Terms and conditions

General Terms and Conditions of ARKU Inc. (“ARKU”)

1. SCOPE

The following terms and conditions apply to all orders via the ARKU Shop. Our online shop is aimed exclusively at customers who are a natural or legal person who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

ARKU’s terms and conditions shall exclusively govern use of the ARKU Shop and any resulting sale. Unless ARKU has expressly agreed in writing, any conflicting terms and conditions are hereby rejected.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with ARKU, Inc., 7251 E. Kemper Road, Cincinnati, OH 45249.

The presentation of the products in the ARKU Shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first place our offered products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided for this purpose in the order process. By clicking on the button "Order with obligation to pay" you make a binding offer about thegoods contained in the shopping cart. The confirmation of receipt of your order takes place by e-mail immediately after sending the order to the e-mail address provided by you during registration for our shop.

ARKU shall be deemed to have accepted your oder offer within two days by:

• sending a declaration of acceptance in a separate e-mail, or

• having the goods delivered, or
• the payment transaction is carried out by the selected payment service provider.

The time of execution of the payment transaction depends on the selected payment method (see under "Payment").

They form of acceptance that applies to you depends on which of the above listed events occurs first.

3. CONTRACT LANGUAGE, STORAGE OF THE CONTRACT TEXT

The language available for the confirmation of the contract is English.

ARKU stores the text of the contract and sends you the order data and its terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. TERMS OF DELIVERY AND DELIVERY TIME

The product prices stated in the ARKU Shop do not include shipping costs. You can find out more about the amount of shipping costs in the offers.

We only deliver in certain shipping areas. Customer choosing a different delivery method other than what is offered by ARKU is not possible.

We do not deliver to PO box.

The delivery time is indicated on the item. The delivery time is valid from receipt of payment. If an item is not available, delivery times are available on request. If ARKU is unable to finish and ship the goods to customer on time or perform the services because of anything ARKU cannot reasonably control (such as acts of God, casualty, govermnet restrictions, supply chain disruptions, labor trouble, accidents, customer’s actions or unavailability of supplies or transportation), the estimated delivery time shall be extended accordingly, and ARKU shall not be liable to Buyer for any damages caused by the delay.

If an article is not available at short notice, we will inform you by e-mail about the expected delivery time.

5. PAYMENT

The following payment methods are available at the ARKU Shop:

PayPal

You must be registered with PayPal, log in with your access data and confirm the payment instruction to pay the invoice amount through the payment service provider PayPal. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

Alternatively, you can make a payment via PayPal with your credit card such as VISA or Mastercard without having to register with PayPal in advance.

Invoice

The invoice amount is due 14 days after receipt of the invoice and the good(s) by bank transfer to the bank account specified in the invoice. ARKU reserves the right to offer the purchase on account only after a successful credit check.
The customer shall have no right to withhold payment for any reason.

6. RIGHT OF WITHDRAWAL

ARKU does not grant customer a voluntary right to withdraw an order after an order has been accepted by ARKU.

7. RETENTION OF SECURITY INTEREST

ARKU retains a security interest in the good(s) until the invoice and all ARKU claims arising from the sale have been settled in full. You may resell the goods in the ordinary course of business; however, ARKU retains a security interest in all proceeds of such sale until the invoice and all ARKU claims relating to the sale have been paid in full.

8. TRANSPORT DAMAGE

The risk of accidental loss and accidental deterioration shall pass to customer as soon as ARKU has handed over the item to the freight forwarder, the carrier or the person otherwise designated to carry out the shipment.

9. LIMITED WARRANTIES

All goods and services sold on the ARKU Shop carry the following limited warranty: (i) a One (1) year limited warranty for services performed by ARKU beginning from the date the service is completed, (ii) a limited warranty extending One (1) year or Three Thousand Five Hundred (3,500) operating hours, whichever occurs first, for a new ARKU product purchased by customer and (iii) a limited warranty extending Sixty (60) days for a used ARKU product purchased by customer.

The limited warranty coverage for goods other than services begins on the date of delivery.

The limited warranty covers defects in materials or workmanship and excludes (i) normal wear and tear or environmental conditions, (ii) misuse, abuse, neglect, accidents, collision, fire, theft, freezing, vandalism, riot, explosion or objects striking the good, (iii) altering, disassembling or modifying the good or any of its parts, (iv) adding non-ARKU approved components to the good, (v) defects caused by or induced by failures, breakdowns or damage by other machines in the same facility, and (vi) acts of God, natural disasters and other similar causes.

As customer’s sole and exclusive remedy for the breach of the limited warranty described above, ARKU will either repair or replace the good(s) at its discretion and cost if the good(s) are found by ARKU to be defective in either material or workmanship. In no case will a refund be issued for goods or services covered by the limited warranty.

10. LIMITATIONS / EXCLUSION OF LIABILITY

ARKU MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE PROPER APPLICATION AND USE OF GOODS. ARKU SHALL

HAVE NO TORT LIABILITY TO CUSTOMER WITH RESPECT TO ANY OF THE GOODS, WHETHER NEW OR USED, AND ARKU SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM ANY PRODUCT DEFECT, DELAY, NON-DELIVERY, RECALL OR OTHER BREACH. CUSTOMER SHALL HAVE NO RIGHT OF REJECTION OR REVOCATION OF THE GOODS AFTER DELIVERY.

ARKU’S LIABILITY FOR ANY CAUSE OF ACTION, OF WHATEVER KIND AND NATURE, SHALL NOT EXCEED, AND IS HEREBY STRICTLY LIMITED TO, THE AMOUNT OF MONEYPAID BY CUSTOMER UNDER THE ORDER OUT OF WHICH THE LIABILITY AROSE.

ARKU IS NOT RESPONSIBLE FOR OBTAINING ANY PERMITS, INSPECTIONS OR LICENSES REQUIRED FOR DELIVERY, INSTALLATION OR OPERATION OF THE GOODS. ARKU MAKES NO PROMISE OR REPRESENTATION THAT THE GOODS WILL CONFORM TO ANY FEDERAL, STATE, LOCAL, FOREIGN OR OTHER LAWS, ORDINANCES, REGULATIONS, CODES OR STANDARDS.

11. INDEMNITY

Customer shall indemnify and hold ARKU harmless with respect to all damages, losses, claims and expenses, including court costs and reasonable attorney fees, that ARKU incurs as a result of any alleged or actual breach by customer of any of its obligations under these terms and conditions.

12. COPYRIGHTS

ARKU reserves the right of ownership and copyright to samples, cost estimates, drawings, etc. information of a physical and inefficial nature - also in electronic form; they may not be made available to third parties. ARKU undertakes to make information and documents designated as confidential by the customer accessible to third parties only with the customer's consent.

13. SOFTWARE LICENSE

Insofar as software is included in the scope of delivery, the customer is granted a non-exclusive right to use the delivered software including its documentation. It is made available for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited.

The customer may only reproduce, revise, translate or convert the software from the object code into the source code to the extent permitted by law. The customer undertakes not to remove manufacturer information - in particular copyright notices - or to change it without the prior express consent of ARKU.

All other rights to the software and the documentation, including the copies, remain with ARKU or the software supplier. The granting of sublicenses is not permitted.

14. TIME FOR BRINGING ACTION / CHOICE OF LAW /JURISDICTION

Any action by customer against ARKU for breach of any obligation of ARKU to customer or for any other claim arising out of or relating to the goods or their design, manufacture, sale or delivery must be brought within One (1) year after the date of delivery. If not brought within One (1) year after date of delivery, the claim shall be barred.

This order shall be considered to have been made in the State of Ohio, and it shall be governed by and interpreted according to Ohio law, without reference to its conflicts of law rules. Any action arising out of or relating to this agreement shall be brought in any state or federal court in or for Hamilton County, Ohio and customer irrevocably consents that any such court shall have personal jurisdiction over customer and waives any objection that these courts are an inconvenient forum.