Terms and Conditions of Sale
OPTOMARKET.NET is owned by Khatod Optoelectronic Srl.
All orders for products and services in the OPTOMARKET.NET website are considered as KHATOD OPTOELECTRONIC Srl, in refer to these terms and conditions of sale. No other terms applied for the supply of products and services by KHATOD.COM will be agreed unless writing on authorised signatory of KHATOD OPTOELECTRONIC Srl. All descriptions of the products and services contained in the OPTOMARKET.NET website or communicated to the Customer are approximate and shall not form any part of the contract between KHATOD.COM and the Customer. KHATOD.COM may correct any errors in its website without liability to the Customer. The advertising of products and services in the OPTOMARKET.NET website constitutes an invitation by Khatod Optoelectronic Srl for the Customer to make an offer to purchase products and services. Nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
2. Acceptance and Cancellation of Orders
Acceptance of orders is subjected to written acknowledgement by Khatod Optoelectronic Srl. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by Khatod Optoelectronic Srl may be cancelled by customer only upon written consent of Khatod Optoelectronic Srl, provided the orders are not NCNR- Non cancellable Non-returnable. Customer requests to reschedule shipments are subject to acceptance by Khatod Optoelectronic Srl in its sole discretion. Also, orders cannot be cancelled or rescheduled after order has been submitted by Khatod Optoelectronic Srl to the shipment center. Right to allocate sales and limit quantities of selected products lies in Khatod Optoelectronic Srl ‘s reserve.
3. Credit Policy
Khatod Optoelectronic Srl is an Online portal operating on ” Pay and Purchase” model; Khatod Optoelectronic Srl does not entertain or extend credit to its customers Purchases and Payments can be made as per the instructions on website.
Returns are not encouraged by Khatod Optoelectronic Srl. However, under extraordinary circumstances returns maybe accepted, with Khatod Optoelectronic Srl written approval. This does not apply for Non-cancellable and Non-returnable orders.
We will not refund the order. If your products are not working well, you can contact our customer service at firstname.lastname@example.org
The prices of the products are as set out in the OPTOMARKET.NET website that is current at the date of despatch. All prices exclude VAT, which KHATOD.COM will add at the rate applicable at the date of despatch. KHATOD.COM reserves the right to change them without prior notice at any time.
OPTOMARKKET.NET allows payments through Visa, Mastercard and PayPal.
7. Sales Tax
All taxes as under the Italian law are applicable such as VAT.
8. Product Information
Khatod Optoelectronic Srl makes every effort to provide current and accurate information relating to products and prices but does not guarantee the currency or accuracy of any such information. Information relating to change of product information is subject to change without prior notice. Prices are subject to change at any time prior to change at any time prior to the Khatod Optoelectronic Srl completetion of order.
9. Late payments
You shall pay to Khatod Optoelectronic Srl all costs incurred by Khatod Optoelectronic Srl on any past due amount from you, including all court costs, collection costs, and lawyer’s fees. All cases are subject to Jurisdiction of Milano, Italy.
10. Out of Stock
If an or more products you order is out of stock at time of order placement, the shipment will be made once all the products will be available.
11. Export Compliance
All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of Italy. You agree to comply with all applicable export control laws, restrictions, regulations and orders from Italy or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, tranship, assign, use, or dispose of products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of Italy or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import products. Diversion contrary to Italian law is prohibited.
12. Return Policy
In most cases, Khatod Optoelectronic Srl will not accept merchandise returns but under special circumstances there will replacement of the product or refund your money at your option.
13. Limited Liability
In no event shall Khatod Optoelectronic Srl is liable for any special, incidental or consequential damages of any nature, including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from Khatod Optoelectronic Srl for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, contract or otherwise. Customers shall indemnify, defend and hold harmless from any claims brought by any other party regarding products supplied by Khatod Optoelectronic Srl and incorporated into the customer’s product.
Products are intended for commercial use only. Products are traceable to the OEM manufacturer and Lot/Date Code where available and when requested at the time of customer order. Khatod Optoelectronic Srl does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Customers are produced by the manufacturer or transcribed from information provided by the manufacturer. (1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that Khatod Optoelectronic Srl and the manufacturer of the products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Customer agrees to indemnify, defend and hold Khatod Optoelectronic Srl and the manufacturer of the products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with use or sale.
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge. Khatod Optoelectronic Srl shall have no responsibility or liability for the content or use of such statements or advice. Khatod Optoelectronic Srl’s Technical support is provided by telephone and, therefore, extremely limited in scope which prevents us from the direct participation in the design of any customer products.
14. Intellectual Property
If an order includes software or other intellectual property, such software or other intellectual property is provided by Khatod Optoelectronic Srl to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.
15. Force Majeure
Khatod Optoelectronic Srl will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Khatod Optoelectronic Srl ‘s time for delivery or performance will be extended by the period of such delay or Khatod Optoelectronic Srl may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.
16. Standard Delivery
Khatod Optoelectronic Srl will aim to deliver products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out in the OPTOMARKET.NET website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered, but the amount of order. Delivery will normally only be made to the Customer’s usual business address, unless otherwise agreed.
Times and dates for delivery quoted in the OPTOMARKET.NET website or by Khatod Optoelectronic Srl’s employees are approximate and Khatod Optoelectronic Srl shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked on the website as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer’s order.
If any delivery is late, the Customer must notify Khatod Optoelectronic Srl, and Khatod Optoelectronic Srl will ascertain if the product has been delivered or the expected delivery time of the product to the Customer. Khatod Optoelectronic Srl will also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable Khatod Optoelectronic Srl will also, at its discretion, offer an alternative delivery option. These are the Customer’s exclusive remedies for late delivery.
17. Inspection, Defects and Non-delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery, give notice to Khatod Optoelectronic Srl in detail of:
o Any defect in the product that is apparent on reasonable examination. In this case Khatod Optoelectronic Srl shall, at Khatod Optoelectronic Srl’s discretion, replace the products or refund the purchase price. In any case the Customer must refuse parcels delivered if it is damaged.
o Any delivery of products not in accordance with the order. In this case Khatod Optoelectronic Srl shall, at Khatod Optoelectronic Srl‘s discretion, replace the products or refund the purchase price.
o Any non-delivery of the products. In this case Khatod Optoelectronic Srl, at Khatod Optoelectronic Srl’s discretion, shall deliver the undelivered products or refund the price of the undelivered products.
o Any damaged packaged and concerning it should be not accepted by customer. If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Khatod Optoelectronic Srl’s record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer. The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order.
Khatod Optoelectronic Srl shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation in this Catalogue, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and to the fullest extent permitted by law excludes all liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.
19. Risk & Ownership
Risk of loss or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to Khatod Optoelectronic Srl from the Customer for those products have been received by Khatod Optoelectronic Srl. If the Customer is late in paying any sum to Khatod Optoelectronic Srl, then Khatod Optoelectronic Srl shall be entitled to the immediate return of all products where the ownership has not passed to the Customer.
The Customer authorises Khatod Optoelectronic Srl and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Khatod Optoelectronic Srl shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Khatod Optoelectronic Srl’s right to sue for the whole of the price.
The Company shall have a general lien in respect of all sums due from the Customer upon all Goods to be supplied to the Customer or upon which work has been done on the Customer’s behalf and upon 14 (fourteen) days written notice to the Customer, the Company may sell such Goods and apply the proceeds towards the satisfaction of any sums due to the Company.
All Contracts shall be governed by the laws of Italy. The Courts of Milano, Italy shall have jurisdiction to settle any disputes which may arise out of or in connection with these Conditions or any Contract.
22. Rights on the website
The Customer acknowledges that Khatod Optoelectronic Srl and its licensors own the intellectual property rights in the Khatod Optoelectronic Srl web sites, the web site content and the stock numbers, and that their whole or partial reproduction without Khatod Optoelectronic Srl’s prior written consent is prohibited.
23. Technical Assistance
Khatod Optoelectronic Srl offers its technical assistance and applications engineering solely as a convenience to Khatod Optoelectronic Srl customers. Khatod Optoelectronic Srl’s technical assistance and applications engineering personnel strive to provide useful information regarding the products. Khatod Optoelectronic Srl does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Khatod Optoelectronic Srl shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Khatod Optoelectronic Srl’s technical assistance and applications engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion.
24. Content Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Khatod Optoelectronic Srl therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. However, Khatod Optoelectronic Srl does not guarantee that any errors, inaccuracies or omissions will be corrected and is not obligated to make such corrections.
25. Support & Links – Third Party
Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Khatod Optoelectronic Srl of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Khatod Optoelectronic Srl is not responsible for the availability of any such websites and that Khatod Optoelectronic Srl does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.
26. Advertisements-Third Party
Any dealings with third parties (including advertisers) included within or available via a link from the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Khatod Optoelectronic Srl is not responsible or liable for any part of any such dealings or promotions.
27. Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service.
28. Geographic Limitation
Like most Internet websites, this Site is accessible worldwide. However, not all products or services offered by Khatod Optoelectronic Srl are available to all persons or in all geographic locations. Khatod Optoelectronic Srl reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
30. Trademarks and Logos
The supplies through the site maybe subject to Industrial property rights patents, knowhow, trademarks, copyright, design rights, utility rights, database rights, circuit layout rights and/or other rights of third parties. No rights, title or licences are granted to the Customer in the Intellectual Property of the Company, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law. All documents, data sheets, notes and product details are third party and Khatod Optoelectronic Srl may not be held wholly responsible for the accuracy.
31. Third Party Approvals
Khatod Optoelectronic Srl is registered to operate to the following standards ISO9001:2015.