Terms and Conditions
Your Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.
- 1) Seller warrants to Buyer that for a period of 30 days following the date of invoice, the Products will be free from defects in material and workmanship and will function in substantial compliance with the manufacturer's written specifications thereof. Buyer's exclusive remedy shall, in any case, be limited, at the Seller's election, to: A) Repair or replacement of the defective products; B) Refund of the purchase price thereof; or C) Crediting of the same against future purchases by Buyer. THE FOREGOING WARRANTY IS THE ONLY WARRANTY MADE BY SELLER WITH RESPECT TO THE PRODUCTS. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY THE SELLER, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- 2) IN NO EVENT WILL SELLER BE LIABLE FOR ANY LOST PROFITS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATEVER, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
- 3) All products shall be deemed and presumed to be acceptable to Buyer and in full compliance with the warranties made herein unless, within 30 days from the date of invoice, Buyer shall have notified Seller in writing to the contrary. Any claims for damage, shortage, or any other discrepancy must be made to Seller in writing within 7 days from the date of delivery. All claims and returns must, moreover, be submitted to the Seller's facility using the invoice. All returns must be authorized in advance by Seller or on Seller's Standard return authorization form. Product that is not defective will not be eligible for refund, regardless of the presence of other defective product(s) in the same or any prior or subsequent orders or deliveries.
- 4) All Products shall be shipped F.O.B. Seller's facility and shall, except for any claim or lien, Seller returns for non-payment or other breach of terms, become the property of Buyer upon delivery to the carrier. Buyer shall assume all risk and liability for loss, damage or destruction after delivery to carrier.
- 5) Title to the Products shall pass to Buyer upon delivery to the carrier. Buyer agrees, however, that Seller shall retain a purchase money security interest in all Products and to proceeds thereof, until the purchase price and other charges due to Seller shall have been paid in full. Buyer agrees to execute any financing statement or other documents as Seller may request in order to perfect Seller's security interest. Upon any default by Buyer hereunder, Seller shall have all rights and remedies of a secured party under the North Carolina Commercial Code, which rights and remedies shall be cumulative and not exclusive
- 6) Seller makes no representation concerning patents, trademarks, tradenames or service marks (collectively "Patents") of any of its Products. Seller's obligation for Patent infringement is expressly limited to any indemnification, which Seller's vendor of the Products has agreed in writing to provide (or by operation of law has been deemed to provide) to Seller.
- 7) Buyer shall be responsible for all reasonable costs and expenses incurred by Seller in collection of any sums owing by Buyer or in Seller's enforcement of any provision of this Agreement and Seller shall not be obligated to make any further deliveries to Buyer. Such reasonable costs and expenses shall include, but not be limited to, reasonable attorney's fees.
- 8) The following conditions apply to returns, refunds, and cancelled orders, and may be applied at the discretion of Seller. A restocking charge of 20% of price of merchandise plus all shipping and handling fees will apply to all merchandise ordered, whether received or not. Merchandise which was purchased by Seller specifically to fill Buyer's order is not eligible for a refund. Exceptions may be made to these conditions based on the circumstances of a particular order; for example, in the case of defective merchandise. However, any exceptions are at the sole discretion of Seller.
- 8b) PRODUCT RETURNS - Permission for return of products must first be secured from 1-Source. Please contact Customer Service to obtain a Return Authorization number. Products returned without a Return Authorization number will not be accepted. All Return Authorizations are conditional and are not final until the product is received and inspected by 1-Source personnel. All merchandise must be returned in original condition, with original packaging, and with an original receipt, within 10 days of return authorization. Returns must be made within 30 days of the date of purchase. At our discretion, we may decline your return or charge you a fee for a missing item, or for items that we determine are damaged or require service. ABSOLUTELY no returns on used or opened electronic components. ABSOLUTELY no returns on special orders. Failure of the Buyer to respond or provide information requested by the Seller within 21 days of request will be considered cancellation of any claims and the product will be considered acceptable and the order fulfilled. Return requests may require a formal inspection report, test report or formal written failure report as described by customer service. Failure to provide such within 5 days or within a reasonable requested time frame of reported failure will nullify your request. Credit will be issued upon acceptance of the products. Please allow 10-15 business days to process your refund or in-house credit. You can expect a refund in the same form of payment originally used for purchase. Please note that your original shipping costs will not be refunded.
- 8c) Please follow the steps listed below when returning: Pack the item securely in the original package, if possible. Enclose the original packing slip with the product. PLEASE INCLUDE THE COMPLETED RETURN AUTHORIZATION FORM IN THE BOX AND FAILURE REPORTS. All return shipping charges must be prepaid. We cannot accept C.O.D. deliveries. We recommend that you use a secured shipping method, such as UPS, FedEx or other insured Parcel Post for your return.
- 9) Seller shall not be liable for any failure or delay in the performance of order or contracts or in the delivery or shipment of Products or for any damages suffered by Buyer by reason of such failure or delay, when such failure or delay is, directly or indirectly, caused by, or in any manner arises from fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, material or supplies, transportation delays, delays in deliveries by Seller's vendors or any other cause or causes (whether or not similar in nature to any of those herein specified) beyond Seller's control.
- 10) Enforcement of this Agreement shall be governed by the laws of the State of North Carolina. Any court action or proceeding of any nature whatsoever, in law or equity, for damage otherwise, related thereto shall be instituted only in the courts by the County of Wake in the State of North Carolina and only such courts shall have jurisdiction of any such action or proceeding. By acceptance of the Products, Buyer irrevocably consents to the personal jurisdiction of such courts in connection with any such action or proceeding.
- 11) Before any court action or any proceeding is filed by either party involved in this transaction, the parties will participate in a mandatory mediation which will last a minimum of four hours.
- 12) This Invoice and these Terms and Conditions shall constitute the Agreement between Seller and Buyer. If the terms and conditions of this Agreement differ in any way from the terms and conditions of Buyer's purchase order or any other document submitted by Buyer, this agreement will be construed as a "counteroffer" and will not be deemed an acceptance of Buyer's terms and conditions which conflict herewith. Buyer's acceptance of the products shall be conclusive presumption that Buyer has accepted all of the terms and conditions of the Agreement. No addition to or modification of any of these terms will be effective unless made in writing and signed by Seller and Buyer.