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Welcome to SKY-TECH

Terms of Use

Overview

This ecommerce website is operated by SKY-TECH TAIWAN ELECTRONICS CO., LTD. Throughout the site, the terms “we”, “us” and “our” refer to SKY-TECH TAIWAN ELECTRONICS CO., LTD. The terms “you” and “your” refer to you, the person or entity using the site and purchasing any use or product. SKY-TECH TAIWAN ELECTRONICS CO., LTD offers this website, including all information, products, tools and uses available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By purchasing something from us, you engage in our “Use” and agree to be bound by the following terms and conditions (“Terms of Use” and “Terms”). These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Uses. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new products, features or tools which are added to the current website shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Shop Terms

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of 2

 

majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Use, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and/or access to the site.

General Conditions

We reserve the right to refuse Use to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Use, use of the Use, or access to the Use or any contact on the website through which the Use is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or 3

 

more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Use and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Use (or any part or content thereof) or any product without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Use.

Products or Uses (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Use to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Uses that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Use made on this site is void where prohibited.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or 4

 

per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-Party Links

Certain content, products and uses available via our Use may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or uses of third-parties. 5

 

We are not liable for any harm or damages related to the purchase or use of goods, Uses, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal e-mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Use or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information 6

 

Your submission of personal information through the website is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Use that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Use or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Use or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Use or on any related website, should be taken to indicate that all information in the Use or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site, its content, or any product you purchase from SKY-TECH TAIWAN ELECTRONICS CO., LTD: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including without limitation copyright and similar intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Use or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security 7

 

features of the Use or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Use or any related website for violating any of the prohibited uses.

Software License

SKY-TECH TAIWAN ELECTRONICS CO., LTDUser Agreement

This is a legally binding agreement between you and SKY-TECH TAIWAN ELECTRONICS CO., LTD. If you want to use SKY-TECH TAIWAN ELECTRONICS CO., LTD hardware or software, you must agree to these Terms of Use. Please read this summary, and the full terms below, carefully.

From time to time, SKY-TECH TAIWAN ELECTRONICS CO., LTD may change or amend these terms. If we do, we will notify you, either through the user interface, in an e-mail notification, or in some other reasonable way. If you keep using the software or hardware after the change becomes effective, you are agreeing to the changed terms.

The agreement between you and SKY-TECH TAIWAN ELECTRONICS CO., LTD described in this document starts when you purchase, download, or install any SKY-TECH TAIWAN ELECTRONICS CO., LTD hardware or software and it lasts until SKY-TECH TAIWAN ELECTRONICS CO., LTD provides you with notice that you are in breach of any of the terms. If SKY-TECH TAIWAN ELECTRONICS CO., LTD terminates the agreement, you must delete any SKY-TECH TAIWAN ELECTRONICS CO., LTD software–but some of the terms of the agreement, such as the limitation on warranties, will remain in effect.

We provide SKY-TECH TAIWAN ELECTRONICS CO., LTD software exclusively for use with authorized SKY-TECH TAIWAN ELECTRONICS CO., LTD 3D printing hardware. Use of SKY-TECH TAIWAN ELECTRONICS CO., LTD software with third-party hardware is not allowed under this agreement or 8

 

supported by SKY-TECH TAIWAN ELECTRONICS CO., LTD. We have the right under this agreement to gather automated reports of such unlicensed usage and to use technological measures to prevent the use of SKY-TECH TAIWAN ELECTRONICS CO., LTD software with unauthorized devices.

If we ever have a disagreement arising out of or relating to this agreement, or any alleged breach, it will be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If any part of this agreement is found to be contrary to law, then that provision will be construed as nearly as possible to reflect the intention of the parties with the other parts of the agreement remaining unchanged.

SKY-TECH TAIWAN ELECTRONICS CO., LTD believes its products work as intended, but you should not use any SKY-TECH TAIWAN ELECTRONICS CO., LTD hardware or software in any situations where health or safety might be at risk. In addition, SKY-TECH TAIWAN ELECTRONICS CO., LTD makes no representations regarding the fitness of SKY-TECH TAIWAN ELECTRONICS CO., LTD’s hardware or software for the design or construction of parts or components that may be subject to additional regulation in your jurisdiction, such as toys, weapons, or medical devices. In particular, SKY-TECH TAIWAN ELECTRONICS CO., LTD does not sell any product or Use intended or approved for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals. In no event shall SKY-TECH TAIWAN ELECTRONICS CO., LTD be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use SKY-TECH TAIWAN ELECTRONICS CO., LTD products for such purposes. In addition, SKY-TECH TAIWAN ELECTRONICS CO., LTD products should not be used by untrained or underage users. SKY-TECH TAIWAN ELECTRONICS CO., LTD disclaims any express or implied warranty of fitness for such usage.

During installation, SKY-TECH TAIWAN ELECTRONICS CO., LTD software may ask you to opt in to the collection of diagnostic information regarding your use of SKY-TECH TAIWAN ELECTRONICS CO., LTD’s software or hardware in order to help our engineers improve SKY-TECH TAIWAN ELECTRONICS 9

 

CO., LTD’s products. If you opt in, you agree that SKY-TECH TAIWAN ELECTRONICS CO., LTD may collect, maintain, and use information about the operation of SKY-TECH TAIWAN ELECTRONICS CO., LTD’s hardware and software, such as hardware serial numbers, print times, laser power levels, and 3D model sizes. No models, 3D geometry, or personal information will be collected without your additional and explicit consent.

SKY-TECH TAIWAN ELECTRONICS CO., LTDSoftware

SKY-TECH TAIWAN ELECTRONICS CO., LTD software is licensed, not sold. That means that SKY-TECH TAIWAN ELECTRONICS CO., LTD owns all of the rights in the software. It is allowing you to use, except for components such as open source libraries that have their own licenses and rules. By allowing you to use it, it does not mean we are transferring ownership to you. You may not break our software down to analyze it, modify it, use it with non-SKY-TECH TAIWAN ELECTRONICS CO., LTD products, or redistribute it without our consent. You may not rent, lease, or copy the software to others. You may not use our software with non-SKY-TECH TAIWAN ELECTRONICS CO., LTD hardware. In short, you agree to respect any and all copyrights and patents that apply to the software.

If you have questions regarding this agreement, or wish to obtain additional information, please send an e-mail to SKY-TECH TAIWAN ELECTRONICS CO., LTD: sales@sky-tech.com.tw.

Return Policy

SKY-TECH TAIWAN ELECTRONICS CO., LTD accepts returns for refunds or exchanges, subject to the following: 10

 

7DAYS

You can return purchased items to SKY-TECH TAIWAN ELECTRONICS CO., LTD within 7 days of the date they were shipped to you. After 7 days, we do not accept returns. See our Warranty Policy for warranty use and procedures.

RETURN TO MANUFACTURER AUTHORIZATION

Before returning an item, send SKY-TECH TAIWAN ELECTRONICS CO., LTD an e-mail: sales@sky-tech.com.tw to explain the reason for the return, the details of your original order, and whether you want a refund or an exchange. As appropriate, we will issue you an RMA number, which you need to include in the package for the returned item, along with a copy of the original order information. We do not accept returned items for which an RMA has not been issued.

CONDITION

The item must be unused, undamaged, complete with all parts and accessories, in the same condition you received it, and in its original packaging. Consumables, such as powder, binder, curing agent, and ink, will not be accepted if packaging is opened.

SHIPPING

Pack the item according to our instructions to prevent damage in transit. In case of a return for repair covered by our one-year warranty, SKY-TECH TAIWAN ELECTRONICS CO., LTD will cover the cost of shipping. For other 11

 

returns, insure the package for its value, as you will be responsible for damage in transit. Use a shipping Use that allows you to track the package. You are responsible for paying all shipping and insurance costs for the return shipment. If you are seeking an exchange, you will also be responsible for all costs of shipping the new item to you.

EXTRATERRITORIAL RETURNS

SKY-TECH TAIWAN ELECTRONICS CO., LTD is not responsible for any return shipping costs and any incidental fees or tariffs outside of our warranty. You should familiarize yourself with your region’s customs policies and shipping providers.

UPON RECEIPT

Once your return is received and inspected, we will send you an e-mail to notify you that we have received your returned item and whether your request for refund or exchange has been approved. We may charge a fee for missing or used accessories.

RESTOCKING FEE

For non-defective items, SKY-TECH TAIWAN ELECTRONICS CO., LTD charges a restocking fee equal to 15% of the original purchase price of each item returned. This fee will be deducted from your refund, or if you have requested an exchange, the fee will need to be received by SKY-TECH TAIWAN ELECTRONICS CO., LTD before the new item is shipped. 12

 

REFUND

Any order canceling before shipping, you have to pay restocking fee, order canceling handle charge, and refund transfer fee. Restocking fee equals to 15% of the original purchase price of each item returned. Order canceling handle charge equals to 10% of the original purchase price. Bank transfer fee equals to 2% of the original purchase price, and third-party platform transfer fee, like PayPal, equals to 4% of the original purchase price.

If a refund is approved, a credit will automatically be applied to your credit card or original method of payment. This refund amount equals the original purchase price minus restocking fee, every tax, every shipping cost of each item, every order canceling handle charge, and transfer fee. A refund may take some time to show in your records, so before contacting SKY-TECH TAIWAN ELECTRONICS CO., LTD, please check with your credit card company, bank, or other payment Use.

EXCHANGE

If an exchange is approved, we will ship the new item to you, after payment of any applicable restocking and shipping fees.

Exclusive and General Reseller Limited Warranty

SKY-TECH TAIWAN ELECTRONICS CO., LTD’s warranty obligations for all hardware products sold by SKY-TECH TAIWAN ELECTRONICS CO., LTD on this site are limited to the terms set forth below:

SKY-TECH TAIWAN ELECTRONICS CO., LTD warrants SKY-TECH TAIWAN ELECTRONICS CO., LTD-branded hardware products against defects in materials and workmanship under normal use for a period of seven (7) days from the date of retail purchase by the original end-user purchaser for the 3DPandoras or one (1) year from the date of retail purchase by the original end-user purchaser, for the 3DPandoras or Factory Reconditioned 13

 

3DPandoras (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at our sole option and to the extent permitted by law, SKY-TECH TAIWAN ELECTRONICS CO., LTD will either (1) send you a new part or a part reconditioned by SKY-TECH TAIWAN ELECTRONICS CO., LTD or that has been manufactured from new or useable used parts and is at least functionally equivalent to the original product for you to exchange or repair by yourself, or (2) refund the purchase price of the product. SKY-TECH TAIWAN ELECTRONICS CO., LTD may request that you replace defective parts with new or refurbished user-installable parts that SKY-TECH TAIWAN ELECTRONICS CO., LTD provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by SKY-TECH TAIWAN ELECTRONICS CO., LTD, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes SKY-TECH TAIWAN ELECTRONICS CO., LTD’s property. Parts provided by SKY-TECH TAIWAN ELECTRONICS CO., LTD in fulfillment of its warranty obligation must be used in products for which warranty Use is claimed. When a refund is given, the product for which the refund is provided must be returned to SKY-TECH TAIWAN ELECTRONICS CO., LTD and becomes SKY-TECH TAIWAN ELECTRONICS CO., LTD’s property.

Exclusions from and Limitation to Warranty

This Limited Warranty applies only to hardware products manufactured by or for SKY-TECH TAIWAN ELECTRONICS CO., LTD that can be identified by the “SKY-TECH TAIWAN ELECTRONICS CO., LTD” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-SKY-TECH TAIWAN ELECTRONICS CO., LTD hardware products or any software, even if packaged or sold with SKY-TECH TAIWAN ELECTRONICS CO., LTD hardware. Manufacturers, suppliers, or publishers, other than SKY-TECH TAIWAN ELECTRONICS CO., LTD, may provide their own warranties to the end user purchaser, but SKY-TECH TAIWAN ELECTRONICS CO., LTD, in so far as permitted by law, provides their products “as is”. Software distributed by SKY-TECH TAIWAN ELECTRONICS 14

 

CO., LTD with or without the SKY-TECH TAIWAN ELECTRONICS CO., LTD brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the Terms and Conditions for the software for details of your rights with respect to its use.

SKY-TECH TAIWAN ELECTRONICS CO., LTD does not warrant that the operation of the product will be uninterrupted or error-free. SKY-TECH TAIWAN ELECTRONICS CO., LTD is not responsible for damage arising from failure to follow instructions relating to the product's use.

This warranty does not apply: (a) to damage caused by use with non-SKY-TECH TAIWAN ELECTRONICS CO., LTD products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; to damage caused by operating the product outside the permitted or intended uses described by SKY-TECH TAIWAN ELECTRONICS CO., LTD; (d) to damage caused by Use (including upgrades and expansions) performed by anyone who is not a representative of SKY-TECH TAIWAN ELECTRONICS CO., LTD; (e) to a product or part that has been modified to alter functionality or capability without the written permission of SKY-TECH TAIWAN ELECTRONICS CO., LTD; (f) to consumable parts, unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents; or (h) if any SKY-TECH TAIWAN ELECTRONICS CO., LTD serial number has been removed or defaced. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. SKY-TECH TAIWAN ELECTRONICS CO., LTD’s RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT USE AS DETERMINED BY SKY-TECH TAIWAN ELECTRONICS CO., LTD IN ITS SOLE DISCRETION.

Disclaimer of Warranties; Limitation of Liability

Except as explicitly provided in these Terms, we do not guarantee, represent or warrant that your use of our Use or any SKY-TECH TAIWAN ELECTRONICS CO., LTD product will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Use or the product will be accurate or reliable. You agree that from time to time we may remove the Use for indefinite periods of time or cancel the Use at any time, without notice to you. 15

 

You expressly agree that your use of, or inability to use, the Use is at your sole risk. The Use and all products and Uses delivered to you through the Use are (except to the extent otherwise expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. No SKY-TECH TAIWAN ELECTRONICS CO., LTD reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, SKY-TECH TAIWAN ELECTRONICS CO., LTD IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA SHOPD OR USED WITH SKY-TECH TAIWAN ELECTRONICS CO., LTD PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA SHOPD ON THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 16

 

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Obtaining Warranty Use

Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty Use. If the product is still not functioning properly after making use of these resources, please send an e-mail to SKY-TECH TAIWAN ELECTRONICS CO., LTD: sales@sky-tech.com.tw. You must assist in diagnosing issues with your product and follow SKY-TECH TAIWAN ELECTRONICS CO., LTD’s warranty processes.

SKY-TECH TAIWAN ELECTRONICS CO., LTD may restrict Use, and provide warranty Use by sending you refurbished customer-installable replacement product or parts to enable you to use or exchange your own product (“DIY Use”). Printheads and print carriages, and inkjet print modules are out of warranty. Upon receipt of the replacement product or part, the original product or part becomes the property of SKY-TECH TAIWAN ELECTRONICS CO., LTD and you agree to follow instructions. When providing DIY Use requiring the return of the original product or part, SKY-TECH TAIWAN ELECTRONICS CO., LTD may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, SKY-TECH TAIWAN ELECTRONICS CO., LTD will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed, SKY-TECH TAIWAN ELECTRONICS CO., LTD will charge the credit card for the authorized amount.

Use options, parts availability, and response times may vary. Use options are subject to change at any time. In accordance with applicable law, SKY-TECH TAIWAN ELECTRONICS CO., LTD may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty Use. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty Use.

SKY-TECH TAIWAN ELECTRONICS CO., LTD will maintain and use customer information in accordance with the SKY-TECH TAIWAN 17

 

ELECTRONICS CO., LTD Privacy Policy. THE CONTENTS OF YOUR PRODUCT WILL BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY USE. Your product will be returned to you configured as originally purchased, subject to applicable updates.

Indemnification

You agree to indemnify, defend and hold harmless SKY-TECH TAIWAN ELECTRONICS CO., LTD and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Use providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Use, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this 18

 

agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Use (or any part thereof).

Miscellaneous Terms

ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Use constitutes the entire agreement and understanding between you and us and govern your use of the Use, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Use following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

FORCE MAJEURE

Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; 19

 

government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

ACTIONS PERMITTED

Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.

RELATIONSHIP OF THE PARTIES

SKY-TECH TAIWAN ELECTRONICS CO., LTD and you agree that no joint venture, partnership, employment, or agency relationship exists between you and SKY-TECH TAIWAN ELECTRONICS CO., LTD as a result of these Terms of Use or your use of the Use or purchase of any product.

COMPLIANCE WITH LAWS

SKY-TECH TAIWAN ELECTRONICS CO., LTD will comply with all applicable U.S. state and Federal laws in its provision of the Use and products you purchase on this site.

SEVERABILITY

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable 20

 

provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise expressly stated herein, these Terms of Use constitute the entire agreement between you and SKY-TECH TAIWAN ELECTRONICS CO., LTD with respect to the Use and any product you purchase from SKY-TECH TAIWAN ELECTRONICS CO., LTD and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and SKY-TECH TAIWAN ELECTRONICS CO., LTD objects to and rejects any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. SKY-TECH TAIWAN ELECTRONICS CO., LTD’s failure to object elsewhere to any provisions of any subsequent document, communication, or act of you shall not be deemed a waiver of any of the terms hereof. SKY-TECH TAIWAN ELECTRONICS CO., LTD’s obligations hereunder are neither contingent on the delivery of any future functionality or features of the Use nor dependent on any oral or written public comments made by SKY-TECH TAIWAN ELECTRONICS CO., LTD regarding future functionality or features of any product.

ASSIGNMENT

You will not assign or transfer your rights and obligations under these Terms of Use, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without SKY-TECH TAIWAN ELECTRONICS CO., LTD’s prior written consent. SKY-TECH TAIWAN ELECTRONICS CO., LTD may assign or transfer this agreement to any successor. 21

 

EXPORT

You agree to comply with all applicable export laws.

AUTHORITY

You represent and warrant to you have full power and authority to enter into any agreement to purchase a product under these Terms of Use and that these Terms of Use are binding upon you and enforceable in accordance with their terms.

Contact Information

Questions about these Terms of Use should be contacted with us: sales@sky-tech.com.tw.