Terms & Conditions
Returns
All returns must be authorized by Hytera US Inc. in writing and must have the Hytera US Inc. return goods authorization label affixed to the carton(s). All returns must be freight prepaid; otherwise, they will not be accepted. Returns may be subject to a 20% to 25% restocking fee. No returns are allowed for obsolete, unboxed, mishandled material, or models not appearing in the current Hytera US Inc price schedule. Special order products are sold on a non-returnable basis. Under no circumstances will Hytera US Inc be liable for incidental or consequential damages.
Warranty
Manufacturers’ warranties are provided for most products we sell. For non-Hytera US manufactured products, Hytera US Inc will assist you in seeking repair or replacement under the manufacturer’s warranty. Please contact our technical support department for assistance. Hytera US Inc makes no express or implied warranties, including the implied warranties of merchantability of fitness for a particular purpose with respect to any goods or services sold to you.
Damages of Shipment
Regardless of your shipping terms, Hytera US Inc will assist you if the merchandise is verified as damaged or lost in transit. If this occurs, you must take the following actions:
1. Do not accept a parcel that has a visibly damaged product or tampered Hytera US Inc package seal until the carrier, making the delivery, has endorsed the bill of lading with a statement indicating the extent of damage.
2. If damaged or lost merchandise is “concealed” and found after unpacking, retain all packing material and request that the carrier arrange an inspection
3. Weigh the individual package for discrepancy weight verification.
4. Notify Hytera US Inc immediately of any visible damages, so that we can provide you with assistance with filing a claim with the carrier.
1. Do not accept a parcel that has a visibly damaged product or tampered Hytera US Inc package seal until the carrier, making the delivery, has endorsed the bill of lading with a statement indicating the extent of damage.
2. If damaged or lost merchandise is “concealed” and found after unpacking, retain all packing material and request that the carrier arrange an inspection
3. Weigh the individual package for discrepancy weight verification.
4. Notify Hytera US Inc immediately of any visible damages, so that we can provide you with assistance with filing a claim with the carrier.
Exclusion of Liability for Damage
In no event shall Hytera US Inc be liable to you, under any cause of action or claim of any nature whatsoever, regardless of whether characterized as tort, negligence, contract, warranty or otherwise, for any loss of profits or economic loss, including but not limited to such losses as:
1. Wages paid to employees
2. Lost revenue
3. Lost use of equipment
4. Purchase, lease or other acquisition of replacement, substitute, or temporary equipment, facilities or services
5. Cost of capital
6. Cost or losses related to downtime
7. Manual labor cost
8. Any other indirect, incidental, special, consequential, or other similar damages arising out of a claim relating to your purchase of goods and/or services from Hytera US Inc., including losses resulting from your general or particular requirements or needs, whether or not Hytera US, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise.
Hytera US Inc liability shall in no event exceed the purchase price of the nonconforming goods or services giving rise to Hytera US Inc. liability to you.
1. Wages paid to employees
2. Lost revenue
3. Lost use of equipment
4. Purchase, lease or other acquisition of replacement, substitute, or temporary equipment, facilities or services
5. Cost of capital
6. Cost or losses related to downtime
7. Manual labor cost
8. Any other indirect, incidental, special, consequential, or other similar damages arising out of a claim relating to your purchase of goods and/or services from Hytera US Inc., including losses resulting from your general or particular requirements or needs, whether or not Hytera US, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise.
Hytera US Inc liability shall in no event exceed the purchase price of the nonconforming goods or services giving rise to Hytera US Inc. liability to you.
Choice of Law, Forum Selection & Amendment
The laws of Florida and California shall govern all dealings between Hytera US Inc, and you. Any legal or equitable action of whatever nature brought by you against Hytera US Inc arising out of or related in any respect to the agreement or any purchase order, or arising out of any dealing between Hytera US Inc and you, shall be brought solely in the applicable US district.
