Security

Buyer Terms and Conditions

Privacy Policy

As a policy we will not share individual customer or business information with any other business, organization or institution outside of Sector Labs.

We will, with your approval, send you periodic news on our web site and web store.  There will always be an "opt out" message on any general email that goes to you.  People can visit our web site without telling us who they are or revealing any personal information.  We do track "visits" to our site and analyze what parts of the site are used and not used, and for how long.  We also look at the keywords that people search for and the domains they come from. We use this data to look for trends and improve our site, and then we discard the data.

Sector Labs reserves the right to modify this privacy policy at any time without notice. We will reflect any such modifications in these Web pages.

Security (top)

Sector Labs Security protocols adhere to the latest US standards; your information is encrypted during your e-commerce sessions with Sector Labs.

Terms and Conditions (top)

1. Governing Terms.  All products and services offered for sale by Sector Labs, Inc. ("Sector Labs") are sold subject to the terms and conditions stated herein.  These terms and conditions shall apply to the sale of the products and/or services described in the Sector Labs Quotation, Sales Order, Invoice, or other contract documentation to which these terms and conditions are attached or incorporated by reference.  Except as expressly agreed by an authorized representative of Sector Labs in writing, no other terms and conditions, including any terms and conditions attached to, or contained within, Buyer's request for quotation, acknowledgment, purchase order or other contract documentation shall apply.  Buyer's acceptance of the products or services delivered by Sector Labs shall constitute an affirmation by Buyer that the terms and conditions set forth herein govern the purchase and sale of the goods or services.

2. Prices, Taxes, and Payment.  All prices are firm unless otherwise agreed to in writing.  Sector Labs reserves the right to change the prices and specifications of its products at any time without notice.  Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted or invoiced.  In the event Sector Labs is required to prepay any such tax, Buyer will reimburse Sector Labs.  Payment terms shall be net 30 days after shipment by Sector Labs.  An interest charge equal to 1 1/2% per month (18% per year) will be added to invoices outstanding beyond 30 days after shipment.  In addition, Sector Labs reserves the right to require pre-paid payment terms from any Buyer whose account is overdue for a period of more than 60 days or who has an unsatisfactory credit or payment record.  Sector Labs may also refuse to sell to any person until overdue accounts are paid in full.

3. Delivery and Shipment.  Sector Labs will make every effort to ship the products or provide the services hereunder in accordance with the requested delivery date, provided that Sector Labs accepts no liability for any losses or for general, special, or consequential damages arising out of delays in delivery.  All shipment costs shall be paid by Buyer, and if prepaid by Sector Labs, the amount thereof shall be reimbursed to Sector Labs.

4. Title.  Title to the products shall remain with Sector Labs until the occurrence of the following events:

a) when the point of origin of the shipment is within the country of destination, upon the shipment of the products from the Sector Labs facility;

b) when the point of origin of the shipment is not within the country of destination, upon the arrival of the products at the Port of Entry of the destination country.

5. Risk of Loss.  The risk of loss or damage to the products shall be assumed by Buyer upon the occurrence of the following events:

a) when the point of origin of the shipment is within the country of destination, upon the shipment of the products from the Sector Labs facility;

b) when the point of origin of the shipment is not within the country of destination, upon the arrival of the products at the Port of Entry of the destination country.

6. Inspection.  Buyer shall be responsible for inspecting all products shipped hereunder prior to acceptance, provided, that if, Buyer shall not have given Sector Labs written notice of rejection within 30 days following shipment to Buyer, the products shall be deemed to have been accepted by Buyer.

7. Disclaimer of Express and Implied Warranties.  The products shall be covered by the applicable Sector Labs standard warranty. 

NO OTHER EXPRESS OR IMPLIED WARRANTY IS MADE WITH RESPECT TO THE PRODUCTS.  SECTOR LABS EXPRESSLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

Any model or sample furnished to the Buyer is merely illustrative of the general type and quality of goods and does not represent that the products will conform to the model or sample.  Buyer's remedies under Sector Labs' warranty shall be limited to repair or replacement of the product or component thereof which failed to conform to Sector Labs' warranty.

8. Returned Merchandise Policy.  No products shipped under this Contract may be returned without the express prior authorization of Sector Labs. All returns of products are subject to a restocking charge. No returns will be authorized after 60 days following shipment to Buyer. Sector Labs will honor returns of defective product which are delivered to Sector Labs’ offices within the warranty period plus 20 days (for shipping time). Buyers seeking replacement products or a credit should return defective products to Sector Labs’ office no more than once per quarter (as a batch) along with a returned product report with dates of purchase, date returned by end user, and the reason reported for the return and the remedy requested. Sector Labs will provide replacement products or credit (at Buyer’s election) covering the verified returned products or based on vendor’s original order price.

9. Exports.  Buyer represents that it will not knowingly export, either directly or indirectly, any product or service to any country for which approval is required, without the prior written approval of the office of Export Administration of the U.S. Dept. of Commerce or any other applicable U.S. Government Agency.
 

10. Modifications, Waiver, Termination.  This Contract may be modified, and any breach hereunder may be waived, only by a writing signed by the party against whom enforcement thereof is sought.

11. Governing Law.  This Contract shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the State of California.

12. Arbitration.  Any and all disputes or controversies arising under, out of or in connection with this Contract or the sale or performance of the products or services shall be resolved by final and binding arbitration in San Francisco, California and said arbitration shall be governed by the laws of the state of California.  The arbitrators shall have no power to add to, subtract from or modify any of the terms or conditions of this Contract.

13. Limitation of Liability.  In no event shall Sector Labs (including its affiliates and subsidiaries) be liable for anticipated or lost profits or for special, punitive, indirect, incidental, or consequential damages. Sector Labs' total liability on any claim of any kind for any loss or damage whatsoever arising out of or in connection with or resulting from this Contract or from the performance or breach thereof shall in no case exceed the price allocable to the products or services or units thereof which gives rise to the claim.

14. Assignment.  Buyer shall not assign its rights or its obligations under this Contract without the written consent of Sector Labs.

15. Cancellation Prior to Shipment.  In the event Buyer requests that an order for products or services which it has placed with Sector Labs be cancelled prior to shipment, and with which request Sector Labs agrees, Buyer shall be liable to Sector Labs for all costs incurred by Sector Labs as a result of such cancellation, including but not limited to, cancellation costs to suppliers and unreimbursed advances on goods, if any, together with any specifically identifiable incidental and consequential expenses.

16. Performance.  Unless otherwise agreed to in writing, Sector Labs reserves the right to make design changes which Sector Labs believes will improve its products.  Sector Labs shall only charge Buyer for actual quantities shipped. Sector Labs' performance shall be excused in the event of strikes, accidents, fires, unavailability of materials and all other causes beyond the control of Sector Labs.

17. Tool Ownership.  All tools, dies, and patterns produced by or at the request of Sector Labs, or otherwise utilized by Sector Labs in the production of any products sold to Buyer, shall remain the exclusive property of Sector Labs.  Sector Labs reserves the right to advertise and/or sell any of the foregoing items and any of its products produced therewith, unless otherwise specifically agreed to in writing by an authorized representative of Sector Labs.

18. General Provisions.  The failure of Sector Labs to enforce at any time any of the provisions of this Contract, to exercise any election or option provided herein, or to require at any time performance by Buyer of any of the provisions herewith shall in no way be construed to be a waiver of any such provisions, or the right of Sector Labs thereafter to enforce each and every such provision.  This Contract contains the complete and exclusive statement of the agreement between the parties in connection with the subject products and/or services and supersedes any previous understandings, communications, commitments, or agreements, oral or written.  Buyer warrants that it has not offered or given and will not offer or give to any employee, agent or representative of Sector Labs any gratuity with a view toward influencing such person with respect to the terms, conditions or performance of this Contract or any contracts with Sector Labs.  Sector Labs and Buyer are independent contractors; neither is an agent or employee of the other or has any authority to assume or create any obligation or liability of any kind on behalf of the other.  Any provision of this Contract that is invalid or unenforceable under applicable laws with respect to a particular party or circumstance will be severed from this Contract with respect to such party or circumstance without invalidating the remainder of this Contract or the application of such provision to other persons or circumstances.  The headings used in this Contract have no legal effect.

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