Terms & Conditions
These terms and conditions (the “Terms and Conditions”) govern the use of akiragi.com (the “Site”). This Site is owned and operated by AKIRA GLOBAL . (AKIRA). This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
These terms and conditions contain a dispute resolution clause that impacts your rights about how to resolve disputes. Please read it carefully.
Akira global, Akira. Terms and conditions of sale
The sale of products and services (“products”) by akira global llc. (“akira global”) are subject to these terms and conditions and fully executed quote (hereinafter, “quote”) executed by akira and customer (“agreement”) regardless of other or additional terms or conditions that conflict or contradict this agreement in any purchase order, document, or other communication (“order”)” preprinted terms and conditions on any customer (“customer”) document (for example: purchase orders or confirmations.) and/or akira’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. In the event of a conflict in terms between a quote and these terms and conditions, the terms of the quote shall prevail.
1. Orders
All Orders are subject to acceptance by AKIRA GLOBAL. AKIRA GLOBAL reserves the right to allocate the sale of Products among its customers. Accepted Orders are firm orders and are non-cancelable and non-returnable (“NCNR”). The Customer may not cancel or reschedule Orders for Products without AKIRA GLOBAL’s consent. The performance of any value-added service may void the manufacturer’s warranty and render products non-returnable.
2. Prices
AKIRA GLOBALs’ quoted prices apply for 30 days or as otherwise stated in its quote. AKIRA GLOBAL may increase prices if AKIRA GLOBAL’s costs increase or in other circumstances beyond AKIRA GLOBAL’s reasonable control. Prices are for Products only and do not include taxes, impositions and any other charges, fees, shipping charges and duties imposed by any government authority. Customer is responsible for any additional fees and taxes.
3. Terms of Payment
Payment shall be made according to the terms of the Quote. On any past due invoice, AKIRA GLOBAL may charge interest from the payment due date to the date of payment (at 5% per month), plus reasonable attorney fees and collection costs. AKIRA GLOBAL may change the terms of Customer’s credit at any time. AKIRA GLOBAL may apply payments to any of Customer’s accounts.
4. Delivery & Title
Customer is responsible for all shipping costs and any applicable surcharges. Title and risk of loss pass to Customer upon delivery of the Products to the carrier. AKIRA GLOBALs’ delivery dates are estimates only and AKIRA GLOBAL is not liable for delays in delivery. AKIRA GLOBAL reserves the right to make partial shipments and Customer will accept delivery and pay for the Products delivered. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
5. Acceptance of Products and Product Returns.
Customer must notify AKIRA GLOBAL in writing of any failure of Product to meet manufacturer’s specifications with an approved akira global third party lab within 15 days after delivery. After the 15th day, Customer is deemed to have accepted the Products and may not revoke acceptance. Customer cannot return Products without a return material authorization (“RMA”) number. Returned Products must be in original manufacturer’s shipping cartons or equivalent. Customer must return all Products, freight prepaid, as specified in the RMA and pay any restocking charges. At AKIRA GLOBAL’s discretion, AKIRA GLOBAL will return all Products not eligible or return to Customer freight collect, or hold Product for Customer’s account at Customer’s expense.
6. Product Traceability
Products will not be accompanied by a certificate of conformance (“CFC”).
7. Akira Global’s Limited Warranty
AKIRA GLOBAL will transfer to Customer any Product warranties and indemnities authorized by the manufacturer, and third party suppliers, including any transferable warranties and indemnities for intellectual property infringement. AKIRA GLOBAL warrants the Products will conform to the manufacturer’s specifications. Value-added work performed by AKIRA GLOBAL on Products will conform to Customer’s specifications. AKIRA GLOBAL makes no other warranty, express or implied. AKIRA GLOBAL MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. If Products do not meet manufacturer’s specifications or if value-added work by AKIRA GLOBAL does not meet Customer’s specifications, AKIRA GLOBAL has the option to (1) repair the Products, (2) replace the Products at no cost to Customer; or (3) refund Customer’s purchase price. Customer must return Products to AKIRA GLOBAL, along with acceptable proof of purchase, within 30 days from date of delivery, freight charges prepaid.
8. Limitation of Liability
To avail of the warranty, the customer must notify Akira within 30 days of the shipment date for any defective products. This warranty supersedes all other warranties, including oral, written, expressed, implied, or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded. It is important to note that the warranty will not apply if the product has been misused, subjected to static discharge, neglected, modified, soldered, or altered in any way.
Akira global is not liable for and customer is not entitled to any indirect, special, incidental or consequential damages; for example, loss of profits or revenue, loss of data. Loss of use, rework, manufacturing expense, injury to reputation, or loss of customers. Customer’s recovery from akira global for any direct damages will not exceed the price ofthe product at issue. Customer will indemnify, defend and hold akira global harmless from any claims based on; (I) akira globals’ compliance with customer’s designs, specifications or instructions, (ii) modification of any products by anyone other than akira global or (iii) use in combination with other products.
Akira provides a thirty day warranty for all parts. In the event of a failure, customers must submit an RMA (Return Merchandise Authorization) request along with a test report from a third-party certified test facility (ISO17025-2017). For AS6081 protocol orders, the test facility must also be certified to AS6171. If the parts pass the third-party test, the customer will be responsible for the test costs, and no RMA will be issued. However, if the parts fail the third-party test, Akira will cover the test fees and issue an RMA for a full refund of the cost of the parts.
Please note that the products provided by Akira Global are intended for commercial use only. We do not determine the specifications of the products we sell, and any specification sheets provided are produced by the manufacturer or transcribed from their information. We do not participate in product safety engineering, review, or testing, nor can we provide safety testing, evaluation, or engineering services.
By using or selling our products, the customer agrees to indemnify, defend, and hold Akira Global and the product manufacturer harmless from any claims, damages, losses, costs, expenses, and liabilities arising from the use or sale of the products. Any statements or advice, technical or otherwise, offered to the customer will be considered an accommodation and provided free of charge. Akira shall have no responsibility or liability for the content or use of such statements or advice.
These terms and conditions (the “Terms and Conditions”) govern the use of akiragi.com (the “Site”). This Site is owned and operated by AKIRA GLOBAL INC. (AGI). This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
These terms and conditions contain a dispute resolution clause that impacts your rights about how to resolve disputes. Please read it carefully.
9. Forces Beyond Akira Global’s Control
AKIRA GLOBAL is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond its reasonable control, (for example: acts of God, acts or omissions of the Customer, man-made or natural disasters, epidemic or medical crises, materials shortages, strikes, acts of terrorism, delays in transportation, or inability to obtain labor or materials through its regular sources).
10. Use of Products
Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If Customer uses or sells the products for use in any such applications, Customer acknowledges that such use or sale is at Customer’s sole risk. Customer will indemnify, defend and hold AKIRA GLOBAL and the Product manufacturer harmless from and against any and all liabilities and costs arising out of or in connection with such use or sale.
11. Export/Import
Certain Products sold by AKIRA GLOBAL and other related technology and documentation are subject to export control laws, regulations and orders of the United States and the export or import control laws and regulations of other countries. Customer will not directly or indirectly export or divert any Products and other related technology and documentation to any third party or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export re-export, or import as may be required.
12. Product Information
Product information, including information related to a Product’s specifications, export/import control classifications, uses or conformance with legal or other requirements, is obtained by AKIRA GLOBAL from its suppliers or other sources. Such information is provided by AKIRA GLOBAL on an “AS IS” basis. AKIRA GLOBAL makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the Product information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. AKIRA GLOBAL recommends Customer validate any Product Information before using or acting on such information. All Product information is subject to change without notice. AKIRA GLOBAL is not responsible for typographical or other errors or omissions in Product Information.
13. General
A. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of California in each case located in Orange County and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding
B. Customer may not assign this Agreement without the prior written consent of AKIRA GLOBAL.
C. This Agreement can only be modified in writing signed by authorized representatives of both AKIRA GLOBAL and Customer.
D. Statements or advice (technical or otherwise) if given without charge, are an accommodation to Customer and AKIRA GLOBAL has no responsibility or liability for the content or use of such statements or advice.
E. AKIRA GLOBALs’ failure to object to any document, communication, or act of Customer will not be deemed a waiver of any of these terms and conditions.
F. The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
G. Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
H. Customer and AKIRA GLOBAL will comply with applicable laws and regulations.
Akira Global Universal Supplier Terms & Conditions
Suppliers
Furthermore, when accepting purchase orders from external providers, the following additional terms and conditions may apply:
Qualification of Personnel: The supplier must ensure that personnel performing work on the provided product possess the necessary qualifications or certifications for the required tasks, such as Non-Destructive Inspection (NDI), Soldering, ESD, etc.
Notification of Nonconformities: The supplier agrees to promptly notify the Akira Global buyer of any nonconforming product or issues that deviate from contract requirements, seeking the Akira Global Director of Quality’s disposition for any supplier nonconformities. This applies to all deliveries and any post-delivery nonconformities should also be promptly reported to the Akira Global buyer.
Prevention of Counterfeit Parts: The seller shall supply products directly from the Original Component Manufacturer (OCM) / Original Equipment Manufacturer (OEM) or through an authorized distributor chain. If alternative sources are used, the seller must obtain advance written approval from the Akira Global buyer, along with a comprehensive risk mitigation test and inspection plan.
Supplier Process Change Control: The supplier agrees to seek the buyer’s approval before making any changes to suppliers, products, delivery dates, or other details outlined in the original purchase order. All changes should be documented and submitted in writing for approval.
Flow Down of Requirements: If outsourced work is performed by sub-tier suppliers, the Akira Global supplier must ensure that appropriate requirements, including customer requirements, critical items, special requirements, key characteristics, control of special processes, record retention, and quality system requirements, are flowed down to the sub-tier suppliers. Approval from the Akira Global buyer is required for outsourced work involving special processes.
Finally, it is important to note that when accepting purchase orders from clients, Akira Global operates on Non-Cancellable, Non-returnable, Non-reschedulable (NCNRNR) terms. Any exceptions to this policy must be mutually agreed upon and acknowledged in writing prior to payment or receipt of the parts by Akira Global. In the event of cancellation with Akira Global’s acceptance, clients will bear the associated restocking fees, shipping costs, bank fees, and inspection expenses.
These terms and conditions ensure the quality, authenticity, and compliance of our products, as well as outline the responsibilities and obligations of the parties involved.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(833) 562-1288
accounting@akiragi.com
3001 Redhill Ave 1-102, Costa Mesa CA 92626
You can also contact us through the feedback form available on our Site.
Effective Date: 1st day of September, 2021