Terms and Conditions
Terms of PaymentInvoices are due within the stated number of days from
the invoice date. Any amounts not paid within terms are subject to a finance
charge of 1.5% per month. 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 Sellers sole
discretion, Seller may require partial or full payment of invoice prior to
Length ToleranceIndividual 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.
ReturnsNo material shall be accepted for return unless Seller, in
writing, issues a Returned Goods Authorization (RGA). A restocking charge may
apply. Specialty manufactured goods to a customers specifications or requirements,
and cable cut to a particular length that are short or unsaleable, are not
returnable. USA Wire & Cable, Inc. will exercise its sole discretion to
determine whether an item may be returned.
In the event Seller shipped incorrect material, either from
their warehouse or drop shipped from a supplier, an RGA will be issued to the
purchaser to return the material for credit. No credit will be given if the
purchaser has installed the material, as the purchaser has a duty to inspect
the material and ascertain the correct product has been received before
installation. Seller will not accept any return for installed material, nor
will Seller issue credit for incorrect material which has been installed.
In the event purchaser ordered the incorrect material, an
RGA will be determined as follows: If
Seller shipped material from its standard
stock inventory, material may be returned and a restocking charge will apply.
The material must be in its original shipped and packaging condition and must
not have been cut or installed; Seller also determines it is a reasonable
resalable length. If the material was drop shipped from a suppliers warehouse,
any restocking charge and other
terms will be governed by the suppliers return
policy. In no event will specialty manufactured product manufactured to a
customers specification be considered for a return or credit.
Defective MaterialPurchaser must notify Seller in writing, within 30 days of
receipt, of any defective material. Seller reserves the right to perform any
testing either on the purchasers site, at the manufacturers factory or at Sellers
warehouse location. If testing determines the material is defective as a result
of manufacturing processes, an RGA will be issued for return and for credit. If
testing determines the material is defective as a result of physical damage or
faulty installation practices, no RGA or credit will be issued. Failure to give
notice of defect shall constitute waiver by purchaser of any and all remedies
for such defect.
Limitation of LiabilitySeller shall have no responsibility or liability with
respect to matters not reported in writing within
30 days of date of receipt. Seller
shall have no liability for failure or damage due to misapplication, abuse, 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 may 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.
WarrantySeller does not manufacture the products sold by Seller. Seller
is a distributor and sells under the manufacturers brand or trade name. Seller
shall use its 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.
ShipmentSeller 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 Sellers
control. Seller is not liable for delays in delivery caused by circumstances
beyond its control, including delays by common carriers.
F.O.BUnless 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
PricingPrices quoted are valid for thirty (30) days. Pricing is
based on the total offer, including all items, and is 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.
TaxesPrices quoted do not include any Federal, state, use, duty,
value-added or other taxes. Purchaser is liable for any such taxes incurred.
TerminationAny order terminated by the purchaser is subject to charges
and expenses incurred by the Seller in preparation of fulfilling the order.
Clerical ErrorsSeller 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
OF EACH OF THE TERMS AND CONDITIONS.