Terms Of Use And Sale
Effective Date: 5-1-2026. These Terms of Use and Sale (“Terms”) govern all access to and use of the Aactus, Inc. website and all purchases and sales transactions with Aactus, Inc. (“Aactus,” “we,” “our,” or “us”). By accessing this website or placing an order, you agree to be bound by these Terms. If you do not agree, do not use this website or submit orders.
1. Website Use
This website is provided for informational and business purposes only. You may not use this website to:
- Engage in any unlawful activity or violate any applicable law or regulation
- Scrape, harvest, or collect data from this website without prior written authorization from Aactus
- Transmit malicious code, spam, or disruptive content
- Misrepresent your identity or affiliation
- Interfere with the security or proper functioning of the website
All content on this website — including text, images, product descriptions, logos, and branding — is the property of Aactus, Inc. and is protected by applicable intellectual property laws. Unauthorized reproduction or use is prohibited.
2. Product Information
All product descriptions, specifications, pricing, and availability displayed on this website are subject to change without notice and may contain errors or omissions. Website content is informational only and does not constitute a binding offer. Aactus reserves the right to correct any errors and update information at any time.
3. Quotes and Orders
Submission of a Request for Quote (RFQ) or purchase inquiry does not constitute an accepted order. All quotes issued by Aactus are non-binding until formally accepted in writing by an authorized representative of Aactus.
Aactus reserves the right to:
- Decline or cancel any order at its sole discretion
- Require additional verification or documentation prior to fulfillment
- Modify or withdraw any quote prior to written acceptance
In the event of any conflict between the terms of a written quote or signed agreement and these Terms, the written quote or signed agreement shall control.
4. Payment and Taxes
Payment terms are established separately on a customer-specific basis and are set forth in applicable quotes, invoices, or written agreements. All invoices are due and payable pursuant to the terms specified therein.
Buyer is solely responsible for all applicable federal, state, and local taxes, duties, tariffs, and similar charges arising from any purchase, unless Buyer provides a valid and current tax-exemption certificate prior to order fulfillment. Aactus reserves the right to add applicable taxes to any invoice where an exemption certificate is not on file.
5. Shipping and Risk of Loss
Shipping and delivery dates provided by Aactus are estimates only and are not guaranteed. Aactus shall not be liable for delays in shipment or delivery caused by circumstances beyond its reasonable control.
Unless otherwise expressly agreed in writing, risk of loss and title to products shall transfer to Buyer upon delivery to the carrier at Aactus’s shipping point (F.O.B. Origin). Buyer assumes all risk of loss or damage during transit once the product leaves Aactus’s facility.
6. Returns and Claims
All claims for damaged, defective, or incorrect products must be submitted in writing within five (5) business days of receipt. Claims submitted after this period may be denied at Aactus’s discretion.
Returns are accepted only with prior written authorization from Aactus. Unauthorized returns will not be accepted and may be returned to sender at Buyer’s expense. Authorized returns may be subject to a restocking fee of up to fifteen percent (15%) of the invoiced value of the returned product, unless the return is due to Aactus error.
Custom, special-order, or non-stock items are non-returnable unless defective.
7. Product Selection and Use
Buyer is solely responsible for the proper selection, specification, and use of all products purchased from Aactus. Aactus does not warrant the suitability of any product for a particular application or end use unless expressly stated in writing. Buyer should independently verify that any product meets its technical and regulatory requirements prior to purchase.
8. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES PROVIDED BY AACTUS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
AACTUS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION PROVIDED BY AACTUS, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS OR A SIGNED WRITTEN AGREEMENT.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AACTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS, ANY PURCHASE, OR USE OF ANY PRODUCT, REGARDLESS OF THE THEORY OF LIABILITY.
IN NO EVENT SHALL AACTUS’S TOTAL CUMULATIVE LIABILITY TO BUYER EXCEED THE ACTUAL PURCHASE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
10. Force Majeure
Aactus shall not be in breach of any obligation under these Terms, nor liable for any failure or delay in performance, to the extent such failure or delay results from causes beyond Aactus’s reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply chain disruptions, transportation failures, government actions, or other events outside Aactus’s reasonable control. Aactus will use commercially reasonable efforts to resume performance as soon as practicable.
11. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, product names, photographs, and software, is owned by or licensed to Aactus, Inc. and is protected under United States and international intellectual property laws. No content may be reproduced, distributed, modified, or used in any manner without the prior written consent of Aactus.
12. Dispute Resolution
In the event of any dispute arising out of or related to these Terms or any purchase transaction, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies as set forth below.
Either party may elect to require that disputes be resolved through binding arbitration administered under the rules of the American Arbitration Association (AAA) in lieu of litigation. Notice of such election must be provided in writing within thirty (30) days of the dispute arising. Once properly elected by either party, arbitration shall be the exclusive means of resolving the dispute in place of court proceedings.
13. Governing Law and Venue
These Terms and all related transactions shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.
Any legal action or proceeding arising under these Terms that is not resolved by arbitration shall be brought exclusively in the state or federal courts located in Wayne County, Michigan. Each party irrevocably consents to the personal jurisdiction and venue of such courts.
14. Modifications
Aactus reserves the right to update or modify these Terms at any time without prior notice. The updated Terms will be posted on the website with a revised effective date. Continued use of the website or submission of orders after any modification constitutes acceptance of the updated Terms.
15. Entire Agreement
These Terms, together with any applicable written quote, purchase order, or signed agreement between the parties, constitute the entire agreement between Aactus and Buyer with respect to the subject matter herein and supersede all prior or contemporaneous discussions, representations, and understandings. In the event of conflict, signed agreements and written quotes shall control over these Terms.
Questions? Contact us at info@aactus.com | (734) 425-1212 | 12671 Richfield Ct, Livonia, MI 48150
