Terms And Conditions

Acceptance of the Terms and Conditions.

These terms and conditions of use are entered into by and between You and Cortek Test Solutions, LLC (“Cortek Test Solutions,” “Cortek,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of https://www.cortektestsolutions.com, including any content, functionality, and services offered on or through https://www.cortektestsolutions.com (the “Website”).

Please read the Terms and Conditions carefully before you start to use the Website. By accessing the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy found at https://www.cortektestsolutions.com/privacy-policy. If you do not agree with these Terms and Conditions, you must not access or use the Website.

Order Terms and Conditions

These Cortek Test Solutions Terms and Conditions apply to each order placed with Cortek for goods and services, and supersede any other terms and conditions related to the order, unless specifically discussed and agreed to in writing. Issuance of an order with additions or changes to these terms will not become part of the order.

Access and Prohibited Uses

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. Permission is granted to temporarily download one copy of downloadable materials on Cortek Test Solutions’ website. This is the grant of a license, not a transfer of title. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website to modify or copy the materials to:

1. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
2. use the materials in any way that violates applicable federal, state, local, or international law or regulation;
3. impersonate or attempt to impersonate Cortek Test Solutions, a Cortek Test Solutions employee, another user, or any other person or entity;
4. use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website;
5. use any device, software, or routine that interferes with the proper working of the Website;
6. use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
7. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
8. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
9. attempt to decompile or reverse engineer any software contained on the Website;
10. remove any copyright or other proprietary notations from the materials;
11. transfer the materials to another person or “mirror” the materials on any other server; or
12. otherwise attempt to interfere with the proper working of the Website.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cortek Test Solutions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Terms of Sale

1. All prices are F.O.B. Cortek Test Solutions Facility unless otherwise indicated in the quotation.
2. Off the Shelf products may be purchased via credit card through our e-commerce website or via issuance of Purchase Order with payment. Standard terms for custom solutions are 50% deposit, balance due on receipt.  Interest will be charged at the rate of 1.5% per month or the maximum amount permitted under state law on balances unpaid after 30 days.
3. Standard payment method is ACH, wire, company check and credit card. For credit card payments, a 3% handling charge will be applied.
4. Prices and specifications are subject to change without notice.
5. Customers are responsible for all taxes and duties and invoiced accordingly.
6. We accept MasterCard, Visa Card, and American Express.
7. All online credit card orders are processed through a secure credit verification system and transactions are processed through a PCI compliant gateway.
8. Cortek Test Solutions reviews all orders for sales tax exemption compliance based on verification of customer’s stated resale number and/or sales tax exemption status.

 

How to Order

Orders for Off the Shelf products can be processed through our E-Commerce Store or via issue of Purchase Order emailed to [email protected].  To request custom solutions, please provide detail via Request For Quote or  [email protected] and a Sales Representative will contact you.

Sales Tax Compliance

Cortek Test Solutions is required to charge sales tax to customers in California unless a valid Resale Certificate of Tax Exemption Certificate is provided by the customer.  Customers who wrongfully supply invalid resale certifications will be reported to the tax revenue department.

Right of Refusal

Cortek Test Solutions reserves the right to refuse any order for any reason. Pricing may change without notice, and in some cases, pricing errors may occur on the website, due to calculation errors or suddenly fluctuations in market conditions.  It should be understood that mere placement of an order online, does not automatically imply that Cortek Test Solutions will accept the order as it appears on the order confirmation. Each order must be manually verified and accepted by Cortek Test Solutions at the price, delivery, and terms stated on the order confirmation. Cortek Test Solutions makes every attempt to provide the most comprehensive and up-to-date information to all customers. We will promptly notify the customer if there is any reason why we are unable to meet the terms and conditions of the order. While we make no financial guarantee that all prices & information are correct, we do assure our customers that we will not adjust the selling for on any confirmed order without the prior written consent and approval of the customer. Should a situation arise where we refuse an order for any reason, there shall be no financial recourse provided to the customer.

International Sales

International Sales require a minimum of $250.00 USD unless otherwise agreed upon by Cortek Test Solutions. Bank wire is required for payment prior to shipment.

Return Policy

All custom orders are non-cancelable and non-returnable.

Except as otherwise noted in this document and agreed upon by Cortek Test Solutions, all returns must be approved within 30 days and issued a RMA and will receive credit toward future purchases only.  All approved returns may be subject to a 25% restocking fee. Please email [email protected] or call 951.280.0371 to obtain a RMA number. No returns will be accepted without a RMA number.  Customer will be responsible for freight charges on all items.

Records Retention

Cortek Test Solutions will retain pursuant to applicable state and federal laws.

Governing Law

Any claim relating to the Website shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Riverside, although Cortek Test Solutions retains the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Limited Warranty And Service

1. During the Warranty Period (as defined below), Cortek Test Solutions will, at our option, either repair or replace any warranty-eligible product that proves to be defective, subject to the limitations described herein.
2. To exercise warranty or to request repair services, please call 951-280-0371. You will be given assistance and return instructions. Send the product, transportation prepaid, to the facility. Warranty coverage includes parts and labor to repair or replace the product at Cortek’s facility. On-site service is not included.
3. Cortek Test Solutions warrants the manufactured parts of custom test fixtures and test fixture kits for all parts and labor for 90 days from the date of purchase (the “Warranty Period”). The warranty excludes wearable items including but not limited to probes, bearings, pneumatic cylinders, etc.  Otherwise, no warranties, expressed or implied including any warranty of merchantability, are provided.   Customer modifications and alterations to any Cortek Test Solutions products will void any warranty.
4. For technical support via email, please contact the following [email protected].
5. Technical support return calls are based on best effort and are usually returned within 24 business hours.

 

Limitation of Warranty

Cortek Test Solution’s warranty is limited and does not apply to defects resulting from production error, mishandling or other types of misuse or changes made by customer of any product or component. Cortek is not responsible for improper hookup or usage or damage resulting from misapplication of the products. This warranty does not apply to fuses, software, non-rechargeable batteries, from battery leakage, problems arising from normal wear, or failure to follow instructions. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITY OF FITNESS FOR A PARTICULAR USE. THE REMEDIES PROVIDED HERIN ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES. NEITHER CORTEK TEST SOLUTIONS, LLC NOR ANY OF ITS EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENCIAL DAMAGE ARISING OUT OF THE USE OF ITS PRODUCTS EVEN IF CORTEK TEST SOLUTIONS, LLC. HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, SUCH EXCLUDED DAMAGES SHALL INCLUDE, BUT ARE NOT LIMITED TO: COSTS OF REMOVAL AND INSTALLATION, LOSSES SUSTAINED AS THE RESULT OF INJURY TO ANY PERSON, OR DAMAGE TO PROPERTY. WARRANTY SUPPORT INCLUDES TELEPHONE SUPPORT ONLY AND CUSTOMER RETURN-TO-FACTORY FOR INSTRUMENTS.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, DEVICE OR SYSTEM MALFUNCTIONS OR FAILURES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE ATTRIBUTABLE TO, ARISING OUT, OF OR RELATED TO ANY DAMAGE CAUSED TO THE GOODS FROM SHIPPING, ASSEMBLY, OR USAGE,  REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR WAIVER OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS PROVISION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT ANY LIABILITY IS INCURRED BY US, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR ENTIRE LIABILITY IN NO EVENT SHALL EXCEED THE TOTAL AMOUNT YOU PAID OR WERE CHARGED FOR THE GOODS GIVING RISE TO YOUR CLAIM.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, company name, logo, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Cortek Test Solutions, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Cortek Test Solutions. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Proprietary Products

All quotations are for delivery of the products and services described and purchased and does not include any rights to designs and related proprietary property of Cortek Test Solutions.  It may not be used for any other purpose, disclosed, modified, or provide to any third-party, without written permission. Fabrication information for these products is proprietary to Cortek Test Solutions.

Indemnification

You agree to defend, indemnify, and hold harmless Cortek Test Solutions, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

Revisions and Errata 

The materials appearing on this Website could include technical, typographical, or photographic errors. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Modifications to Terms and Conditions

Cortek Test Solutions may revise and update these Terms and Conditions at any time without notice. By using this Website, you are agreeing to be bound by the then-current version of these Terms and Conditions. Your continued use of this Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Forms

By submitting your information to us via a website form, you are agreeing to receive transactional and promotional emails and text messages from us and you accept responsibility for any data charges that may occur.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Waiver and Severability

No waiver by Cortek Test Solutions of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Cortek Test Solutions regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Employment

Cortek Test Solutions, LLC is an Equal Opportunity Employer of Minorities/Women/Veterans/Disabled. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, or protected veteran status, and will not be discriminated against on the basis of disability.