1. Placing an Order

Partners shall place their orders by e-mailing soft copy of the Purchase Order (PO) to orders@atop.com.tw. We recommend to add your Sales Representative in the e-mail loop.

The purchase order has to highlight model number, part number, quantity, price, payment terms, desired EXW date, billing information, shipping address, and desired shipping method (please also add express account number, if applicable).

We reserve the right not to accept orders if terms differ from terms and conditions stated in the Partner’s distribution agreement or otherwise agreed with ATOP Sales Representatives in writing.

2. Contact ATOP

• Mailing address:
ATOP Technologies, Inc.
2F, No. 146, Sec. 1, Dongxing Rd.
30261, Zhubei City, Hsinchu County,
Taiwan (R.o.C)
• Telephone Numbers:
Head office: +886-3-550-8137
Fax: +886-3-550-8131
e-mail: info@atop.com.tw

3. Prices

Prices and specification are effective at time of publication and are subject to change without notice. Products may be discontinued. All prices are EXW Hsinchu, Taiwan (Incoterms 2010), in US dollars. Applicable taxes, insurance and freight are to be paid by the Buyer. Buyer shall pay all rigging, draying insurance and transportation charges if requested.

• Price Quotation
Unless otherwise stated on the quotation or otherwise agreed in writing by ATOP, all quotations expire after (10) days from the quotation date.

• Order of Precedence
These terms and conditions of sale and any attachments are subject to additional or different terms and conditions of the buyer, notice of objection is hereby given. Acceptance by Buyer is limited to these terms and conditions. Neither commencement of performance nor delivery by ATOP shall be deemed or constructed as acceptance by Buyer of additional or different terms and conditions.

Buyer’s purchase of ATOP Products hereunder represents acceptance of these terms and conditions of sale, and any attachments, which together constitute the entire understanding between the parties and supersede any prior oral or written communications, representations, or agreements between either party. No change or modification of any terms or conditions herein shall be effective or binding on either party unless in writing and signed by an authorized representative of each party.

• Non-Changeable, and Non-Cancellable
Any order for ATOP Products, special equipment or services will be deemed non-changeable and non-cancellable after 2 business days from the date ATOP issued the order confirmation. For cancellation or substantial changes to an order, ATOP shall charge Buyer an amount equal to the value of the order.

Waivers of cancellation fees are at the sole discretion of ATOP and previous waivers should not be considered valid precedent.

4. Quantity and OEM Discounts

Discounts are available for volume or OEM purchases on a stock-order or a blanket order basis. Interested parties can reach ATOP Sales representatives or an affiliated ATOP partner who can provide a volume quote subject to the relevant terms and conditions.

5. Payment and Open Accounts

Payment should be made in advance before shipment by Telegraphic Transfer in US Dollars, unless otherwise stated in the distribution agreement or agreed in writing with ATOP Sales Representatives.

6. Shipping

• Shipping Date
Shipments of any products purchases are subject to ATOP’s schedule. ATOP shall make all reasonable efforts to meet any delivery date(s) confirmed by Pro-Forma invoice upon receipt of the order. However, ATOP will not be liable for its failure to meet such dates.

• Shipping Method
ATOP ships via UPS, DHL, FedEx, and any other designated carrier upon request and the delivery is without insurance by default. If customers need to add insurance for the express delivery, please inform us in writing specifically, and you will be responsible for the additional cost of insurance. Please inspect all packages immediately upon receipt. Any damage or loss in transit should be noted on any delivery receipt and must be reported to ATOP promptly. The customer shall immediately file a claim against the carrier for any loss.

•  Force Majeure
ATOP shall not be liable for any delay or failure to fulfill its obligations in case delay or failure is caused by labor disputes, strikes, war, terrorist act, riots, insurrection, civil commotion, fire, flood, accident, storm, earthquake or any act of God, failure of supplies, or other caused beyond ATOP’s control.

7. Returns and Repairs

Customers shall always obtain an authorized “RMA” number from ATOP before returning merchandise for repair. Under normal use, sold products shall be replaced with new ones within 3 months of purchase. Shipping costs from the customer to ATOP will be reimbursed by ATOP. After 3 months, it is still within the warranty period, and it is up to ATOP to decide whether to replace the new one; normally, all parts and labor are free as long as the product is within the warranty period. After the warranty period, if the product is still in production, the customer has the opportunity to have ATOP handle the repair at the cost of parts and labor.

After three months of purchase, shipping cost from customer to ATOP will not be reimbursed, but shipping cost from ATOP to customer will be paid by ATOP.

Please review the latest RMA policy on: https://www.atoponline.com/erma-management/

8. Copyright Materials

Except with ATOP’s prior written consent otherwise, ATOP copyrighted materials (software or printed documentation) may not be copied or reproduced except for archival purposes to replace defective copies for program error verification.

9. Warranty

Products supplied by ATOP are covered under this warranty for sub-standard performance or defective workmanship. However, the warranty does not extend to Products damaged under circumstances including but not limited to the below:

a) Excessive forces or impacts
b) War or any Act of God: wind storm, fire, flood, electric shock, earthquake
c) Use of unqualified power supply, connectors, or unauthorized parts/kits
d) Replacement with unauthorized parts

THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. ATOP SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

See the ATOP Warranty Policy for more specific details.

10. Limitation of Remedies and Liability

The remedies provided herein are Buyer’s sole and exclusive remedies. In no event shall ATOP be liable for direct, indirect, special, incidental or consequential damages (including loss of Profits) whether based on tort of contract, or any other legal theory.

11. Miscellaneous

All notices and other communications set forth herein shall be in writing and sent by certified or registered mail, or by e-mail to the ATOP Sales Representatives, with orders@atop.com.tw in the cc loop.

Any dispute over interpretation or validity hereof shall be governed by the laws of the Republic of China (Taiwan). The parties hereby agree that the Hsinchu District Court shall have jurisdiction over the retail disputes arising from the Products sold hereunder.of.

Buyer agrees not to export purchased Products without ATOP’s prior written consent.

Zhubei, Taiwan, May 29 th 2023