Cancellation and Amendment

 You agree that any order to purchase Goods that you submit through the Website or by mail, e-mail, phone, fax or any other method (an “Order”) is an offer to purchase, under these Sale Terms, all Goods listed in the Order. Responses to quotes, and other inquiries for pricing and availability are not construed as an offer by Amtech Solutions. Until your Order is accepted by Amtech Solutions in writing, Amtech Solutions will not be obligated to sell the Goods that are referred to in your Order to you. All orders received by Amtech Solutions are subject to revision and possible rejection by Amtech Solutions in its sole discretion after its electronic receipt of the same. Except as otherwise provided in these Sale Terms, an Order shall only become a firm purchase agreement upon the earlier of Amtech Solutions’s written confirmation of such order with your Order number and details of the items you have ordered.
 
  All orders shall be deemed non-cancellable by you, except as otherwise agreed in writing by Amtech Solutions in its sole discretion. If Amtech Solutionss agrees to allow you to cancel an Order, it may condition such cancellation on the payment of a cancellation charge and/or restocking fees. Special Orders for Goods not normally stocked by Amtech Solutions are non-cancellable and non-refundable. All Goods sold to you shall be deemed non-returnable, except for defective Goods covered by the limited warranty described below, provided that you submit a valid warranty claim within the applicable warranty period.
 
 Given the nature of the electronics market, Amtech Solutions’s obligations to fulfill an Order shall be conditioned on the availability of the Goods ordered in the marketplace. If Goods ordered under a confirmed Order are not available on the terms ordered, Amtech Solutions will promptly inform you of the same and offer to continue its attempts to source the Goods. If Amtech Solutions is unable to source such Goods on terms acceptable to you and Amtech Solutions, either your or Amtech Solutions may cancel the Order without penalty or liability.

Prices

 All prices, discounts, and promotions are subject to change without notice. The price charged for Goods will be the price advertised at the time the Order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your Order confirmation. Price increases will only apply to orders placed after the time of the increase. Prices do not include local taxes, or any other taxes or charges imposed by any government authority. Amtech Solutions strives to display accurate price and availability information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Payment Terms

Terms of payment are based on the contract terms.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment to you of the Goods you have ordered. You will pay all shipping and handling charges, and insurance costs when applicable, unless otherwise specified in the order confirmation. Amtech Solutions may refuse or delay any shipment if you fail to pay promptly any payments due to Amtech Solutions. Amtech Solutions may deliver Goods covered by an order at one time or in portions, from time to time, within the time for delivery provided in the order. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

You may return to Seller any Goods that are damaged at the time of delivery or defective within the warranty period described below by obtaining a Return Material Authorization (“RMA”) from Amtech Solutions’s customer service department within twenty (20) days of your discovery of the damage or defect. No returns of any type will be accepted without an RMA number. You must return the damaged or defective Goods to Amtech Solutions within the period set forth in the RMA. The RMA number must be listed on all packaging containing Goods returned to Amtech Solutions. If you do not request an RMA within the twenty days request period, or you request an RMA for Goods that turn out not to be damaged or defective, Amtech Solutions may, in its sole discretion, issue an RMA and may require that you pay to Amtech Solutions a reasonable restocking fee as a condition of issuing to Buyer the RMA. For defective Goods, Buyer must furnish to Amtech Solutions a report showing the reason for failure with a valid proof of purchase and return such Goods to Amtech Solutions in their original condition. Amtech Solutions will provide shipping information for the return of all Goods subject to an RMA. You bear the risk of loss to such Goods during shipment.
 
Refunds are processed within approximately 14 business days of our receipt of the returned Goods. Your refund will be credited back to the same payment method used to make the original purchase.
 
WE DO NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.

Use Restrictions

Your use of Goods must comply with all manufacturer instructions or manuals provided to you are made available to you on the Website or otherwise.

Limited Warranty and Disclaimers

FOR THE PURPOSES OF THIS SECTION, THE TERM “MANUFACTURER” REFERS TO THE ORIGINAL MANUFACTURER OF A GOOD WHEN IDENTIFIED. FOR NEW GOODS, Amtech Solutions WARRANTS THAT FOR A PERIOD OF THREE (3) YEARS FOLLOWING THE DELIVERY OF THE GOODS, THE GOODS WILL PERFORM TO THE MANUFACTURER’S STATED SPECIFICATIONS FOR FORM, FIT AND FUNCTION PROVIDED THE GOODS ARE USED FOR THEIR INTENDED PURPOSE. FOR ALL OTHER GOODS, THE GOODS ARE SOLD “AS IS” AND “WITH ALL FAULTS”. THE FOREGOING WARRANTIES ARE Amtech Solutions’S EXCLUSIVE WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, Amtech Solutions MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE GOODS, INCLUDING WITHOUT LIMITATION THE DESIGN AND CONDITION OF THE GOODS OR THEIR QUALITY, CAPACITY, SUITABILITY, CONSTRUCTION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT Amtech Solutions IS ACTING SOLELY AS A THIRD PARTY DISTRIBUTOR OF THE GOODS AND THAT THE MANUFACTURER OF THE GOODS SHALL BE SOLELY RESPONSIBLE TO YOU AND THIRD PARTIES FOR ALL LIABILITY, CLAIMS, DAMAGES, OBLIGATIONS, AND COSTS AND EXPENSES RELATED TO THE GOODS. YOU AGREE TO LOOK SOLELY TO THE MANUFACTURER OF THE GOODS FOR COMPLIANCE WITH THE MANUFACTURER’S WARRANTY AND FOR ANY MAINTENANCE, SUPPORT OR REPAIR OF THE GOODS. Amtech Solutions ASSIGNS TO YOU ANY WARRANTY DELIVERED TO Amtech Solutions BY A MANUFACTURER OR OTHER VENDOR TO THE EXTENT THE ASSIGNMENT IS PERMITTED BY THE TERMS THEREOF. Amtech Solutions MAKES NO REPRESENTATION, COVENANT, OR WARRANTY WITH RESPECT TO THE EXTENT OR ENFORCEABILITY OF THE MANUFACTURER’S WARRANTY. NO REPAIR OR REPLACEMENT OF GOODS BY Amtech Solutions OR MANUFACTURER SHALL EXTEND THE WARRANTY PERIOD OF THE MANUFACTURER. Amtech Solutions NEITHER ASSUMES, NOR AUTHORIZES YOU, OR ANY OTHER PERSON TO ASSUME ON BEHALF OF Amtech Solutions ANY OTHER LIABILITIES IN CONNECTION WITH THE USE, SALE, OR RESALE OF THE GOODS. Amtech Solutions AGREES TO MAINTAIN INFORMATION INCLUDING SERIAL NUMBERS, LOT AND DATE CODES, AND OTHER INFORMATION ALLOWING SUITABLE IDENTIFICATION OF PRODUCT FOR WARRANTY PURPOSES.
  
Amtech Solutions EXPRESSLY DISCLAIMS ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
  
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
 
 YOU AFFIRM THAT Amtech Solutions SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability

FOR IN NO EVENT SHALL Amtech Solutions BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR ANY ORDER, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
 
Amtech Solutions’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS YOU HAVE ORDERED THROUGH OUR SITE OR BY MAIL, E-MAIL, PHONE, FAX OR ANY OTHER METHOD.
 
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL NOT APPLY TO LIABILITY RESULTING FROM Amtech Solutions’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Export Control

Amtech Solutions is committed to compliance with export, re-export, in-country transfer, customs and economic sanctions laws, regulations, rules and orders pursuant to CN、 U.S., EU, EU Member State, or other applicable export controls or sanctions (“Trade Controls”) to which Goods purchased from Amtech Solutions apply. You understand and acknowledge that all Goods purchased from Amtech Solutions are subject to Trade Controls. You shall not, directly or indirectly, sell, export, transfer, use, or disposition in in any other way which may result in non-compliance with applicable Trade Controls.

Amtech Solutions will not sell or ship to embargoed countries or any party designated under Trade Controls, including, but not limited to, persons or entities named on the Entity List, Unverified List, Denied Persons List, or Military End User List under the U.S. Export Administration Regulations (“EAR”), the U.S. Office of Foreign Assets Control’s Specially Designated National list, Foreign Sanctions Evaders list, or Non-SDN Menu-Based Sanctions list, the Consolidated list of persons, groups and entities subject to EU financial sanctions, the EU’s country specific lists such as those included in Council Regulation (EU) or any other list of restricted parties under Trade Controls. This also includes any party that is owned or controlled by, or acting or purporting to act at the direction of, for, or on behalf of, any of the foregoing in this paragraph, directly or indirectly.

You acknowledge that, before exporting or reexporting, any Good, You are responsible for determining if the Good is controlled, prohibited or restricted for export or import and to obtain any license to export, re-export, or import as may be required by Trade Controls.

Inspection and Test of Product

We will inspect each Good to ensure it is correct and authentic. As part of that inspection certain tests may be performed. Testing includes the use of certain chemicals including acetone and a mixture of isopropyl alcohol and mineral spirits that tests for marking and surface permanency. These tests are considered non-destructive unless you specifically notify us in writing that you consider these tests destructive. Similarly, we perform X-ray on parts to review lead frame, die and bond wore configuration. Exposure and power are limited. We submit that certain X-ray exposure may be damaging to certain parts. Unless you specifically submit radiation exposure data or determines that the test is destructive and notify us in writing of such determination at the point PO is placed, we consider this X-Ray test to be non-destructive. We may conduct other tests, including chemical decap, solderability, and heated chemical test which are considered destructive tests. We will furnish a report r upon request, or if required by contract, standard, or customer requirement, automatically as part of the transaction.

Force Majeure

No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached the Sales Terms, for any failure or delay in fulfilling or performing any Order (except for any of your obligations to make payments to Amtech Solutions hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion; or epidemic (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within three business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Governing Law and Jurisdiction

All matters relating to the Sale Terms or any Order, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Hong kong，China without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Sale Terms shall be instituted exclusively in the courts of the the Hong kong,China.

Arbitration

At Amtech Solutions’s sole discretion, it may require you to submit any disputes arising from these Sale Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Hong kong,China applying law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Waiver and Severability

No waiver by Amtech Solutions of any term or condition set out in these Sale Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amtech Solutions to assert a right or provision under these Sale Terms shall not constitute a waiver of such right or provision.

If any provision of these Sale Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Sale Terms will continue in full force and effect.

Entire Agreement

These Sales Terms, our Website Terms of Use, our Privacy Policy and the terms of any accepted Order will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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