TERMS OF PAYMENT

Invoices are due within the stated number of days from the Invoice date. Any amounts not paid within terms are subject to finance charge of 1.5% per month, or the maximum interest rate allowed by state law. Amounts due and payable in Travis County, Texas. If any cash discount is offered, seller may charge back the purchaser for improperly taken discounts not within the stated terms. Seller may engage an outside collection agency to collect past due invoices. Purchaser remains liable for the unpaid invoice balance and also fees for collection agencies, attorneys, etc. in collecting the invoice. At seller’s sole discretion, seller may require partial or full-payment of Invoice prior to shipment.

LENGTH TOLERANCE

Individual reels and shipped lengths are subject to an industry tolerance of plus or minus 10% of the quantity ordered, unless another tolerance is agreed to in writing.

RETURNS

No material shall be accepted for return unless seller, in writing, issues an authorized Returned Goods Authorization (R.G.A.).

A restocking charge may apply at the discretion of the seller. The purchaser/installer has a duty to inspect the material and no R.G.A. will be issued for material that has been installed. Additionally, specialty manufactured goods to a customer’s specifications/requirements, and cable cut to a particular length are not returnable. U.S.A. Wire & Cable’s will exercise its sole discretion to determine whether an item may be returned.

LIMITATION OF LIABILITY

Seller shall have no responsibility or liability with respect to matters not reported in writing within (1) month of date of shipment. Seller shall have no liability for failure or damage due to misapplication, abuse, and improper installation, abnormal conditions of use, or failure to meet local building codes. Seller shall not be liable for any damages suffered by purchaser or any person or entity using or coming in contact with the product in question, including, but not limited to personal or economic injury. Seller shall be limited to replacement of defective material only and not liable for special, indirect, incidental or consequential damages including, but not limited to, labor and supplies for the removal and replacement of goods.

DEFECTIVE MATERIAL

It is the purchaser responsibilities to notify seller of any possible defect on the day of discovery of the defect or within seven (7) days after receipt, whichever occurs first. Failure to give notice of defect shall constitute waiver by purchaser of any and all remedies for such defect.

WARRANTY

Seller does not manufacture the products sold by seller. Seller is a distributor and sells under the manufacturer’s brand or trade name. Seller shall use it’s best efforts to obtain from the manufacturer involved, in accordance with such manufacturers customary practice, the repair or replacement of such product as may be determined in workmanship or material during a twelve (12) month period from the date of shipment. SELLER MAKES NO WARRANTY OF QUALITY, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS AND DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SHIPMENT

Seller shall state at the time of the quotation or acceptance of the order, the current shipment lead times. Stock is subject to prior sale and manufacturing lead times are subject to conditions outside the seller’s control. Seller is not liable for delays in delivery caused by circumstances beyond its control, including delays by common carriers.

F.O.B.

Unless otherwise stated, delivery is F.O.B. point of shipment. Title passes to purchaser at this point and subsequently purchaser is responsible for filing any freight claim in the event of damaged goods while in transit.

PRICING

Prices quoted are valid for thirty (30) days. Pricing is based on the total offer including all items and based on receiving an immediate release. If only certain items are purchased, seller reserves the right to re-price the offer based on the changed requirements. Prices are quoted on a stated copper base and subject to escalation on date of shipment.

TAXES

Prices quoted do not include any Federal, state, sales, use, duty, value-added or other taxes. Purchaser is liable for any such taxes incurred.

TERMINATION

Any order terminated by the purchaser, is subject to charges and expenses incurred by the seller in preparation of fulfilling the order.

CLERICAL ERRORS

Seller reserves the right to correct clerical errors and shall not be liable for such errors.

ALL SALES ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ABOVE. ACCEPTANCE OF THE PRODUCT BY PURCHASER SHALL BE DEEMED TO BE ACCEPTANCE OF EACH OF THE TERMS AND CONDITIONS.