Welcome to the Optimal Engineering Systems, Inc. (OES) Web Site ("Site").
Please review the following basic terms that govern your use of and purchase of
products from our Site. Please note that your use of our Site constitutes your
agreement to follow and be bound by those terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your
use of our Site following any such change constitutes your agreement to follow
and be bound by the terms as changed. We may change, move or delete portions of,
or may add to, our Site from time to time.
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs and written and other materials that appear as part of this
Site (collectively, the "Contents") are copyrights, trademarks, and/or
other intellectual properties owned, controlled or licensed collectively, and its parent company, subsidiaries
and/or affiliates. The Site as a whole is protected by copyright. The Contents
of our Site, and the Site as a whole, are intended solely for legitimate
business purposes to access the information provided at this Web site for the purchase of merchandise from the Site.
Optimal Engineering Systems, Inc.'s Communications to You
You agree that Optimal Engineering Systems, Inc. may send electronic mail to you
for the purpose of advising you of changes or additions to this Site, about any
of our products or services, or for such other purpose(s) as Optimal Engineering Systems,
Limitation of Liability
Optimal Engineering Systems, Inc.
(OES) hardware and software are high quality commercial grade products. Any use of our products in an application where life or safety is at risk must be evaluated and verified by the user proir to implementing the product.
Optimal Engineering Systems, Inc. assumes no risk or liability for
results of the use of products purchased from it, in combination
with any mechanical, electrical or electronic components, circuits,
assemblies, systems or any other material or substances, or
unsuitability of any product for use in any circuit or assembly or
In no event shall Optimal
Engineering Systems, Inc. be liable to any customer for costs or
damages, including lost profits, lost savings or other incidental or
consequential damages arising out of the use or inability to use
such products even if Optimal Engineering Systems, Inc. or an
authorized Optimal Engineering Systems, Inc. representative has been
advised of the possibility of such damages, or for any claim by any
other party. In any event, Optimal Engineering Systems liability
arising in any manner in connection with the products, whether based
in contract, product liability or tort, shall not exceed the
purchase price of the product.
The prices displayed at the Site are quoted in U.S. Dollars.
A charge of 8% will be added to the credit card orders.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources,
the availability and content of which Optimal Engineering Systems, Inc. does not
control, any concerns regarding any such service or resource, or any link
thereto, should be directed to the particular outside service or resource.
This Site and all contents of the site are provided on an "as is"
basis without warranties of any kind, either expressed or implied, including
without limitation warranties of title or implied warranties of merchantability
or fitness for a particular purpose.
You acknowledge, by your use of the site, that your use of the site is solely
at your own risk, that you assume full responsibility for all costs associated
with all necessary servicing or repairs of anything you use in connection with
your use of our site, and that Optimal Engineering Systems, Inc. shall not be
liable for any damages of any kind related to your use of this site.
You agree to defend, indemnify and hold Optimal Engineering Systems, Inc. harmless from any and all claims, damages, costs and expenses, including
attorneys' fees arising from or related to your use of the Site.
Trademarks And Copyrights
Purchaser acknowledges that it has no right, title or interest in the trademarks
or copyrights in the products, and Purchaser covenants that it will take no
action to register or otherwise interfere with such rights.
This Agreement shall be construed in accordance with the laws of the State of
California, without regard to any conflict of law provisions. Any dispute
arising under this Agreement shall be resolved exclusively by the state and
federal courts of the State of California, County of Los Angeles. OES does not
accept purchase orders with Terms and Conditions.
This Agreement is effective unless and until terminated . Optimal Engineering Systems,
may terminate this Agreement at
any time and may do so immediately without notice, and accordingly deny you
access to the Site, if in Optimal Engineering Systems, Inc.'s sole discretion
you fail to comply with any term or provision of this Agreement.
Any cancellation must be approved , and may
be subject to restocking and other charges.
All sales are final.
The defective units must be returned 100 percent complete in original
package and contain all manuals, blank warranty cards (if any) and other
accessories and documentation provided by the manufacturer.
Please call our Returns Department to obtain a Return Merchandise
Authorization (RMA) number before shipping your product. No returns of any type
will be accepted without an RMA number.
Customer is responsible for shipping charges on returned items. For your
protection, Optimal Engineering Systems, Inc. strongly recommends you fully
insure your return shipment and you use a carrier that can provide you with
proof of delivery.
If, when merchandise is delivered, it appears to be damaged, it is best to
refuse delivery. If you accept the package make sure the damage is noted on
the carrier's delivery record in order for Optimal Engineering Systems, Inc. to
file a damage claim. Save the merchandise and the original box and packaging it
arrived in, notify Optimal Engineering Systems, Inc. immediately to arrange for
a carrier inspection and a pick up of damaged merchandise.
Buyer agrees that neither buyer nor its subsidiaries shall export,
re-export, or release, directly or indirectly, any product, technology
or software received from Moticont to any destination or country to
which the export, re-export or release of the product, technology or
software is prohibited by the United States government.