These terms and conditions constitute the fluke test equipment (Shanghai) co., LTD and its associated companies to provide goods and related warranty service in general terms and conditions.
In these terms and conditions:
"Associated companies", personally, is directly or indirectly through one or more intermediaries controls, or controlled by person, or jointly with the person directly or indirectly control of any entity.
"control", in terms of entity, is refers to the control of the entity's board of directors (or other governing body) composition, the entity of the majority of the voting stock of voting rights, or the ability to manage the affairs of the entity (whether or not it have the law enforcement effect), either by direct or indirect way, via voting securities, contract or otherwise.
"The buyer"Is refers to the 雷竞技apppurchase order or otherwise require Fluke to provide goods as a legal person or natural person.
"雷竞技app"Refers to accept the buyer雷竞技app's purchase order or otherwise agreed to supply goods to the buyer the Fluke group legal entities.
"雷竞技appService center"Ref雷竞技appers to the authorized for Fluke products provide warranty service of Fluke Fluke's premises or the third party's premises.
The scope of such terms
雷竞技appFluke guarantee to provide the goods and related services bound by these terms and conditions, the buyer and the Fluke written consent of the other terms and conditions applicable to such offer except in the case of the behavior.If the terms of the buyer's orders or regulations do not a雷竞技appgree with such terms and conditions, or beyond the scope of such terms and conditions, the buyer of the order of the terms or provisions not binding, except in the case a Fluke accepted in writing.雷竞技appFluke is not contained in the communication to the buyer of any terms and conditions, shall be deemed acceptance of these terms and conditions.If the arbitration institutions, the jurisdiction of a court or other institutions announced such terms or conditions in any invalid or unenforceable, the rest of the terms and conditions shall continue to have full effect.
The order
Only雷竞技app in the Fluke confirmation, a written order confirmation order to binding Fluke.
delivery
The 雷竞技appbuyer with Fluke Fluke then provide goods delivery terms will be indicated on the order confirmation of Fluke.Unless otherwise specified, apply to the international chamber of commerce released the 2020 edition of "incoterms" mentioned in terms of delivery.
According to the agreed delivery terms and risks of loss or damage to the goods will be delivered to site transferred to the buyer.雷竞技appFluke retain ownership of all goods delivered to the buyer, until the full payment Fluke received goods purchase price.
雷竞技appFluke assigned to the buyer of the delivery date for the estimated date, not binding;It mu雷竞技appst be from a Fluke calculated from the date of confirmation of order in writing, or if the request to open an l/c, since the bank to notify the Fluke it had calculated from the date of open the l/c according to the requirements of Fluke.雷竞技appFluke in the shipment of the goods ready for shipment to rights.
Complaints and returns
The buyer shall within 14 days after receipt of goods in 雷竞技appwritten form puts forward goods delivery errors and/or goods any complaints significantly damaged during delivery, if agreed to return, should deliver goods in accordance with the instruction of the Fluke, and advance notice, state the reason for the return and the Fluke invoice date and number.All returned goods must be handled insurance, freight prepaid, and use the original packaging packaging.
pay
The 雷竞技appbuyer with Fluke Fluke then provide goods payment terms shall be indicated on the order confirmation and invoice of Fluke, and bound by the following conditions:
(a) l/c.pay应采用保兑的、不可撤销的信用证,由采用国际商会跟单信用证统一惯例的一级银行开立,以 Fluke 为受益方。
(b) the deposit.Payment must include a show in the quotation is expected to freight and transportation costs.The cost of the overpayment will be refunded.
(c) open an account.Payment shall be indicated in the order confirmation and invoice payment within the time limit, if not otherwise specified on the invoice, should be calculated from the date of the bill opens, for 100% of invoice value.
test
雷竞技appFluke production/provide the goods carefully check, and when feasible, completed by Fluke standard testing before shipment.If you need any special test or need to test the presence of the buyer or its representative, are such tests must be specified when placing order by the buyer, unless otherwise agreed, otherwise should be performed before shipment;All the cost associated with such tests will be plus.If the buyer after receipt of the goods ready for the test of 14 days notice delay to attend such tests, the test will be conducted in the absence of the buyer, and should be considered when testing the buyer is present.
The installation
Unless other雷竞技appwise expressly agreed upon, or any goods provided by Fluke installation costs are not included in any offer.
cancel
Wit雷竞技apphout the written consent of Fluke shall not cancel or reschedule orders, moreover, to cancel or reschedule the cost of the order will be decided by a Fluke.
Export regulations
雷竞技appFluke when selling products and technology must comply with the national and the European Union and the United States export control laws and regulations.In applicable cases, the order depends on whether be granted an export license or other relevan雷竞技appt government required permission, in this case, the buyer may not directly or indirectly to limit such laws and regulations by the United States or other countries export, re-export, or transportation of any country or user export, re-export, or transportation of Fluke products or technology, unless prior any necessary government permission, authorization, certification or approval.Are strictly prohibited in the design, production, use o雷竞技appr storage of chemical, biological, or nuclear weapons or missiles of any related activities directly or indirectly, use, sale, re-export, delivery, or transported Fluke products and technologies.The buye雷竞技appr agree to abide by the Fluke supply of goods and/or any end user warranty services provided to Fluke and/or end use statement or statements.If the buyer (actual or suspected violation of the export 雷竞技appcontrol laws, regulations, or the buyer (including its owners, employees, officials from the United States, the European Union sanctions or national export controls, Fluke can cancel or suspend the confirmed order, without the buyer undertake any responsibility.Any violation of雷竞技app export control laws and regulations of Fluke products sold couldn't get a Fluke maintenance or support.Therefore, the warranty is void of any such products.
Permissible delay
If such delay雷竞技app, directly or indirectly, by a Fluke supplier's delay or fail to deliver, fires, floods, disease outbreaks, epidemics, accidents, violence, war, government intervention, export control sanctions or embargoes, strikes or labor shortages, or other causes beyond the seller's control (whether or not similar to the above reasons lead to, or need a Fluke bear reasonable expenses not to avoid, the Fluke shall have no liability for such delivery or delay the shoe not single.As long as such cause delay shoe order, delivery shall be deemed to be suspended.雷竞技appFluke and the buyer agreed to accept after such reason to remedy, in a reasonable amount of time of delivery.
Design changes
雷竞技appFluke and their suppliers keep in the case of without notice at any time change product design or specifications of the rights.
software
Software delivery will follow with the software or provide such software with any terms and conditions of the end user license agreement.If there is no such 雷竞技appsoftware provided the end user license agreement, Fluke company awarded to the buyer on a single product using the software of permanent, non-exclusive license to order.The owner雷竞技appship of the software belongs to the Fluke company or its licensor.If the b雷竞技appuyer in the case of without the consent of the Fluke companies disclosed to others or in violation of the software when the software included with the terms, conditions and restrictions, the license will be terminated.Can make backup copies of the software, and the buyer can be described in the transfer of a single product unit at the same time the software license again.Not suggest and ban retract or otherwise awarded this clause expressly granted any right or license.This software reverse engineering, modify, or the buyer shall not make derivatives.雷竞技appFirmware of Fluke hardware products may contain or with open source software components.The use of such open source components bound by the applicable open source software license terms.雷竞技appFluke will provide these terms to the buyer.
Key o雷竞技appperation to the security of using a Fluke generates Fluke products, Fluke will pass to the buyer (or the authorized agent of the buyer) to provide a safe key security key way of delivery.Sin雷竞技appce then, the loss of the Fluke wrong keys, leaking or change any responsibility, also is under no obligation to provide security keys.
The warranty
雷竞技appFluke assure the buyer that under the condition of normal use and operation, Fluke every hardware products there is no material and technology of the defects.Warranty period accord雷竞技apping to each product in the attached file regulation, starting from the date of shipment from Fluke products.Spare parts warranty period for 90 days.This warranty does雷竞技app not apply to fuse, disposable batteries or Fluke that due to accident or abnormal operation or handling and misused, alteration, neglect or damage of any product, or by the service center of Fluke anyone outside repair, maintenance or otherwise provide any product service.
Accompanying the 雷竞技append user license agreement specified in the Fluke software related warranty terms.If the software doesn't come with the en雷竞技appd user license agreement, or with the end user license agreement does not contain any warranty, Fluke software is provided "as-is", without any express or implied, including but not limited to, marketability, suitable for a particular purpose, ownership, access to calm and non-infringement, guarantee.雷竞技appFluke does not guarantee that the software will also meet the requirements of the buyer, there are no errors or software, run, not break, also does not guarantee that the software can be and not by a Fluke designated third party system to realize interoperability and compatibility.
All third party equipment, software and services are provided according to the "as-is", does not provide any guarantee, express or implied, including but not limited to, marketability, suitable for a particular purpose, ownership, access to calm and non-infringement, guarantee.雷竞技appFluke will make commercially reasonable efforts to transfer to the buyer or on behalf of the buyer to perform received from a third party is associated with such equipment, software or services of any warranty and remedial measures.
In the ap雷竞技appplicable warranty period, Fluke warranty obligation is limited to Fluke Fluke to choose refund buyer pay the purchase money, return or free repair or replacement of defective products, unless the Fluke notice, otherwise the Fluke's warranty obligations in only buy products from Fluke country/region.When in a country/region to buy雷竞技app the product will be sent to another country/region for repair, Fluke reserves issued to the buyer import and export rights, artificial cost and replacement parts invoice.For the purpose of this clause, the eu will be regarded as a country.Within the scope of the applicable laws allow 雷竞技appmaximum, explicitly exclude the buyer of any other statutory rights (including but not limited to: a) the buyer arranged under the condition of the Fluke to assume risks and costs to remedy defects;Or b) for the buyer for testing and to remedy defects, dismantle and/or replace the product costs and expenses arising out of and/or related labor and transportation costs).
If you want to o雷竞技appbtain warranty service, must contact purchase country recent Fluke Fluke products service center.Unles雷竞技apps the Fluke service center to charge the product received a notice, otherwise the buyer must be products (attached instructions and indicate the return authorization number) of the Fluke service center to provide transport to the service center of Fluke, freight, insurance premium, and all other fees in advance by the buyer.雷竞技appFluke does not assume the risk of product damage or loss in transit.If 雷竞技appFluke to determine damage, defect or failure is handled by misuse, alteration, operation or caused by accident or abnormal situation such as, Fluke expected maintenance cost will be provided to and authorized before start working.After completion, repair or replacement products will be applied according to the original refund to the buyer to buy the same delivery terms.
Maximum allowable range under applicable law, this warranty is the only exclusive remedies, the buyer and replace all other express or implied warranty, including but not limited to any about implied warranty of merchantability, suitable for a particular purpose.
responsibility
In applicable laws allow maximum range: (a) due to breach of warranty or under the雷竞技app contract, tort (including negligence), dependent on any other legal theory or due to any other legal theory for any indirect damage or loss, including loss of data, Fluke does not assume responsibility;And (b)雷竞技app Fluke responsible for direct damage or losses, whether such damage or loss due to breach of warranty or directly based on contract, tort (including negligence), dependent on any other legal theory or due to any other legal theory, should be limited to the value of the delivered goods according to buyer's order.
The transfer
Wit雷竞技apphout prior written approval of the Fluke, shall not transfer any rights or obligations associated with the order.
Legal interpretation
These terms and co雷竞技appnditions and the applicable contract should be registered under Fluke company to interpret the laws of a country/region.
On May 20, 2022 revision