Welcome to Atek Online

Terms and Conditions

Payment Terms: Net 30 Days to established accounts. Credit application must be submitted for approval. A service charge of 1.5% per month will be added to all overdue accounts. Should it be necessary for Atek to institute formal collection proceedings, Atek shall be entitled to recover its attorney fees and other costs associated with the proceedings.

These Terms and Conditions of Sale (Agreement) shall apply to all sales of products by Atek. Unless otherwise specified agreed in writing, any different or additional terms and conditions proposed by any customer in a purchase order are hereby rejected by Atek. Customer assent to these Terms and Conditions of Sale shall be conclusively presumed from customers ordering products by Atek number as shown in catalog.

Shipping Terms: F.O.B. Factory. All Claims for loss or damage in transit must be made by consignee to carrier within 30 days. Shipments shall be prepaid and allowed via surface freight on orders in excess of $2,500.00 to a single destination (within contiguous United States). Orders less than $5,000.00 will be assessed shipping and handling charge of 8% of order value. Minimum charge is $10.00. Minimum order is $50.00.

Returned Goods-Non-Defective: Request to return non-defective merchandise must be made within 90 days from the date of shipment and is subject to a 50% restocking charge. Only regular items in current line are returnable. Special, made to order, or discontinued merchandise is not subject to return. Returns of orders drop-shipped to job site will be limited to 10% of the original order.

All returned goods must be freight pre-paid and accompanied by a "Return Goods Authorization (RGA)" issued by Atek. Merchandise must be returned in the original factory sealed cartons in saleable condition. Returns must be made freight pre-paid within 45 days of the date of issuance of the RGA. Al merchandise returned is subject to inspection. Unsaleable and damaged merchandise will be credited at salvage value or less costs of repair. Atek reserves the right to issue credit at prices prevailing at time of shipment or time of return, whichever is lower, less the 50% restocking charge.

Return of Defective Products: All returned goods must be made freight pre-paid and accompanied by a "Returned Goods Authorization (RGA)" issued by Atek. Upon receipt, if product(s) are within one year of warranty period and Atek inspection prove that a defect in material and/or workmanship has occurred, Atek reserves the right to either repair or replace the product at no charge and will return the product freight prepaid. If the product is capable of repair, it will be repaired rather than replaced. Our warranty for merchantability for purposes intended as published elsewhere shall take effect for one year from the date of repair or replacement.

Routing: Atek will use its discretion in routing all shipments and reserves the right to select carrier and truck size. If any shipment made in accordance with Buyer's instructions shall incur additional labor or costs, such costs shall be paid by the Buyer as invoices are rendered.

Changes in Product Design: We reserve the right to change the design and construction of any product due to the changing component supply conditions without notice.

Security Interest: Atek shall retain all security interest on all goods sold until the final amount of the purchase price (including any service charge) has been paid by the Buyer. In the event Buyer shall default in payment of the purchase price, Atek shall have the right, in addition to and not exclusive of any other rights it may have under the Uniform Commercial Code or otherwise, to enter upon the premises where goods are located and retake possession thereof, without notice, free from any claims of the Buyer. At the request of Atek to file a financing statement signed only by Atek or such an assignee in all places where necessary or appropriate to perfect any security interest which Atek or such a signee might deem to have in all jurisdictions where such authorization is permitted.

Conditions of sale (Warranty): Atek warrants that its products are fit for the purpose(s) intended and not for any other purpose(s). This warranty does not apply to products which have been altered, subject to neglect, abuse, misuse, or accidents (including shipping damages).

Atek warrants that its products are free from defects in materials and workmanship. We will repair or replace defective merchandise without charge (at our sole discretion) for a period of one year from the date of the shipment. Batteries provided as part of unit equipment carry an additional warranty as listed elsewhere. This warranty does not apply to products not manufactured by Atek. This warranty is exclusive and in lieu of all other warranties, whether expressed, implied, or statutory.

Limitations of Liability: Atek is not responsible for special, indirect, incidental, or consequential damages, regardless of the form of action, strict liability, or tort, including negligence/not for loss of profits. Atek disclaims any liability for any claims or damage arising out of or connected with this agreement regarding the manufacture, sale, use, maintenance, repair, or modification of the products or replacement parts beyond the purchase price or the product. This limitation of liability shall apply to any liability for default or in connection with the product, parts, or service based on warranty. Failure or delay in delivery, or otherwise Atek also disclaims any liability for delays beyond our control and/or impossibility or performance.

Copyright © 2000 Atek Emergency Lighting, Inc. All rights reserved.
Maintained by Halyard Systems, Inc.
Revised: May 2004