Litum Terms of Sale and Service
1. Agreement to Terms
These Terms of Sale and Service (“Terms”) govern your purchase and use of products and services provided by Litum (“Company,” “we,” “us,” or “our”), including real-time location system (RTLS) solutions involving software, firmware, and hardware. By purchasing and using Litum’s products, you agree to be bound by these terms. Any deviations from these terms must be agreed upon in writing.
2. Products and Services Provided
Litum offers RTLS solutions, which include software licenses, firmware updates, and hardware for location tracking in healthcare and industrial environments. The performance of these products may vary depending on installation environments, external factors, and integration with third-party systems. Litum is not responsible for the operation of the RTLS solutions when external factors, unauthorized modifications, or failure to follow provided installation or operational guidelines affect functionality.
3. Order Acceptance and Pricing
All orders placed are subject to acceptance by Litum, and we reserve the right to refuse any order. Formal acceptance occurs when Litum sends a confirmation via email or other official communication channels. Prices are subject to change without notice until an order is confirmed. Any applicable taxes, duties, and fees are the responsibility of the customer and will be added to the final invoice where applicable. Errors in pricing due to typographical errors or miscommunications are subject to correction.
4. Shipping and Delivery
Shipping and delivery dates provided are estimates only. Litum will not be held responsible for any delays or losses caused by carriers, customs, or unforeseen events, including force majeure. Risk of loss or damage to products passes to the customer upon delivery. Any claims regarding shortages or damages must be made to the carrier and Litum within 7 days of receipt of the products.
5. Payment Terms
All invoices are payable in full within the payment terms specified in the order confirmation. Litum reserves the right to suspend any further deliveries or services if payment is not made in accordance with these terms. Late payments will incur interest charges at the rate of 1.5% per month (or the highest rate permitted by law). Litum also reserves the right to collect any costs incurred from collecting overdue payments, including legal fees.
6. Limited Warranty
Litum warrants that its products are free from defects in materials and workmanship for a period of 12 months from the date of delivery. This warranty is void if the product is altered, improperly used, or subjected to unauthorized repair. Except as expressly stated in this section, Litum makes no other warranties, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All claims must be made within the warranty period, and Litum’s sole liability is limited to repair or replacement, or refund of the purchase price of the defective product.
7. Software License
Customers are granted a limited, non-exclusive, and non-transferable license to use the software included with Litum’s products. All intellectual property rights of the software belong to Litum, and it may not be copied, modified, reverse-engineered, or distributed without prior written consent. Any updates or modifications provided by Litum remain the property of Litum, and the license will automatically be revoked in case of non-compliance with these terms.
8. Data Protection and Privacy
Litum is committed to protecting the privacy and security of the data collected from the users of our products and services. The data collected, including but not limited to personal information, will be used solely for processing orders, providing support, and improving our services.
9. Compliance with Laws
Litum and the customer agree to comply with all applicable laws and regulations in the performance of their obligations under these terms, including but not limited to export control laws and regulations. The customer agrees that the products purchased from Litum will not be used in any manner prohibited by law or detrimental to Litum’s interests.
10. Maintenance and Support
Litum provides maintenance and support services for its products under the terms specified in the order confirmation or as otherwise agreed upon. These services may be subject to additional fees as specified in the service agreement. Litum reserves the right to modify or discontinue support services at any time.
11. Subscription Services
Where Litum’s products are provided on a subscription basis, such subscriptions are subject to automatic renewal under the same conditions unless cancelled by either party with notice. Specific terms related to renewal, cancellation, and any associated fees shall be detailed in the subscription agreement.
12. Export Control
The products and services provided by Litum are subject to the export control laws and regulations of the Republic of Türkiye, where they are manufactured, and the countries to which they are shipped. The customer agrees to abide by all these regulations and not to export or re-export the products to countries or persons prohibited under the export control laws.
13. Notices
All notices, requests, demands, and other communications under these terms shall be in writing and properly addressed as per the contact information provided on Litum’s website or as otherwise specified in the service agreement. Notices shall be deemed given on the date of delivery if delivered by hand, or three days after mailing if sent by postal mail.
14. Limitation of Liability
Litum will not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, loss of data, loss of business, or interruption of operations, even if Litum has been advised of the possibility of such damages, to the maximum extent permitted by applicable law. In any event, Litum’s total liability for any claim arising out of or related to these terms or the use of its products shall not exceed the total amount paid by the customer for the product(s) giving rise to the claim.
15. Force Majeure
Litum will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to force majeure events such as natural disasters, extreme weather conditions, war, pandemics, labor disputes, equipment failures, or governmental actions. In such instances, Litum reserves the right to terminate or suspend its obligations without liability.
16. Intellectual Property Rights
All intellectual property rights, including patents, trademarks, copyrights, applications, programs and trade secrets, related to Litum’s products, remain the property of Litum. Customers are prohibited from using, reproducing, or distributing any intellectual property without prior written consent. These rights extend to any updates, derivatives, or improvements of the products.
17. Return Policy and Product Acceptance
Litum offers a 30-day return period from the date of delivery for hardware products in new, unopened condition. Refunds are subject to inspection and approval. Software licenses are non-refundable. If any product fails to meet the specifications within this period, Litum may, at its discretion, repair, replace, or refund the purchase price. Returns of custom products or special orders are not accepted.
18. Indemnification
You agree to indemnify and hold harmless Litum, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising out of your breach of these terms or your use of Litum products, to the extent that the claim is attributable to such breach or misuse.
19. Amendments
Litum reserves the right to amend or update these terms at any time. Such modifications will become effective upon posting on Litum’s website or upon notification to the customer. Continued use of Litum products after such changes shall constitute acceptance of the updated terms.
20. Severability
If any provision of these terms is found to be unenforceable or invalid under any applicable law, such provision shall be severed from these terms and the remaining provisions shall remain in full force and effect.
21. Termination
Litum reserves the right to terminate these terms and cease providing products or services in the event of a breach of these terms by the customer or for any reason as deemed necessary by Litum, upon reasonable notice.
