ModusLink Corporation and its subsidiaries (collectively “ModusLink”, “we”, and “us”) provide global e-commerce services to certain supplier or manufacturer (“Supplier”). ModusLink contracts with Supplier to make available Supplier’ products (“Products”) to buyers, such as you, for international delivery through the ModusLink network.
Supplier operates the online store and ModusLink is the authorized seller for
NXP Semiconductors Netherlands B.V.
NXP USA, Inc.
If you are in US or Canada, you are contracting with ModusLink Corporation located at 2000 Midway Ln, Smyrna, TN 37167.
If you are in any other country, you are contracting with ModusLink B.V., located at Smakterweg 100 5804 AM, Venray, LIMBURG Netherlands.
By visiting the ModusLink Checkout and placing an order for the purchase of merchandise from ModusLink, you are agreeing that such order for a purchase (a “Purchase”) is bound by the terms and conditions set forth herein (“Terms”). These Terms are subject to change by ModusLink without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on this Site. You should review these Terms prior to purchasing any product that are available through this Site. Your continued use of our Checkout after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
a. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. Price increases will only apply to orders placed after the time of the increase. Posted prices may or may not include shipping and handling charges and taxes imposed by a destination country. All taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept APPROVED CREDIT CARDS AND OTHER PAYMENT METHODS for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices.
a. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
b. Title for a Product shall transfer from ModusLink to you, at the time ModusLink ships the Product to you from ModusLink’s facility provided ModusLink has received your payment in full. In some cases, the Supplier may act as our shipping agent and facilitate delivery of the Product to you. In such case, title for such Product will transfer to you from ModusLink at the time of shipment from the Supplier’s facility provided we have received your payment in full. Physical Products will be delivered to you based on Delivery at Place (DAP) Incoterms 2020 at Customer’s location. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
c. Title of digital products transfers when we make the product available for download. Risk of loss is with Supplier until goods are accepted by you at the destination address.
d. In case of an authorized return, if and where a Product is shipped back to ModusLink’s facility or shipped to a local facility as designated on the return policy found on the website of the Supplier to be consolidated before being shipped to ModusLink’s facility, title and risk of loss for the Product that you are will transfer from you to ModusLink after the Product for which the Supplier authorized the return has arrived at ModusLink’s facility in the United States.
e. By making a Purchase, you hereby authorize a licensed customs broker chosen by ModusLink to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise, and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return. Please note that we do not ship certain merchandise, to certain locations, or to certain people (due to legal restrictions and/or other reasons).
a. You shall direct any inquiries, questions or comments regarding the Product you have purchased-including returns and refunds to the Supplier themselves. The Suppliers will coordinate with us as needed to address your concerns. The Supplier's published Returns Policy will apply for all orders. If the Supplier has a return policy that allows for returns, ModusLink may extend that Supplier's return policy to its buyers as well. You should review the return policy on such Supplier's website (“Return Policy”). Additionally, regardless of whether returns are permitted, ModusLink has the right to refuse any return if there is a restriction on the product, either applicable to it when exported from your country or imported to the country of return. You acknowledge and agree that for any refunds you shall not receive any interest on the amounts paid. Nothing hereby prejudices your rights under the EU Consumer Rights Directive.
b. For allowed returns, ModusLink will reimburse you for any or all of the following, based on the amount that you paid: the original sales prices of the returned merchandise, duties, taxes, and any credits or debits. Unless otherwise stated in the Supplier’s Return Policy, if Product is allowed to be returned hereunder, (a) you are responsible for all costs associated with returning the Product (including without limitation shipping costs, duties or taxes imposed for the return, or other fees that may be levied or charged) and (b) if you are being reimbursed your original shipping costs (or some part of that) pursuant to a service gesture, the Returns Policy or pursuant to relevant law, and you are only returning part of your order, we may only return those shipping costs (or part of those shipping costs) prorated for the merchandise being returned.
a. Nothing in these Terms shall affect your consumer rights under applicable law.
b. If you are a consumer based in the European Union, nothing in these Terms shall limit liability for (a) death or personal injury arising from our negligence or that of our employees and agents, (b) for defective products under any mandatory consumer rights or product liability legislation, or (c) for breach of implied terms under any mandatory sale of goods legislation. We do not seek to exclude liability for fraud or fraudulent misrepresentation or any other matter for which our liability cannot be limited or excluded under applicable law. IF MODUSLINK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF PRODUCT OR OUR CHECKOUT OR SERVICES, MODUSLINK'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
c. Notwithstanding any other provision of these Terms, regarding Purchases that have a ship-to address in the European Union, you have a right to cancel your Purchase and return the Product (other than Non-Returnable Product, as defined below) at any time before the Product is delivered and within 14 days of the day after your receipt of the Product. If your order is delivered in multiple shipments, then the 14-day clock starts on the day after your receipt of the last item in the order. In the case of a service or digital content, your right to cancel expires 14 days from the conclusion of the contract. That returns period may be longer if specifically stated in the Returns Policy. Where this contract involves the delivery of digital content not supplied in a physical medium, your right of cancellation expires where (1) you expressly agree execution of the contract will begin prior to the expiration of the 14-day cancellation period and (2) you acknowledge that you will lose your right to cancel if execution of the contract begins prior to the expiration of the 14-day cancellation period.
d. When canceling a Purchase and returning Product that was shipped to the European Union, we will reimburse all payments received from you for the Product purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us. The refund will be normally made by the original method used by you to pay for the Purchase. In addition to the method described above, you may complete a withdrawal form, located at WITHDRAWAL FORM . In order to successfully withdraw from a Purchase, you must send back the Product to Moduslink (postmarked) within 14 days of notifying us that you are returning the Product. You have a legal obligation to take reasonable care of the Product purchased while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of your Purchase, from the refund to which you are otherwise entitled. If you cancel a Purchase within the 14-day cooling off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we or the Supplier as applicable receive the Product back or, if earlier, the day on which we receive evidence that you have returned the Product to the returns address. "Non-Returnable Product" means the following and may not be returned (unless otherwise stated in the Returns Policy): perishables (food), items that pose a hygiene risk (e.g., underwear and bathing suits), custom-made or personalised items, and sealed audio-visual items (e.g., CDs and DVDs) or software that are unsealed after delivery, unless such Product was damaged or faulty when delivered to you.
e. Consumer Rights in Germany. If you are a consumer in Germany, please read your supplementary rights below:
All defects will be remedied upon receipt of notification from you within the statutory period of two (2) years commencing on the date of delivery. You have the option to request either repair or delivery of a replacement item. If you opt for replacement you have to return the defective goods. In the event that the defect cannot be remedied within a reasonable period of time or if repairs or replacement are not successful, you may elect a reduction in the purchase price or rescind the agreement. In the event that the statutory requirements are met you may also be entitled to damages including damages instead of performance and payment of wasted costs. If you have been given a seller guarantee, you have additional rights; please refer to the guarantee document.
If you are a consumer based in Germany the following applies in addition to Section 5(b) of the Terms: Nothing in these Terms shall limit liability for (i) intentional misconduct (Vorsatz), (ii) gross negligence (grobe Fahrlaessigkeit) (iii) fraudulent misrepresentation (iv) statutory liability that is imposed regardless of fault such as product liability or liability pursuant to contractual guarantees and (v) negligent breach of key duty (Kardinalpflichten); liability for negligent breach of key duty is limited to the typically foreseeable loss. Except as stated in the previous sentence or in Section 16 of the Terms all liability is excluded for (i) ordinary light negligence (leichte Fahrlaessigkeit) and (ii) unforeseeable loss.
VERBRAUCHERRECHTE IN DEUTSCHLAND
Dass alle Defekte innerhalb des vorgeschriebenen Garantiezeitraums von zwei (2) Jahren ab dem Lieferdatum auf den Erhalt Ihrer entsprechenden Reklamation hin behoben werden. Sie haben die Option, entweder eine Reparatur oder einen Ersatzartikel zu fordern. Wenn Sie die Option des Umtauschs wählen, müssen Sie die defekte Ware zurückgeben. Wenn ein Defekt nicht innerhalb eines angemessenen Zeitraums behoben werden kann bzw. wenn Reparatur oder Umtausch nicht erfolgreich abgeschlossen werden können, können Sie einen Nachlass auf den Kaufpreis wählen oder die Vereinbarung beenden. Wenn die gesetzlichen Anforderungen erfüllt sind, haben Sie unter Umständen ein Anrecht auf Schadensersatz einschließlich einer Wiedergutmachung für die Schäden durch Leistungsausfall und vergebliche Aufwendungen. Wenn Ihnen eine Verkäufergarantie gewährt wurde, haben Sie weitergehende Rechte; bitte beachten Sie dazu Ihre Garantiebestätigung.
B: Wenn Sie Verbraucher mit Sitz in Deutschland sind, gelten nachfolgende Regelungen zusätzlich zu Abschnitt 5(b) der allgemeinen Geschäftsbedingungen: Nichts in diesen Geschäftsbedingungen beschränkt die Haftung für (i) vorsätzliches Fehlverhalten (Vorsatz), (ii) grobe Fahrlässigkeit (iii) arglistige Täuschung (iv) gesetzliche Haftung, die unabhängig von einem Verschulden auferlegt wird, so wie eine Produkthaftung oder Haftung gemäß den vertraglichen Garantien und (v) fahrlässige Verletzungen grundlegender Pflichten (Kardinalpflichten); wobei die Haftung für fahrlässige Verletzungen grundlegender Pflichten begrenzt ist auf den typischerweise vorhersehbaren Schaden. Mit Ausnahme der im vorstehenden Satz oder in Abschnitt 16 der allgemeinen Geschäftsbedingungen genannten Regelungen ist jegliche Haftung ausgeschlossen für (i) normale leichte Fahrlässigkeit (leichte Fahrlässigkeit) und (ii) unvorhersehbare Verluste.
a. We do not manufacture or control any of the Products offered on our Site. The availability of Products through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on our Site. However, the products offered on our Site are covered by the Supplier’s warranty as detailed in the product's description on Supplier Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
b. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
c. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
d. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
YOU AGREE THAT MODUSLINK AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MERCHANDISE YOU PURCHASE OR MODUSLINK SERVICES OR CHECKOUT. YOU FURTHER AGREE THAT MODUSLINK AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SUPPLIER’S MISUSE OF YOUR PERSONAL DATA, WHERE YOU EXPLICITLY INSTRUCTED MODUSLINK TO PROVIDE YOUR PERSONAL DATA TO THE SUPPLIER FOR THE PURPOSE OF SUBSCRIBING YOU TO THEIR MARKETING MESSAGES. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED MODUSLINK OF THE POSSIBILITY OF SUCH DAMAGES.
MODUSLINK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED OT THE SALE OF A PRODUCT OR SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO MODUSLINK FOR SUCH PRODUCT OR SERVICE.
You represent and warrant that you are buying Products from the Site for your own use only. Further, by agreeing to these Terms, you are certifying that you will not resell, re-export or transfer Products in violation of any applicable laws of the country where they are delivered or used, including export laws. Any attempt to have commodities, technology and/or software exported from the United States that are not in accordance with the U.S. Export Administration Regulations and any other applicable law is strictly prohibited. NOTWITHSTANDING ANYTHING TO THE CONTRATRY, ALTHOUGH WE ARE FACILITATING A PURCHASE AND DELIVERY TO YOU, YOU ARE THE PARTY IMPORTING MERCHANDISE INTO YOUR COUNTRY ("IMPORTER OF RECORD") OR CONSIGNEE, AS APPLICABLE, AND YOU MUST COMPLY WITH ALL LAWS AND REGULATIONS OF THE COUNTRY INTO WHICH THE PURCHASED ITEMS ARE BEING DELIVERED. It is your responsibility to know the laws in the country into which you are receiving the merchandise. By purchasing items hereunder, you are acknowledging that such delivery does not violate any laws or regulations in the country into which the purchased merchandise will be delivered.
a. For Purchase of physical goods, as the Importer of Record, you are responsible to pay directly to a tax authority all import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, "Import Fees") . We have no control over the Import Fees.
b. For Purchase of (1) non-physical goods subject to indirect taxes or levies by destination countries or (2) physical goods subject to US sales tax, we will make commercially reasonable efforts to collect such taxes and levies and remit them to relevant authorities in destination countries.
ModusLink shall not be liable for any damage, loss, cost or expense arising in connection with any failure in performing any obligation caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, pandemics, acts of governments, natural disasters, strike, lockout, cyberattack, accidents, ﬁres, electrical failures, equipment failures or unavailability, internet, telecommunication, shipping or carrier delays or failures, explosions, strikes, lock-outs, labor disputes, governmental orders or regulations, shortages of labor or materials ("Force Majeure"). Upon the occurrence of any event of Force Majeure, we will promptly inform you and in the event of any delay, the obligation to deliver shall be suspended.
This Agreement will be governed by and construed in accordance with the law of the State of New York without consideration of rules of conflicts of laws. These Terms and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.
a. YOU AND MODUSLINK ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules").
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
All content included on the Moduslink Checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Moduslink, its affiliates, the Supplier or its licensors and protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of Moduslink, its affiliates, the Supplier or its licensors and is protected by U.S. and international copyright laws.
Moduslink, Moduslink Global Solutions, Moduslink logo, Moduslink Global Solutions logo, Poetic, Logistix and other graphics, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Moduslink Corporation or its affiliates in the U.S. and/or other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not Moduslink's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Moduslink. All other trademarks not owned by Moduslink that appear in the Moduslink Checkout are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moduslink.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Moduslink.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
a. To You. When you visit the Moduslink Checkout or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
b. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to ModusLink Corporation, 2000 Midway Ln, Smyrna, TN 37167, United States. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Last updated January 2022