Terms and conditions

Terms and Conditions

Effective Date: September 1, 2021

Introduction

These Terms and Conditions (the “Terms”) govern the use of akiragi.com (the “Site”) and all transactions conducted through the Site, owned and operated by Akira Global, LLC (“Akira Global”) and Akira Aerospace, LLC (“Akira Aerospace”) (collectively, “Akira,” or the “Companies”). By accessing or using the Site, or engaging in transactions with us, you agree to these Terms. If you do not agree, please refrain from using the Site.

Note: These Terms contain legal provisions related to dispute resolution, liability, product use, and more—please read carefully.

1. Scope and Acceptance

These Terms apply to all users, customers, and visitors of the Site, as well as all sales of products and services (“Products”). All sales are subject to a fully executed quote or written agreement (“Agreement”). In case of any conflict between these Terms and any customer documentation or purchase order (“Order”), the terms of the relevant Quote or Agreement shall prevail.

The failure of Akira to object to any conflicting or additional terms in customer documents does not constitute acceptance or a change to these Terms.

2. Orders

  • All Orders are subject to acceptance by Akira.
  • Akira reserves the right to allocate Products among its customers and to refuse or limit Orders.
  • Accepted Orders are non-cancelable and non-returnable (“NCNR”).
  • Customer may not cancel or reschedule Orders without prior written approval from Akira.
  • Performance of any value-added services may void manufacturer’s warranties and make Products non-returnable.

3. Pricing

  • Quoted prices are valid for 30 days unless otherwise specified in the Quote.
  • Prices are exclusive of applicable taxes, duties, shipping, handling, and other charges, all of which are the Customer’s responsibility.
  • Akira may increase prices due to supply chain disruptions, cost increases, or other circumstances beyond its control.

4. Payment Terms

  • Payment shall be made according to the payment schedule specified in the Quote.
  • Past due invoices may accrue interest at 5% per month (or the maximum permitted by law), plus collection costs and legal fees.
  • Akira may alter credit terms at any time and may apply payments to any Customer account.

5. Delivery & Title

  • Customer is responsible for all shipping costs, surcharges, and import duties.
  • Title and risk of loss transfer to Customer upon delivery of Products to the carrier.
  • Delivery dates are estimates only; Akira is not liable for delays.
  • Partial shipments are permitted, and Customer shall accept and pay for delivered Goods.
  • Delayed delivery of part of an Order does not entitle Customer to cancel other parts.

6. Acceptance and Returns

  • Customer must notify Akira in writing within 15 days of delivery of any non-conformance with manufacturer’s specifications, supported by an approved third-party lab report.
  • After 15 days, Products are deemed accepted unless a defect is reported and recognized by Akira.
  • Returns require an RMA (Return Material Authorization).
  • Products must be in original packaging, freight prepaid and returned with the RMA.
  • Non-eligible returns may be shipped back freight collect or held at Customer’s expense.

7. Product Traceability & Certifications

  • Products sold may not include a Certificate of Conformance (“CFC”) unless explicitly provided.
  • Certain Products lack traceability documentation unless documented in the Order.

8. Warranties & Limitation of Liability

  • Akira will transfer to Customer any factory warranties and indemnities provided by the manufacturer or third-party suppliers.
  • Products will conform to manufacturer specifications; value-added work will meet Customer’s specifications.
  • Warranty options include repair, replacement, or refund if Products do not meet specifications, provided Products are returned within 30 days of delivery with proof of purchase.
  • No implied warranties for merchantability, fitness for a particular purpose, or non-infringement.
  • Customers must report defects within 30 days and provide appropriate testing documentation if required.
  • Our liability for damages is limited to the purchase price of the Product. We are not liable for consequential damages, loss of profits, business interruption, or other indirect damages.

9. Product Use & Risks

  • Products are not authorized for use in critical safety applications, life support, or other high-risk environments unless explicitly approved.
  • Customer assumes all risks and indemnifies Akira and the manufacturer for damages arising from improper use or application.

10. Force Majeure

  • We are not liable for delays or failures caused by events beyond our control, such as natural disasters, labor strikes, epidemics, shortages, terrorism, or governmental actions.

11. Export and Import Compliance

  • Customer agrees to comply with all applicable export, re-export, and import laws and regulations, including those of the United States and other jurisdictions.
  • Products must not be diverted, re-exported, or transferred to restricted countries, entities, or for unauthorized uses without obtaining necessary licenses.
  • Customer is responsible for obtaining any required export or import licenses.

12. Product Information and Changes

  • Product specifications, classifications, uses, and conformance information are obtained from suppliers or manufacturers.
  • Such information is provided “as is” and without warranties of accuracy or completeness.
  • Akira recommends that Customer independently verify all Product information before use.
  • Product details and specifications are subject to change without notice.

13. Legal & Governing Law

  • These Terms shall be governed by and construed in accordance with the laws of the State of California.
  • Disputes shall be resolved exclusively in courts located in Orange County, California.
  • Customer may not assign these Terms without prior written consent from Akira.
  • Any legal proceedings will be governed by California law, and parties agree to submit to jurisdiction in Orange County.

14. Intellectual Property

  • All products, software, and related intellectual property are protected by applicable patents, copyrights, trademarks, or licenses.
  • Customers acquire no rights or licenses to intellectual property beyond what is explicitly granted in the Agreement.

15. Confidentiality & Data Security

  • Customer shall safeguard all confidential information and data provided by Akira.
  • Customer shall not disclose or use such information except for authorized purposes.
  • Akira reserves the right to audit compliance with confidentiality obligations.

16. Indemnification

  • Customer agrees to indemnify, defend, and hold harmless Akira and its affiliates from any claims, damages, liabilities, or expenses arising from Customer’s use, resale, or application of Products, including violations of applicable laws or violation of third-party rights.

17. Compliance & Ethical Standards

  • Both parties shall comply with all applicable laws, regulations, and ethical standards in performing their duties related to these Terms.

18. Amendments & Modifications

  • Akira reserves the right to amend or update these Terms at any time.
  • Changes will be posted on the Site or communicated via email.
  • Continued use of the Site or ongoing business shall constitute acceptance of such modifications.

19. Termination

  • Akira may suspend or terminate the use of the Site and/or cancel Orders for breach of these Terms or fraudulent activity.
  • Upon termination, all outstanding obligations shall survive.

20. Miscellaneous

  • Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in effect.
  • No Waiver: Failure to enforce any part of these Terms does not constitute waiver.
  • Entire Agreement: These Terms, along with the applicable Quote or Agreement, constitute the entire agreement between parties.

21. Dispute Resolution

  • Any disputes arising out of or relating to these Terms, including questions of validity, interpretation, or enforcement, shall be resolved through binding arbitration in Orange County, California, under the rules of the American Arbitration Association (AAA).
  • The arbitration shall be conducted by a neutral arbitrator, and judgment on the award may be entered into any court with jurisdiction.
  • Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

22. Contact Information

Should you have questions or concerns about these Terms, please contact us:

  • Phone: (833) 562-1288
  • Email: accounting@akiragi.com
  • Address: 3001 Redhill Ave, Suite 1-102, Costa Mesa, CA 92626

You may also contact us through the feedback form available on our Site.

23. Additional Policies

Refund Policy

All refunds will be issued as credits to the Customer’s account unless a written agreement, signed by both parties, specifies otherwise prior to purchase or deposit receipt. No exceptions are permitted without prior written approval.

Supplier & Quality Policy

Suppliers shall perform only qualified personnel, safeguard confidentiality, report non-conformances promptly, and comply with all applicable quality, safety, and regulatory standards, including ISO 17025 for calibration and anti-counterfeit measures.