IMPORTANT: PLEASE READ

This T-Mall Sales Agreement ("Agreement") is between Taitien U.S.A., Inc. ("T-Mall") and you ("You" or "Customer").  By clicking on the "I Accept" upon checkout, you are agreeing to be bound by the terms and conditions contained in this Agreement.

THIS T-MALL SALE TO YOU IS SUBJECT TO YOUR ACCEPTANCE OF THE NON-NEGOTIABLE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  T-MALL HEREBY REJECTS ALL DIFFERENT AND SUPPLEMENTAL TERMS AND CONDITIONS CONTAINED IN ANY CUSTOMER PURCHASE ORDER OR OTHER FORM OR DOCUMENT.

1. Scope
 This Agreement concerns T-Mall" sale to You of products from the T-Mall website.  T-Mall sales are intended for research and development purposes only.  T-MALL DOES NOT AUTHORIZE USE OF ANY T-MALL PRODUCT AS A CRITICAL COMPONENT IN LIFE SUPPORT DEVICES OR SYSTEMS. 

2. T-Mall Brief
T-Mall is owned and operated by Taitien, U.S.A., Inc., a wholly-owned subsidiary of Taitien Electronics Co., Ltd.  www.taitien.com.  T-Mall Technical Assistance and Design Support Service is provided by Taitien Group which includes Taitien Electronics Co., Ltd., Taitien U.S.A., Inc., Isotemp Research Inc. (Virginia), Taitien Electronics Nanjing Co., Ltd., and Taitien Electronics ShenZhen Co., Ltd.

Order, Payment, Shipping, Cancellation
T-Mall agrees to sell to You the items You place in your T-Mall shopping cart at the corresponding prices noted on our website at the time of purchase.  Sales tax will be collected for orders shipped to California.  You are responsible for payment of all other sales, use, and other taxes applicable to Your order. 

Payment must be made at the time of order.  In addition to any other terms and conditions appearing on the payment website, by supplying information and completing the ordering process, you authorize T-Mall or its agent to charge your credit account for the amounts indicated.  No T-Mall order will be processed until payment is made and charged to an accepted credit card. 

All T-Mall orders are shipped FOB T-Mall, with freight included in your payment price.  Claims for freight damage must be made against the carrier within 10 business days of receipt of the product.  If you believe your order has been damaged during transit, keep in tact and save the shipping carton, packing material, and product.  Please contact a T-Mall Customer Service Representative immediately to initial a claim.  (See Customer Service).  Within 10 business days of receipt of an order, T-Mall may, at T-Mall"s option (a) cancel an order, (b) may replace the order with another product of the same value or refund customer"s money, or (c) refund Customer"s money.  Customer may cancel an order by sending an email to T-Mall Customer Service as follows:
(i) no cancellation fee will be charged for a pending order,
(ii) a cancellation fee of US$15, plus 3% of the invoice amount will be charged for an order that is already being      processed. 
(iii) orders that have already shipped are non-cancelable.  (See My Account Information to determine whether your      order is pending, being processed, or has already shipped.)

3. Merchandise Returns
T-Mall accepts merchandise returns and will replace the product or refund your money, subject to the terms outlined below.  Failure to follow T-Mall? merchandise return requirements can result in delays or the inability of T-Mall to accept your merchandise return.  To facilitate processing returned merchandise, please take note of the following:

4. Privacy
Your privacy concerns are important to us.  We occasionally make the names and addresses of our customer list available to selected companies that offer products or services that may be of interest to You.   Alternatively, you may mail your request.  View T-Mall,s Privacy Policy at T-Mall Privacy Policy. 

5. Disclaimer of Warranty, Release of Claims
Technical Assistance and Design Support Services.  T-Mall offers technical assistance and design support services as a convenience to T-Mall customers, and T-Mall strives to provide useful information regarding T-Mall products.   
T-MALL DOES NOT GUARANTEE THAT INFORMATION OR RECOMMENDATIONS PROVIDED BY OR THROUGH T-MALL TECHNICAL ASSISTANCE AND SUPPORT SERVICES WILL BE ACCURATE OR COMPLETE.  T-MALL DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR IN CONNECTION WITH ANY INFORMATION OR RECOMMENDATION PROVIDED BY OR THROUGH T-MALL TECHNICAL ASSISTANCE AND DESIGN SUPPORT SERVICES, OR THEIR PERSONNEL, OR YOUR RELIANCE UPON SUCH INFORMATION OR RECOMMENDATION.  CUSTOMER IS SOLELY RESPONSIBLE FOR ANALYZING AND DETERMINING THE APPROPRIATENESS OF ANY INFORMATION OR RECOMMENDATION PROVIDED BY OR THROUGH T-MALL TECHNICAL ASSISTANCE AND DESIGN SUPPORT SERVICES.  ANY RELIANCE ON SUCH INFORMATION OR RECOMMENDATION IS AT CUSTOMER"S SOLE RISK AND DISCRETION.  ACCORDINGLY, CUSTOMER RELEASES AND AGREES TO HOLD T-MALL, AND T-MALL TECHNICAL ASSISTANCE AND DESIGN SUPPORT SERVICE, THEIR PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND ASSIGNS FROM AND AGAINST ANY LOSS, LIABILITY AND DAMAGE INCURRED BY CUSTOMER OR ANY THIRD PARTY AS A RESULT OF ANY INFORMATION OR RECOMMENDATION PROVIDED TO CUSTOMER OR CUSTOMER"S RELIANCE UPON SUCH INFORMATION OR RECOMMENDATION.

6. Website Disclaimer of Warranties
THE T-MALL WEBSITE, ORDER PROCESS, AND T-MALL PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT ALLOWABLE BY LAW.  T-MALL MAKES NO WARRANTY, INDEMNITY, REPRESENTATION, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW, USAGE, CUSTOM OR OTHERWISE REGARDING OTHER MATTERS, INCLUDING WITHOUT LIMITATION, SECURITY, INTEGRATION, AVAILABILITY, THAT THE T-MALL WEBSITE OR ORDER PROCESS WILL BE ERROR-FREE OR UNINTERRUPTED, CONCERNING INTERNET CONNECTIONS OR SERVERS, OR THE TRANSMISSIONS OF VIRUSES OR OTHER MALICIOUS CODE OVER SUCH CONNECTIONS OR SERVERS. 

7. General Disclaimer of Warranties. 
T-MALL SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  T-MALL"S SOLE OBLIGATION AND LIABILITY FOR T-MALL PRODUCT DEFECTS WILL BE, AT T-MALL"S SOLE OPTION, TO REPLACE THE DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFOR.  IN NO EVENT WILL T-MALL"S LIABILITY, EXCEED CUSTOMER? PURCHASE PRICE. 
The foregoing remedy is subject to Customer"s written notification of defect and return of the defective T-Mall product within forty-five (45) days of purchase.  The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.

8. Infringement Disclaimer
Notwithstanding Section 2-312 of any applicable version of the Uniform Commercial Code or any other similar law, or any purchase order term, other contractual provision or the like from Customer,  T-Mall:
(a) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AGAINST THIRD PARTY CLAIMS FOR INFRINGEMENT OR THE LIKE, AND
(b) HAS NO OBLIGATION OF ANY KIND TO CUSTOMER FOR CLAIMS BROUGHT BY THIRD PARTIES        AGAINST CUSTOMER FOR INFRINGEMENT OR THE LIKE ARISING OUT OF OR IN ANY WAY        RELATED TO T-MALL PRODUCT(S) PURCHASED BY CUSTOMER.

9. Limitation of Liability
IN NO EVENT WILL T-MALL, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST SAVINGS, LOST REVENUE, LOST PROFITS, LOST BUSINESS OPPORTUNITY, OTHER COMMERCIAL OR ECONOMIC LOSS, CLAIMS BY THIRD PARTIES) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY OR THROUGH T-MALL, OR USE OR INABILITY TO USE THE SAME, EVEN IF T-MALL HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Export
Customer represents that it is not prohibited by the U.S. Government from receiving the ordered T-Mall product(s) or T-Mall technical assistance or design services.  Customer agrees not to transfer or otherwise export or re-export T-Mall product(s) or technology into any country or to any individual or entity prohibited by the United States Export Administration Regulations or any other export controls.  If the product(s) or service(s) is determined to be an item controlled by U.S. export laws, then Customer represents that it is not a citizen of or located in an embargoed nation, including without limitation Cuba, Iran, Libya, North Korea, Sudan, and Syria, and that Customer is not otherwise prohibited from receiving the product(s) or service(s).  Customer will comply with all applicable import requirements, if any.

11. Intellectual Property Rights
All intellectual property rights in product technology are expressly reserved to T-Mall, its parent, affiliates, manufacturers and licensors, whether the subject of patent, copyright, trademark or other intellectual property right or trade secret law.  Unless otherwise authorized by T-Mall in writing in each instance, you will not use, directly or indirectly, any T-Mall trademark or service mark.    To the fullest extent allowable by law, you agree not to reverse engineer or allow reverse engineering of any T-Mall product.

12. Term and Termination
This Agreement begins on the date your T-Mall order is processed after you click on the "I Accept" button at the end of this Agreement.  If You place the order after business hours, on a weekend or holiday, then this Agreement begins on the following business day.  You agree to cure any material breach of this Agreement within ten (10) business days of notice thereof by T-Mall.  For the purpose of this Agreement, a material breach will include, but will not be limited to the failure to pay in a timely manner the amounts due as specified on the T-Mall website.  T-Mall may cancel this Agreement immediately if a material breach by Customer remains uncured more than ten (10) business days.

13. Disputes, Choice of Law
You and T-Mall agree to use reasonable efforts to amicably resolve any dispute that may arise under this Agreement.  To the fullest extent allowed by law, this Agreement will be interpreted and governed by the substantive laws of the State of California, without regard to its conflict of laws principals, as if both parties were residents of and operated in California.  This Agreement will not be interpreted according to the United Nations Convention on Contracts for International Sale of Goods, the application of which is expressly denied.  To the fullest extent allowed by law, Customer and T-Mall irrevocably submit to the jurisdiction of the federal courts located in California, USA. 

14.General Provisions
 Any waiver or delay in enforcement of a provision of this Agreement by T-Mall will not create an expectation of waiver or non-enforcement of that or any other provision or right.  T-Mall is not responsible for delays or failure of performance that result from acts beyond its reasonable control.  Title and headings are for ease of reference and will not be used to interpret the Agreement.  In the event that a court of competent jurisdiction determines that any provision(s) of this Agreement is void or unenforceable, then the remainder of the Agreement will remain in full force and effect, and the offending provision(s) will be deemed to be modified, amended and limited to the extent necessary to render the offending provision(s) to be valid and enforceable, consistent with the intentions of You and T-Mall, without further action by either of us.  You agree not to assign this Agreement or any of its rights hereunder without T-Mall"s prior written consent, which will not be unreasonably with held.  You and T-Mall agree that this Agreement constitutes the final and entire understanding concerning the subject matter of this Agreement, and supersedes all previous and contemporaneous discussions, whether oral or written.  No oral or written representations are binding upon T-Mall unless stated in this Agreement.  Sections 1, 3-12, 14-15 survive termination of this Agreement.

If you agree to the terms and conditions stated in this Agreement, click the "I Accept" button upon checkout.  If you do not agree to the terms and conditions stated in this Agreement, click the "Quit" upon checkout, and your order will be cancelled.