Policies & Disclosures
Sales terms, conditions, and warranty
DEFINITION: As used herein: “Seller” means Memsense, 2693D Commerce Road, Rapid City, SD 57702. “Buyer“ means the party purchasing Product(s) from the Seller. “Product” means all articles, materials, work or services offered by the Seller and described in the accompanying quotation, acknowledgement, invoice, or other Seller form. “Order” means any purchase Order or contract issued by the Buyer for Products provided by the Seller.
ACCEPTANCE: By purchasing Product from Seller, Buyer agrees to be bound by these Sales Terms, Conditions, and Warranty. Seller shall not be bound by any other terms of sale or service. This Sales Terms, Conditions, and Warranty agreement shall supersede all other agreements made, expressed or implied, in communications between Seller and Buyer.
WARRANTY: Seller warrants that the Products will be free from defects in material and workmanship and conform in all material respects to their applicable specifications for a period of one (1) year from the date of delivery (“Warranty Period”), when operated under normal conditions and in accordance with their applicable specifications. For any breach of this warranty, Seller will, at its option and expense and as its sole obligation, and as Buyer’s exclusive remedy, repair or replace any defective Product returned to Seller during the Warranty Period, provided that an examination by Seller discloses to Seller’s reasonable satisfaction that a defect is covered by this warranty. This warranty does not apply to any Products that have been (i) subject to misuse, neglect, or abuse, (ii) improperly installed or maintained, or (iii) repaired or altered by anyone other than Seller. The warranty period for Products repaired or replaced under this warranty shall be limited to the components repaired or replaced and shall run for a period of one hundred and eighty (180) days from the date of delivery or the balance of the original one (1) year Warranty Period (excluding the time the Products were out of service and in Seller’s plant), whichever is longer. EXCEPT AS STATED IN THIS SECTION, SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, ANDSPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
LIMITATION OF LIABILITIES: In no event shall Seller be liable to Buyer or any third party for consequential, indirect, punitive, special, or incidental damages (including but not limited to loss of profits) arising from or relating to the sale, delivery or use of the Products. Seller’s total cumulative liability under this Agreement to Buyer or any third party (including indemnity obligations), whether in contract or tort or otherwise, will not exceed the amount paid by Buyer to Seller for the Product sold hereunder giving rise to such liability.
DELAYS: Delivery times quoted are estimates only. Seller shall not be liable for delay in delivery or for failure to manufacture, due to causes beyond its reasonable control, including but not limited to acts of God, acts of any government, acts of civil or military authority, acts of Buyer, application of US Government priorities, Government delays in granting Export Licenses, fires, strikes, floods, war, terrorism, riot or civil commotion, delays in transportation, difficulty in obtaining necessary labor or materials. In the event of any such delay, date of delivery shall be extended for a period of time equal to that lost by reason of the delay.
TAXES: Prices do not include sales or excise tax, VAT, duties or other governmental charges resulting from this transaction or the manufacture, sale, ownership, possession, or use of the Products, all of which must be paid by Buyer. Buyer shall provide Seller a tax exemption certificate acceptable to the taxing authorities.
SHIPMENT: Title to all purchased material and risk of loss therefore is passed from Seller to Buyer at the time of shipment from Seller’s facility. Unless otherwise agreed upon in writing, all purchased material will be shipped uninsured. Seller may request partial shipment and invoice therefore. Buyer is responsible for all shipment charges.
EXPORT LICENSE: Buyer will comply with all applicable export and import control laws and regulations in its use of the Products and Buyer will not export or re-export the Products or any technical data or confidential information derived from or pertaining to the Products without all required United States and foreign government licenses.
NCNR: Unless explicitly stated by Seller, after the order is placed there is no cancelation or refund. All sales are finial.
ENTIRE AGREEMENT: Acceptance of these Sales Terms, Conditions, and Warranty shall constitute the entire Agreement between Seller and Buyer with regard to the Order of Product.
VENUE: Any proceeding brought to enforce this agreement shall be brought in the state of South Dakota.
Privacy Policy
This Privacy Policy governs the manner in which Memsense, LLC collects, uses, maintains and discloses information collected from users (each, a “User”) of the Memsense.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Memsense, LLC.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and credit card information.
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Memsense, LLC collects and uses Users personal information for the following purposes:
- To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs. - To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. - To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you. - To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. - To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Changes to this privacy policy
Memsense, LLC has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page,. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Memsense, LLC
2693D Commerce Rd, Rapid City, SD 57702
605 342-2553
info@memsense.com
Certificate of Registration
