PAYMENT & REFUND POLICY
The ShaikhTech Terms and Conditions of Sale (“Terms of Sale”) set forth below govern Your purchase of the ShaikhTech Pro 3D item(s) (MC200), the ShaikhTech Pro2 3D item(s) (MC250), or any subsequent 3D item(s) provided by ShaikhTech (each, an “item(s)”). To use the item(s), You must have access to a supported Apple device (as specified now or in the future by ShaikhTech), and must download onto the Apple device the ShaikhTech 3D Capture application (the “App”) from Apple’s App Store. In addition, to generate 3D models from images You produce with the item(s),
These Terms of Sale constitute the entire agreement between ShaikhTech, Inc. (“ShaikhTech”) and you or the entity that you represent (“You”) regarding Your purchase/avail of items, and supersede all prior communications and agreements, written or verbal, relating thereto. Any additional, inconsistent, or different terms and conditions in any order or other communication from You are hereby expressly rejected. ShaikhTech reserves the right to revise these Terms of Sale in its sole discretion at any time and without prior notice to You by updating these Terms of Sale at https://www.shaikhtech.com/payment-delivery-return-policy/, provided that such changes shall be effective from the moment a revised posting is made only with respect to the items purchased or availed services after the revision date. Thus, You should visit https://www.shaikhtech.com/payment-delivery-return-policy/ periodically to review changes. If You disagree with these Terms or any changes thereto, Your sole remedy is to discontinue future purchases or availing of services. Acceptance by You after a change has been posted constitutes Your acceptance of the change thereafter.
- Pricing; Payment Terms.
(a) The price of the items purchased hereunder is as designated in Your online shopping cart or other price quote provided by ShaikhTech. Once an order item is received, before the order is accepted by ShaikhTech, ShaikhTech shall have the right to revise the pricing for the item.
(b) Prices do not include any taxes, now or hereinafter enacted, applicable to the item sold hereunder. You agree to pay or reimburse any such taxes which ShaikhTech is required to pay or collect. Your total invoiced amount will include the price of the items plus any applicable sales and/or use tax. Such tax is based on the bill-to address and the sales and uses tax rate in effect at the time You purchase the items(s). ShaikhTech will charge sales and use tax only in states where local regulations and laws require it, to the best of ShaikhTech’s knowledge.
(c) The payment option(s) available to You are as specified by ShaikhTech upon purchase. Unless specified to the contrary in writing by ShaikhTech, You shall pay the purchase price of the items and any taxes with a validly authorized credit card.
(d) ShaikhTech will deliver an invoice to You when the item(s) is shipped. Notwithstanding the foregoing, ShaikhTech will extend credit for orders in ShaikhTech’s sole discretion and reserves the right to require payment for an order before ShaikhTech ships the item(s) for such order, including without limitation in the event You have any unpaid prior orders outstanding at the time an order is received. In the event that ShaikhTech extends credit for an order, the associated invoice is payable within thirty (30) days of the date of such invoice unless otherwise specified, and You shall pay a late charge equal to the lesser of 1.5% of the total amount payable per month (pro-rated if necessary) or the maximum amount permitted under applicable law, on any past due balance.
(e) All item(s) sales are final. If a item(s) becomes unavailable following Your purchase but prior to delivery, Your sole and exclusive remedy is a full refund of the purchase price. If technical problems prevent or unreasonably delay delivery of Your item(s), Your sole and exclusive remedy is either replacement or full refund of the purchase price, as determined by ShaikhTech.
(f) You shall pay all amounts due without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). ShaikhTech may at any time, without limiting any other rights or remedies it may have, set off any amount You owe to it against any amount payable by ShaikhTech to You.
(g) ShaikhTech reserves the right to recover any and all fees incurred as a result of the referral for collection of any of the above fees to an agency or legal firm.
- Delivery, Risk of Loss and Title.
(a) Unless specified to the contrary in writing by ShaikhTech, You shall be liable for all costs associated with shipping the item(s) to You.
(b) Any delivery date specified by ShaikhTech is approximate only. ShaikhTech shall not be liable for any loss or expense, whether arising in tort or contract, incurred by You if the delivery does not meet any specified approximate delivery date.
(c) Unless specified to the contrary in writing by ShaikhTech, risk of loss or damage of the item(s) shall pass to You at the FOB origin point.
(d) ShaikhTech will retain title to the item(s) until payment of the price of the item(s) is received in full by ShaikhTech. If You fail to make payment on the item(s), and it has already been delivered: (i) ShaikhTech may use all legal means to recover such item(s) at Your expense.
(e) Until title to the item(s) has passed to You, You shall: (i) store the item(s) separately from all other goods held by You so that it remains readily identifiable as ShaikhTech’s property, (ii) not remove, deface or obscure any identifying mark or packaging on or relating to the item(s), (iii) maintain the item(s) in satisfactory condition and keep it insured against all risks for its full price from the date of delivery, and (iv) give ShaikhTech such information relating to the item(s) as ShaikhTech may require from time to time.
- Return Policy.
(a) Return Policy for item(s) Without Faults. One time only, You may, at Your expense, return to ShaikhTech the first item(s) purchased by You within 30 days of the date of the original shipment of such item(s) to You, provided that such item(s) is in the original packaging with the original receipt. If the item(s) and original packaging are returned within this timeframe and confirmed by ShaikhTech not to be damaged, ShaikhTech will provide a full refund based upon the original payment method. You cannot return unwanted items after 30 days. The foregoing return right applies only to the first item(s) purchased by You. Subject to those rights set out below regarding item(s)s with faults, You will have no right to return any subsequently purchased item(s) without the prior written consent of ShaikhTech, which consent ShaikhTech may grant or withhold in its sole discretion. For clarity: (i) any item(s) obtained in a trade-in or upgrade transaction is not eligible for return under this subsection; and (ii) the limitations set forth in this subsection will not apply to any limited buy-back program offered by ShaikhTech, and the written terms of such program provided by ShaikhTech shall apply instead with respect to the return of item(s)s subject to such program.
(b) Return Policy for item(s)s With Faults. If an item(s) develops a fault, You have the option of an exchange or refund if the fault occurs within twenty-one (21) days of delivery. If the fault occurs after such a 21-day period, Your warranty rights are as set forth in Section 5. In all cases, ShaikhTech reserves the right to inspect the item(s) and verify the fault.
(c) Limitations. Your right to return an item(s) set forth in this Section 4 shall not apply if: (i) a defect or fault arises because You failed to follow ShaikhTech’s instructions as to the storage, commissioning, installation, use, and maintenance or good trade practice regarding the same, (ii) You alter or repair the item(s) without the written consent of ShaikhTech, or (iii) a defect or fault arises as a result of wear and tear, willful damage, negligence, or abnormal storage or working conditions.
- Limited Warranty.
ShaikhTech warrants each item(s) against defects in material and workmanship for a period of one (1) year from original date of shipment, or such longer period under any extended warranty purchased by You at ShaikhTech’s then-available extended warranty rate (collectively, the “Warranty Period”). This limited warranty is for the benefit of the original end purchaser only and is not transferable by the end purchaser. This limited warranty will also apply to each item(s) shipped as part of a trade-in or upgrade transaction, and to each refurbished item(s) sold. A refurbished item(s) is tested and certified to look and work like new in all material respects at the time of shipment. The refurbishing process includes functionality testing, inspection, and repackaging. With respect to any item(s) that ShaikhTech ships to You in exchange for a defective or damaged item(s), the Warranty Period for such shipped item(s) shall not be extended beyond the end of the Warranty Period for the original item(s). THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WRITTEN, ORAL OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY SHALL NOT APPLY IF THE item(s) HAS BEEN REPAIRED OR ALTERED, EXCEPT BY ShaikhTech, OR IF IT HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT. In the event any defect in the material or workmanship of the item(s) arises during the Warranty Period, ShaikhTech’s sole liability shall be (at the option of ShaikhTech) to repair, provide a refund for, or replace any item(s) returned by You during the Warranty Period, provided that (a) ShaikhTech is notified in writing by You of the claimed defect(s) during the Warranty Period, (b) the item(s) is returned to ShaikhTech in the undamaged original item(s) packaging, and (c) ShaikhTech’s examination of the item(s) discloses to its satisfaction that the defect(s) were not caused by misuse, negligence, accident, or unauthorized repair or alteration by You or on Your behalf. All shipping costs to ShaikhTech from any location in the United Arab Emirates, or from ShaikhTech to any location in the United Arab Emirates, for any item(s) that is repaired or replaced under this limited warranty, will be at ShaikhTech’s expense; provided, however, that You will bear the expense of shipping any such item(s) to or from any non-UAE. location, and all shipping costs to and from ShaikhTech for any item(s) that is repaired or replaced outside the scope of this limited warranty will be at Your expense. ShaikhTech’S ONLY LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF A DEFECT IN THE ITEM(S), WHETHER ARISING IN TORT OR CONTRACT, IS AS STATED IN THIS SECTION 5. IN NO EVENT SHALL SHAIKHTECH OR ITS AFFILIATES OR LICENSORS HAVE ANY OTHER LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING IN CONNECTION WITH ANY ITEM(S) OR THESE TERMS OF SALE, IN PARTICULAR, SHAIKHTECH SHALL NOT BE LIABLE FOR (I) LOST PROFITS, (II) LOST DATA, (III) LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR (IV) FOR ANY OTHER SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SHAIKHTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF SHAIKHTECH AND ITS AFFILIATES AND LICENSORS RELATING TO ANY ITEM(S) OR THESE TERMS OF SALE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS YOU PAID TO SHAIKHTECH UNDER THESE TERMS OF SALE DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. WITHOUT LIMITING ANY OTHER CONDITION SET FORTH IN THIS SECTION, SHAIKHTECH WILL HAVE NO WARRANTY OBLIGATION HEREUNDER IF YOU FAIL TO RETURN THE ITEM(S) IN THE UNDAMAGED ORIGINAL PACKAGING OR IF YOU HAVE INSTALLED ANY FIRMWARE IN THE ITEM(S) OTHER THAN THE FIRMWARE INITIALLY EMBEDDED IN THE ITEM(S) OR ANY FIRMWARE UPDATE SUBSEQUENTLY PROVIDED BY SHAIKHTECH. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR SOME OR ALL OF THE FOREGOING LIMITATION OF LIABILITY, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SALE EXCLUDES OR LIMITS ANY LIABILITY OF SHAIKHTECH THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Other Goods.
Any accessories required to use or transport the item(s), such as a tripod, item(s) carrying case, or other goods desired by You, must be purchased separately.
- Governing Law; Venue.
Unless prohibited by applicable law, these Terms of Sale shall be interpreted in accordance with the laws of the state of California without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for San Francisco County, California, and the parties specifically consent to San Francisco, California, as the exclusive venue for any such proceeding. These Terms of Sale and the transaction hereunder shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Certain software is embedded in the item(s) by ShaikhTech (the “Firmware”). Subject to these Terms of Sale, ShaikhTech grants You a non-exclusive, revocable, limited license to use the Firmware solely with the item(s) and in binary executable form only. The foregoing does not include a license to any source code. You shall not cause, or permit any third party to, reverse engineer, decompile, modify, translate or disassemble any of the Firmware; create derivative works based upon any of the Firmware; or do anything else that would adversely affect the intellectual property rights of ShaikhTech and its licensors in and to the Firmware. You acknowledge that the source code underlying the Firmware is the confidential and proprietary information of ShaikhTech and its licensors. You shall not install any firmware or other software on any item(s) other than the Firmware or an update to the Firmware provided by ShaikhTech. If You install any firmware on the item(s) other than the Firmware (or any Firmware update provided by ShaikhTech), such action will be deemed a material breach of these Terms of Sale that will void the warranty set forth in Section 5. In addition, without limiting any other remedy available to ShaikhTech, ShaikhTech reserves the right to bring an action against You for breach of contract and infringement of intellectual property rights in such event.
- Intellectual Property.
These Terms of Sale shall be deemed to convey any intellectual property right to You in and to the item(s), or any other technology of ShaikhTech or its licensors. You agree that (although ShaikhTech may request that You contribute towards the design and development of its products), as between the parties, ShaikhTech is the sole owner of all intellectual property rights in and to the item(s) and other property described in this Section.
(a) Your failure to perform its obligations hereunder including, without limitation, payment in full of the purchase price for the item(s), shall constitute a default under these Terms of Sale.
(c) A waiver of any condition or default is not a waiver of any subsequent default.
(d) You may not assign or otherwise transfer any rights hereunder without ShaikhTech’s prior written consent, and any attempt to do so without consent is void. These Terms of Sale are binding upon and for the benefit of the respective successors and assigns of the parties hereto.
(e) If any provision of these Terms of Sale is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
(h) Any changes in these Terms of Sale are not valid unless in a writing signed by an officer of ShaikhTech. Preprinted terms on or attached to any order You issue hereunder and all other separate terms and/or documents introduced after the acceptance of this Agreement or the performance of Services or delivery of an item(s), even if signed by ShaikhTech, shall be null and void and of no effect without a mutually signed amendment hereto expressly citing this Agreement.
(i) You acknowledge that You have read these Terms of Sale, understand them, and agree to all terms and conditions in these Terms of Sale.
(j) A person who is not a party to these Terms of Sale shall not have any rights to enforce its terms.