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The User Agreement may be amended by Alliance Magnetics HK Ltd, at any time. The terms of this User Agreement are subject to change from time to time. The amended terms shall take effect 2 days after the same are posted hereto. A Registered User desiring to object to any proposed amendment or amended User Agreement must give notice of objection to Alliance Magnetics HK Ltd in writing). In the event of such an objection, the registration of that Registered User will be automatically terminated, and that Registered User will be thereafter prohibited from using the AMExchnages.com site, auction system, and services. Each Registered User who does not so object will be deemed to have accepted and agreed to such amended User Agreement, which shall take immediate effect on the date of such posting. Such acceptance and agreement shall have the same effect as if that Registered User had manually signed the same.
Eligibility & Registration
The use of the AMExchanges.com site, auction system, and services is limited to persons that can enter into and form legally binding contracts under Hong Kong law. Minors (persons under 18) are prohibited from using such system and services. A Registered User must provide truthful and accurate information when registering, since submitting a registration indicates acceptance of this User Agreement. Alliance Magnetics HK Ltd reserves the right to refuse use of the AMExchanges.com site, auction system, and services to anyone at any time for any reason without notice.
1. Use of the Services and Site
Use of the Alliance Magnetics HK Ltd’s site, AMExchange.com, is governed by this User Agreement and all of the agreements incorporated herein by reference. Alliance Magnetics HK Ltd provides an internet venue that allows a Seller to merchandise its product through an auction style format. This internet venue, hereafter referred to as an "auction" or "auction services," is located on the Alliance Magnetics HK Ltd’s AMExchanges.com site. Alliance Magnetics HK Ltd cannot and does not guarantee the accuracy of any information provided by any Registered User of the AMExchanges.com, auction system, or service. Alliance Magnetics HK Ltd is in no way associated or involved with the actual transaction between any Buyer and Seller, and does not act as an agent for any Buyer or Seller.
Since AMExchanges.com is acting only as a venue, and is not involved in the actual transaction between any Buyer and Seller, Alliance Magnetics HK Ltd has no control over the quality, truthfulness in accuracy, safety, or legality of any Auction Item advertised on the site. Also, Alliance Magnetics HK Ltd cannot ensure the ability of any Seller to sell any Auction Item or of the ability of any Buyer to purchase any Auction Item on which a Buyer has successfully bid.
Alliance Magnetics HK Ltd reserves the right to stop or delete any auction or listing on the AMExchanges.com site at any time for any reason, at their sole discretion. Alliance Magnetics HK Ltd may also restrict access to certain postings at their sole discretion.
Prohibited Uses: Alliance Magnetics HK Ltd prohibits the resale of AMExchanges.com site services by any Registered User. In addition, any data or e-mail mining, or any other use of user information not associated with or specifically allowed under this User Agreement is strictly prohibited.
Termination: Alliance Magnetics HK Ltd reserves the right to refuse use of the AMExchanges.com site, auction system, and services to anyone at any time for any reason whatsoever without notice or explanation.
2. Fees
There are no registration membership fees. Becoming a Registered Buyer or a Registered Seller at AMExchanges.com is completely free.
The auction service fees charged in relation to the site are paid by the Seller to Alliance Magnetics HK Ltd as detailed below:
The "Winning Bid" is defined as the highest bid in Auction, if there is no reserve price. Or the highest bid in a Reserve Auction that meets or exceeds the Reserve Price. Provided, however, that in the event two or more Bidders tie for the highest bid in any of the aforementioned alternatives, the Winning Bid shall be deemed to be the bid by the Bidder who first placed the highest bid with AMExchanges.com. A "Completed Auction" is defined as any auction which results in a "Winning Bid" at the Auction Closing.
Traditional Auction Service Fees
The cost of the auction service payable to Alliance Magnetics HK Ltd for any Traditional Auction (with or without a Reserve Price) is paid for by the Seller. The cost of the auction service is defined as the Service Fee. The Service Fee is calculated by multiplying the Winning Bid Dollar Amount by the following fee schedule:
15% Service Fee for gross winning bid equal or less than US$1000.00
10% Service Fee for gross winning bid between US$1000.01 to US$5,000.00
7% Service Fee for gross winning bid between US$5000.01 to US$10,000.00
5% Service Fee for the gross winning bid above US$10,000.00.
AMExchanges.com does not have any minimum price or quantity restriction, which many commercial auction sites require.
The Service Fee as defined above is and will only be charged for actual "Completed Auctions" as defined above.
I WANT TO BUY Processing Fees:
When a Registered User successfully procures the material via an “I WANT TO BUY” listing, they will be charged a processing fee. The Registered User agrees to pay Alliance Magnetics HK Co. Ltd an “I WANT TO BUY” processing fee of 3.5% of the total gross purchase amount with a minimum processing fee of US$100.00.
AMExchanges.com will assist the Buyer in negotiating with potential Seller(s) on payment terms and facilitate the transaction. However, the Registered User understands and agrees that Alliance Magnetics HK Ltd is NOT liable for and does not offer any guarantee or warranty for the quality and performance of the component and material that is procured via AMExchanges.com’s “I WANT TO BUY” venue.
Alliance Magnetics HK Ltd shall not be held liable by any user who may experience problems, direct, indirect, consequential loss or damage arising or originating from use of the auction system and service or materials contained in or accessed through the website. This includes, but is not limited to, any such problems, loss or damage caused by system failures, system errors, Internet related problems, power outages, fire and theft, or any or all Acts of God.
**Note: It is within the sole discretion of Alliance Magnetics HK Ltd to offer discounts on Service Fees and/or Process Fee to those companies who have set up long term partnership programs as regards their selling of excess prime or excess secondary electronics materials and components at the AMExchanges.com site / venue.
By posting an amended User Agreement on the site, Alliance Magnetics HK Ltd may revise this fee structure at any time.
Right of Refusal of Auction Sale
A Registered Seller has the Right of Refusal in any Reserve Price auction where the High Bid for that Auction Item does not meet or exceed the agreed upon Reserve Price, pursuant to the User Agreement.
The Right of Refusal does not exist in any Non-Reserve Price Auction, where a Winning Bid is obtained, since a Seller is legally obligated to complete such a transaction, pursuant to the User Agreement.
3. Bidding & Buying
A Buyer must register in order to be eligible to bid and buy any Auction Item listed for sale on the AMExchanges.com site. A Buyer only needs to register once in order to participate. The Successful Bidder is defined as the Registered Buyer that places the Winning Bid in any Traditional Auction (with or without a Reserve Price). A Successful Bidder must honor the Winning Bid placed in any auction and is obligated to complete the transaction with the Seller. By bidding in an auction, a Buyer agrees to honor all listed terms of sale including, but not limited to, method of payment, banking fees, appropriate sales tax, and shipping and handling fees. Failing to honor any of a Buyer's obligations may result in the termination of the Buyer's registration with Alliance Magnetics HK Ltd, as well as, any consequential legal judgment against the Buyer for breaching the legal contract consummated upon being declared the Winning Bidder at time of Auction Close.
Final bid figure: Bids placed on any auction on the AMExchanges.com site may be figures specified up to three (3) decimal places for the unit price of the Auction Item (e.g. 1,709.412). Upon close of the auction, the Registered Seller and successful Registered Buyer will be provided with details of the Winning Bid and the Total Amount. The Total Amount is defined as the Winning Bid figure rounded up to two (2) decimal places (e.g. 1,709.42). Where applicable, the Successful Bidder agrees to honor this Total Amount figure and is obligated to complete the transaction with the Seller on the basis of the Total Amount figure.
Bid Retraction: A Bid is not retractable except under circumstances deemed appropriate by Alliance Magnetics HK Ltd. Such circumstances may include, but are not limited to: 1) a Seller's later material and significant change to the description of the Auction Item listed for sale which was unknown or unforeseen at the time of posting; 2) a material and significant descriptive or typographical error with respect to the Auction Item; and / or 3) the later addition of a term or condition not presented in the original posting.
Bid Manipulation: Bid manipulation in any form, and for any reason is strictly prohibited!
Disputes: Alliance Magnetics HK Ltd will NOT be involved in any disputes between a Buyer and a Seller and will request that both parties attempt to work together to resolve any dispute.
4. Selling & Sellers
A Seller must register with Alliance Magnetics HK Ltd in order to be eligible to offer an item or items for sale at auction on the AMExchange.com site. A Seller has the right to exercise a Right of Refusal only when a final highest Bid is not meeting Reserve Price in a Reserve Price Auction.
Circumstances that may relieve the Buyer of completing a transaction include, but are not limited to, the later addition of a material and significant term or conditions not presented in the original posting, or a material and significant change in the description of the Auction Item through an addendum after the Buyer has placed a bid on it.
After a Seller lists an item for auction on the site, the Seller may not materially and significantly change any of the terms and conditions of the sale; provided, however, the Seller may add descriptive information consistent with the original posting in the form of text and / or photographs.
A Seller must be legally able to sell an Auction Item that such Seller lists for sale on the site. A Seller must provide an accurate description of any Auction Item listed for sale, as well as any material and significant term or condition. Alliance Magnetics HK Ltd may immediately suspend or terminate any Registered User's account if Alliance Magnetics HK Ltd reasonably suspects that such Registered User has engaged in fraudulent activity in connection with the AMExchanges.com Site.
Final bid figure: Bids placed on any auction on the AMExchanges.com site may be figures specified up to three (3) decimal places for the unit price of the Auction Item (e.g. 1,709.412). Upon close of the auction, the Registered Seller and successful Registered Buyer will be provided with details of the Winning Bid and the Total Amount. The Total Amount is defined as the Winning Bid figure rounded up to two (2) decimal places (e.g. 1,709.42). Where necessary, the Seller agrees to honor this Total Amount figure and is obligated to complete the transaction with the Seller on the basis of the Total Amount figure.
Bid Manipulation: A Seller is strictly prohibited from bidding on the Seller's own Auction Item. Such manipulation includes, but is not limited to, a Seller using a third-party bidder to manipulate the price of the Seller's own Auction Item.
Copyrights, Trademarks and Intellectual Property: A Seller is prohibited from infringing on copyright, trademark or intellectual property rights belonging to any other person or any other legal entity. Alliance Magnetics HK Ltd disclaims any responsibility with respect to any infringement of such intellectual property rights by any Seller.
Listing Content: Alliance Magnetics HK Ltd does not control the content provided by any Registered User of the AMExchanges.com site and assumes no responsibility for information that may be offensive or inaccurate.
Disputes: Alliance Magnetics HK Ltd will not be involved in any dispute between a Buyer and a Seller and will request that both parties attempt to work together to resolve any dispute.
5. Feedback
AMExchanges.com provides the opportunity for feedback to promote fairness in dealings with other parties. All feedback is transaction sensitive. Please contact Alliance Magnetics HK Ltd after you have obtained all the facts regarding your transaction. Leaving negative feedback to extort another user is strictly prohibited. Feedback and comments made are solely for use with the AMExchanges.com site auction venue service. Excessive negative feedback may result (at the sole discretion of Alliance Magnetics HK Ltd), in the termination of a Registered User's registration for the AMExchanges.com site and services. Please email your feedback to info@AMExchanges.com . Alliance Magnetics HK Ltd reserves the right to filter and/or delete any inappropriate, offensive or defamatory feedback, both before and after the same is posted on the AMExchanges.com site.
6. System Integrity
Undermining the usability or working condition of the AMExchanges.com site or web server is strictly prohibited. Unauthorized use of passwords or user accounts is also prohibited. Do not share your account information with a third person.
7. Breach of the User Agreement
Any breach of this User Agreement, including, but not limited to, providing inaccurate registration information, may result in the termination or temporary suspension of a AMExchanges.com account.
8. Disclaimer
Alliance Magnetics HK Ltd HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE AMExchanges.COM SITE, THE AUCTION SERVICES, AND ANY AUCTION ITEM BEING SOLD, OR TO THE CONDITION OR QUALITY OF SUCH AUCTION ITEM THAT HAS BECOME ANY BASIS OF THIS BARGAIN. FURTHER, Alliance Magnetics HK Ltd HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE AMExchanges.com SITE, THE AUCTION SERVICES, AND ANY AUCTION ITEM BEING SOLD THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE AMExchanges.com SITE, THE AUCTION SERVICES, AND ANY AUCTION ITEM WOULD CONFORM TO ANY SUCH AFFIRMATION OR PROMISE. ANY DESCRIPTION OF THE AUCTION ITEM CONTAINED ON THE AMExchanges.com SITE IS FOR THE SOLE PURPOSE OF IDENTIFYING THE AUCTION ITEM, AND NO DESCRIPTION OF THE AUCTION ITEM HAS BEEN MADE PART OF THE BASIS OF THE BARGAIN OR HAS CREATED AN EXPRESS WARRANTY THAT THE AUCTION ITEM WOULD CONFORM TO ANY DESCRIPTION MADE BY Alliance Magnetics HK Ltd.
EACH AUCTION ITEM DESCRIBED ON THE AMExchanges.com SITE IS SOLD ON AN "AS IS," "WHERE IS" BASIS, UNLESS OTHERWISE POSTED IN THE AUCTION ITEM'S BID FORM DESCRIPTIVE INFORMATION. Alliance Magnetics HK Ltd DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO ANY AUCTION ITEM BEING SOLD ON THE AMExchanges.com SITE AND ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE WHATSOEVER WITH RESPECT TO ANY AUCTION ITEM BEING SOLD ON THE AMExchanges.com SITE.
EACH REGISTERED BUYER ACKNOWLEDGES THAT SUCH BUYER ACCEPTS EACH AUCTION ITEM "AS IS," "WHERE IS," AND WITH ALL FAULTS IF ANY.
Alliance Magnetics HK Ltd DOES NOT WARRANT THE AVAILABILITY OF ANY OF ITS AUCTION SERVICES. Alliance Magnetics HK Ltd DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT IN THOSE PARTICULAR STATES. A REGISTERED BUYER OR SELLER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
9. Limitation of Liability
Alliance Magnetics HK Ltd SHALL NOT BE LIABLE OR RESPONSIBLE FOR AND SHALL BE INDEMNIFIED, DEFENDED, AND SAVED AND HELD HARMLESS BY EACH REGISTERED BUYER AND EACH REGISTERED SELLER FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, PROCEEDINGS OR LIABILITY IN ANY CHARACTER, TYPE, OR DESCRIPTION RELATING TO THIS USER AGREEMENT INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY ARISING OUT OF OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, Alliance Magnetics HK Ltd’s AUCTION SERVICES, THE USE OR INABILITY TO USE THE AMExchanges.com SITE AND AUCTION SERVICES, OR ANY ACT OR OMISSION OF Alliance Magnetics HK Ltd RELATING TO THIS USER AGREEMENT. IN NO EVENT SHALL Alliance Magnetics HK Ltd BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AMExchanges.com SITE, THE AUCTION SERVICES, OR THIS USER AGREEMENT.
If, notwithstanding the foregoing, Alliance Magnetics HK Ltd should be found to be liable for any loss or damage, the liability of Alliance Magnetics HK Ltd to any person in any circumstance is limited liquidated damages equal to the greater of (a) the amount of fees paid to Alliance Magnetics HK Ltd in the transaction giving rise to such liability, or (b) $100. Some country / states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply in those particular states / countries.
Acceptance of this User Agreement and participation in such auction services constitute acceptance of and agreement to the AMExchanges.com’s Legal Disclaimer which is incorporated herein by reference. EACH BUYER OR SELLER AGREES TO THE TERMS OF THE ALLIANCE MAGNETICS HK LTD LEGAL DISCLAIMER.
10. Privacy Policy
Acceptance of this User Agreement constitutes agreement to the Alliance Magnetics HK Ltd’s Privacy Policy [insert hyperlink] which is incorporated herein by reference. EACH BUYER OR SELLER AGREES TO THE TERMS OF THE ALLIANCE MAGNETICS HK LTD PRIVACY POLICY.
11. General Release
Each Buyer and Seller hereby agrees to release Alliance Magnetics HK Ltd it's parent company, subsidiaries, affiliates, officers, directors, shareholders, agents, and its employees from all claims, demands, and damages, both actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way associated or connected with the AMExchanges.com site and the auction services. If a Buyer or Seller is a resident of California United States of America, that person waives California Civil Code §1542, as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Legal Compliance
Each Registered Buyer and each Registered Seller is required to comply with all applicable local, Hong Kong, United States, foreign, and international laws, statutes, ordinances, and regulations regarding use of auction services hereunder or relating to this User Agreement. Auction services are provided by Alliance Magnetics HK Ltd.
13. Copyright
The content of the AMExchanges.com web site is the property of Alliance Magnetics HK Ltd or of the person supplying the content and may be protected by Hong Kong, United States, foreign, or International copyright laws. All software used to run the site is the sole property of Alliance Magnetics HK Ltd and may not be used by any other party in any way whatsoever.
14. Indemnity
EACH REGISTERED BUYER AND EACH REGISTERED SELLER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Alliance Magnetics HK Ltd and ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES, FROM ANY CLAIM OR DEMAND, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY BREACH BY THAT REGISTERED BUYER OR REGISTERED SELLER OF THIS USER AGREEMENT OR ANY AGREEMENT INCORPORATED HEREIN BY REFERENCE, ANY VIOLATION BY THAT REGISTERED BUYER OR REGISTERED SELLER OF ANY LAW, STATUTE, ORDINANCE, OR REGULATION, OR ANY VIOLATION BY THAT REGISTERED BUYER OR REGISTERED SELLER OF ANY DUTY TO ANY THIRD PARTY.
15. Arbitration and Legal Proceedings
Any legal controversy or legal claim arising out of or relating to this User Agreement or auction services hereunder shall be resolved by binding arbitration with a single arbitrator pursuant to the then existing Commercial Arbitration Rules in Hong Kong. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other person. The arbitration shall be conducted in Hong Kong. The arbitrator will be chosen from a panel of licensed attorneys, each of which having at least ten (10) years of professional experience, and who are familiar with the subject matter of this User Agreement. The arbitrator will be appointed within thirty (30) days of the date the demand for arbitration was sent to the other party. The arbitrator will have the authority to grant injunctive relief in a form similar to that which a court of law would otherwise grant. The arbitrator shall not have the power to grant exemplary or punitive damages. Discovery will be permitted in accordance with the then existing Commercial Arbitration Rules in Hong Kong. If an arbitration proceeding is brought pursuant to this Agreement, the prevailing party will be entitled to recover reasonable attorneys' fees, costs, and necessary disbursements incurred in addition to any other relief to which such party may be entitled. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce award or to comply with legal or regulatory requirements. Before making any such disclosure, the party intending to make the disclosure shall give the other party written notice of such intention and shall afford the other party a reasonable opportunity to protect its interests, which such period shall not be less than twenty (20) days from the non-disclosing party's receipt of the aforementioned written notice. Where there is any inconsistency with or incompatibility of the above with the then existing Commercial Arbitration Rules in Hong Kong, the said Commercial Arbitration Rules will prevail.
THE INTERPRETATION, CONSTRUCTION, AND PERFORMANCE OF THIS USER AGREEMENT AND THE RIGHTS AND REMEDIES OF PARTIES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF HONG KONG, WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICTS OF LAW.
Notwithstanding the provisions in the first paragraph of this Section 15, (a) Alliance Magnetics HK Ltd, or any Registered Seller or Registered Buyer may initiate legal action to seek a temporary restraining order and/or temporary injunctive relief relating to AMExchanges.com site operations, intellectual property, this User Agreement, and auction services, from a court in Hong Kong, pending the completion of arbitration, and (b) Alliance Magnetics HK Ltd may initiate legal action to collect fees hereunder and/or recover damages relating to the AMExchanges.com site operations, intellectual property, this User Agreement, and auction services. Should any person file an action in violation of this Section 15, the non-breaching party may recover reasonable legal fees and court costs from the breaching party. FOR THE PURPOSE OF THE REMEDIES CONTAINED IN THIS THIRD PARAGRAPH OF SECTION 15, EACH REGISTERED USER HEREBY AGREES THAT HONG KONG COURTS SHALL HAVE PERSONAL AND EXCLUSIVE JURISDICTION OVER EACH REGISTERED USER TO DECIDE ANY MATTER ARISING UNDER THIS USER AGREEMENT AND DESCRIBED IN THIS THIRD PARAGRAPH OF SECTION 15, AND EACH REGISTERED USER HEREBY FURTHER AGREES THAT THIS USER AGREEMENT AND ALL OBLIGATIONS CREATED UNDER IT ARE PERFORMABLE IN HONG KONG, AND THE PROPER AND EXCLUSIVE VENUE FOR JUDICIAL DETERMINATION OF ALL MATTERS RELATING TO THIS USER AGREEMENT AND DESCRIBED IN THIS THIRD PARAGRAPH OF SECTION 15 SHALL BE IN THE COURTS OF HONG KONG.
16. Binding
This User Agreement and all agreements incorporated herein by reference shall be binding on and inure to the benefit of Alliance Magnetics HK Ltd each Registered Seller, each Registered Buyer, and their respective heirs, executors, administrators, successors, and assigns.
17. Severability
In the event that any one or more of the provisions contained in this User Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision contained herein, and this User Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
18. Terms
This User Agreement shall be effective with respect to Alliance Magnetics HK Ltd and a particular Registered Buyer or Registered Seller commencing at the time of such buyer or seller's registration with AMExchanges.com and ending at the time, Alliance Magnetics HK Ltd, such Registered Buyer, or such Registered Seller shall give notice of termination to the other party to this User Agreement. All of the rights and remedies of Alliance Magnetics HK Ltd under this User Agreement shall survive the termination of this User Agreement.
19. Notice
Any notice provided pursuant to this User Agreement shall be in writing and shall be deemed given: (i) by email; (ii) if by mail, three (3) days after deposit in the post office mailboxes, whether by regular post, postage prepaid, certified mail, return receipt requested, or any and all forms of non-guaranteed delivery services; (iii) if by facsimile transmission, upon electronic confirmation thereof; or (iv) if by next day delivery service, upon such actual delivery. All notices shall, where applicable, be addressed to the Registered Seller or Registered Buyer at the last address furnished to Alliance Magnetics HK Ltd, or to Alliance Magnetics HK Ltd as follows:
Alliance Magnetics HK Ltd
Block B 1/F Tin On Industrial building
777 Cheung Sha Wan Road
Cheung Sha Wan, Kowloon, Hong Kong
or such other address as Alliance Magnetics HK Ltd may post on the AMExchange.com site in the future.
20. Waiver
The waiver or failure of either Alliance Magnetics HK Ltd, or a Registered User to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.
21. Entire Agreement
This Alliance Magnetics HK Ltd User Agreement and all agreements incorporated herein by reference constitute the entire written agreement between Alliance Magnetics HK Ltd, and a Registered Seller concerning their subject matter and supersede any previous or contemporaneous understandings or written or oral agreements between Alliance Magnetics HK Ltd and a Registered Seller respecting their subject matter.
This Alliance Magnetics HK Ltd User Agreement and all agreements incorporated herein by reference, together with any applicable rules, regulations, policies and/or guidelines on the AMExchanges.com website constitute the entire written agreement between Alliance Magnetics HK Ltd and a Registered Seller or Buyer concerning their subject matter and supersede any previous or contemporaneous understandings or written or oral agreements between Alliance Magnetics HK Ltd and a Registered Seller or Buyer respecting their subject matter.
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