The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Coaxial Components Corp. (“Coaxicom”) to Coaxicom’s Customers (“Customers”).
ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by Coaxicom in writing by a duly authorized agent of Coaxicom; any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted and processed by Coaxicom may not be cancelled by Customer except as covered by the Limited Warranty. Cable Assemblies and Non-Standard Products are also Non-Cancelable/Non-Refundable (“NC/NR”). Non-Standard Parts are defined as Products which are special orders, custom orders, and orders for non-standard products, products not customarily in stock or orders for value-added products. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which Coaxicom may have as a result of such cancellation or other withdrawal, a 30% cancellation or restocking charges, which shall include all expenses then incurred and commitments made by Coaxicom, shall be paid by Customer to Coaxicom. Customer requests to reschedule are subject to acceptance by Coaxicom at its sole discretion. Orders may not be rescheduled after the order has been submitted by Coaxicom to the shipment carrier.
Orders are billed at the prices (in US dollars) in effect at the time of purchase order (PO). Prices will be as specified by Coaxicom and will be applicable for the period specified in Coaxicom’s quote. If no period is specified, quoted prices will be applicable for forty five (45) days. Prices are subject to change in the event of a change in Coaxicom’s costs or other circumstances beyond Coaxicom’s reasonable control. Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, document fees and import duties.
TERMS OF PAYMENT
Minimum order amount is $118.00.
Credit cards accepted are MasterCard, Visa, American Express and major bank debit cards. Payment via net thirty (30) days is available upon approval.
FOR ALL INTERNATIONAL ORDERS
All payments must be in US Dollars and drawn on a US bank, using the available exchange rate at the time of the purchase order (PO). Credit cards accepted are MasterCard, VISA, American Express or wire transfer. The total amount which will include shipping charges and a $35.00 wire transfer fee if applicable must be received prior to shipment. In addition Customer is responsible for duties and taxes.
Customer agrees to pay the entire net amount of each invoice from Coaxicom pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by Coaxicom, which may at its sole discretion at any time change the terms of Customer’s credit, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Customer’s order before shipment of any or all of the Products. If Coaxicom reasonably believes that the Customer’s ability to make payments may be impaired or if Customer fails to pay any invoice when due, Coaxicom may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as Coaxicom may reasonably require for determination of credit terms and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by Coaxicom against any obligation owing by Customer to Coaxicom under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer’s liability for any additional amounts owing by Customer to Coaxicom. The acceptance by Coaxicom of such check will not constitute a waiver of Coaxicom’s right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of twenty four (24%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, Coaxicom may pursue any legal or equitable remedies, in which event Coaxicom will be entitled to reimbursement for costs of collection and reasonable attorneys’ fees. There is a $35.00 service charge on all returned checks.
All payments must be in US Dollars, or will be converted to US Dollars using the available exchange rate at the time of purchase.
All coaxial cable assemblies displayed in the Coaxicom catalog and website have a standard cable length tolerance of ± 1.0% or ¼ inches (0.25”), whichever is greater. Cable Assemblies in excess of this tolerance factor are eligible for repair and / or replacement under the terms of the Coaxicom Limited Warranty.
DELIVERY AND TITLE
All shipments by Coaxicom are F.O.B. point of shipment from Coaxicom’s facility and the amount of all transportation charges will be paid to Coaxicom by the Customer in addition to the purchase price of the Products. Subject to Coaxicom’s right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Coaxicom will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Coaxicom are estimates only and that Coaxicom will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Coaxicom unless specifically designated by Customer. Coaxicom reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity which varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
Coaxicom’s LIMITED WARRANTY
All products are covered by a LIMITED WARRANTY for a period of ninety (90) days from the date of shipment when purchased from Coaxicom. Customer must notify Coaxicom within 90 days from date of shipment of any defective product. An approved Return Materials Authorization (RMA) number must first be obtained from Coaxicom prior to the return of any merchandise to Coaxicom for inspection under warranty. Shipping charges for all materials returned under this Limited Warranty are to be paid by the Customer. This warranty is limited to the original purchaser. Coaxicom’s liability arising out of any sale of products to Customer is expressly limited to either (1) Credit for the purchase price paid by Customer for such products (without interest), or (2) Repair and/or replacement of such products, found to be defective after inspection by Coaxicom, and such remedies shall be exclusive and in lieu of all others. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Further, no warranty will apply if the Product has been subject to misuse, neglect, accident or modification, or has been soldered or altered in any way.
LIMITATION OF LIABILITIES
In no event shall Coaxicom be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from Coaxicom for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. Customer shall indemnify, defend and hold Coaxicom harmless from any claims brought by any party regarding products supplied by Coaxicom and incorporated into the Customer’s product.
STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Coaxicom shall have no responsibility or liability for the content or use of such statements or advice.
Products purchased or received under these Terms and Conditions are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country, including but not limited to the list of embargoed Countries below or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List (as identified by http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx) and by, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), or any other United States or other government list of prohibited persons; and otherwise prohibited by United States or other law from purchasing the products or services hereunder. Customer shall be solely responsible to obtain any license to export, re-export or import as may be required.
LIST OF EMBARGOED COUNTRIES:
last updated 3.11.2012
- The Balkans
- Cote d’Ivoire
- The Democratic Republic of the Congo
- North Korea
The Terms and Conditions may not be modified or cancelled without Coaxicom’s written agreement. Accordingly goods furnished and services rendered by Coaxicom are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Florida and the applicable laws of the United States.
Pictures and art work shown are only representative and may vary from the actual products. Coaxicom reserves the right to make, without notice, modifications of the products described in our catalog without affecting the right to sell such products under orders based on our catalog description, if the modifications do not materially affect performance. We also reserve the right to withdraw from sale, without notice, any items described in our catalogs.