Classic Connectors USA (hereinafter called CC) hereby gives notice of its exception to any different or additional terms and conditions other than as stated herein. All sales are expressly made conditional on Buyer’s assent to the following terms and conditions. Buyer’s acceptance of the provisions of CC’s terms and conditions as recited herein shall be conclusively presumed upon Buyer’s receipt of the goods, or if no written objection is received by CC within fifteen (15) days from the date on CC’s order acknowledgment, whichever event shall first occur. These terms and conditions constitute the entire agreement between CC and Buyer, and supersede other communications between the two parties, whether written or oral.
Refer to appropriate Price Schedule, unless otherwise quoted.
CC’s payment terms are net 30 days. Invoices will be dated the day of shipment. A service charge of 1-1/2% per month or, if such rate exceeds the maximum lawful rate, the maximum lawful rate shall be assessed on all past due accounts and shall be payable on demand.
Credit card purchases may be subject to a 3-1/2 % transaction fee on product sales with a net order value of $5,000 or more. Credit cards will not be accepted for payment in states that do not allow recovery of credit card transaction fees.
Unless otherwise stated in writing, CC’s quotations are subject to acceptance by the Buyer within thirty (30) days from the date of issue.
SALES AND SIMILAR TAXES
CC’s prices do not include any sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the equipment hereunder, shall be paid by the Buyer, or in lieu thereof the Buyer shall provide CC with a tax exemption certificate acceptable to the taxing authorities.
ACCEPTANCE OF ORDERS
All orders are subject to acceptance by CC at its main office at 382 Park Avenue East, Mansfield, Ohio, USA, and to “CC Terms and Conditions of Sales”. Any other terms proposed by Buyer are rejected unless expressly accepted in writing. Orders shall be deemed to be executed in the State of Ohio and shall be construed and performed in accordance with the Laws of that State. Acceptance of any order is subject to availability of product and the ability of CC to deliver. Orders will be billed at prices in effect at time of shipment unless otherwise agreed. Unless otherwise stated in writing, CC reserves the right to ship plus or minus 10% of specified quantity of special items that are made to order.
SALES BY AGENTS
Sales by agents or through overseas representatives shall be at prices, terms and conditions of sale specified by CC. All invoices will be issued by and payment remitted to CC.
CC will use reasonable efforts to meet shipment or delivery dates specified by CC, but such dates are estimates only. CC shall in no event be liable for any delay or nondelivery if such delay or nondelivery is caused directly or indirectly by Acts of God, fire, flood, strike or lockout or other labor dispute, accident, civil commotion, riot, war, governmental regulation or order, whether or not it later proves to be invalid, or from any other cause or causes (whether or not similar to any of the foregoing) beyond CC’s control. In no case will CC be liable for loss of profits or any special or consequential damages on account of any delay in delivery or nondelivery whether or not excused hereunder.
Buyer requests for shipping deferment must be approved by CC and are subject to price negotiation.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
MATERIAL: CC warrants all products sold by it to be merchantable (as such term is defined in the Uniform Commercial Code) and to be free from defects in material and workmanship. Buyer must notify CC promptly of any claim under this warranty. The Buyer’s exclusive remedy for breach of this warranty shall be the repair or replacement, F.O.B. factory, at CC’s option, of any product defective under the warranty, which is returned to CC within one year from the date of shipment. NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF THE LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED, SHALL EXIST IN CONNECTION WITH CC’S PRODUCTS OR ANY SALE OR USE THEREOF. CC SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFITS OR CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY BUYER. CC’s warranty shall run only to the first Buyer of a product from CC, from CC’s Buyer, or from an original equipment manufacturer reselling CC’s product, and is non-assignable and non-transferable and shall be of no force and effect if asserted by any person other than such first Buyer. This warranty applies only to the use of the product as intended by CC and does not cover any modification, misapplication, or misuse of said product.
APPLICATION: CC does not warrant the accuracy of and results from product or system performance recommendations resulting from any engineering analysis or study. This applies regardless of whether a charge is made for the recommendation, or if it is provided free of charge. Responsibility for selection of the proper product of application rests solely with the purchaser. In the event of errors or inaccuracies determined to be caused by CC, its liability will be limited to the reperformance of any such analysis or study.
PURCHASER INSPECTIONS: Tests, inspections and acceptance of all material must be made at the factory. Purchasers’ inspectors are welcome at the factories and are provided with the necessary facilities for carrying out their work. Name and phone number of who should be contacted for inspection should be given to CC no later than two weeks prior to scheduled shipment date.
LIMITATION OF LIABILITY: IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY OR ALLEGED NEGLIGENCE, SHALL CC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, LOSS OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF THIRD PARTIES OF THE BUYER FOR SUCH DAMAGES. Any claim by Buyer for breach of the foregoing warranty shall be deemed waived by Buyer unless submitted to CC in writing within thirty (30) days from the date Buyer discovered, or by reasonable inspection should have discovered the alleged breach. Any cause of action for breach of the foregoing warranty shall be brought within one year after the cause of action has accrued.
FREIGHT ALLOWANCE and F.O.B. POINT
All shipments are F.O.B. origin. Risk of loss and title of goods shall pass to Buyer upon delivery to the designated carrier. Freight is prepaid and allowed on all shipments of products with a net order value of $5,000 and allowing for shipment at one time to a single delivery point within the Continental U.S.A and Canada. An 8% shipping and handling charge will be added to all standard shipments under $5,000 net value. Customer expedited orders will be billed at actual freight cost plus $50.00 handling. Shipments to Alaska and Hawaii are F.O.B. Pacific Coast docks, collect beyond. CC reserves the right to route all qualified freight allowed shipments via least expensive surface route within the Continental United States and Canada. Buyer will assume all charges for transportation specified via more expensive means. Acceptance of a specified routing does not constitute a guarantee of ship date, transit time or arrival date. CC will not be responsible for any cartage or storage charges at destination. CC’s responsibility for exception-free delivery ceases when the transportation company receives shipment in good condition. Claims for loss or damage must be reported directly to the carrier. CC’s willingness to assist does not indicate liability for claim or replacement.
If an order has multiple releases specified by the Buyer, each release will be treated as individual orders, relative to freight allowance and minimum billing.
Back orders that are the responsibility of CC will be shipped F.O.B. factory or point of shipment with freight prepaid and allowed via the most cost effective method, providing the original order qualified for freight allowance.
Standard Orders — $750 net per order.
ORDER ADD-ON POLICY
CC’s “Add-On” policy allows you to add items to an existing unshipped order for up to fifteen (15) days from the entry date of the original order. The minimum value for added items is $250.
Based on estimated shipping dates, CC makes every effort to meet Buyer’s shipping requirements. CC will not assume liability because of delayed shipment for any reason. CC’s responsibility ceases upon acceptance of shipment by carrier.
Cancellation of an order for current stock product requires a minimum of five (5) days’ notice prior to actual ship date. Stock item orders shipped after cancellation notice is received, but before expiration of the five-day requirement, will be subject to all standard Returned Goods conditions. Cancellation on non-stock items may be made only if no work has been performed or material purchased. If cancellation is requested after work is in progress, there will be a cancellation charge as established by CC. Orders may not be cancelled unless CC gives its written consent, and then only upon agreement as to applicable cancellation charges.
GENERAL CONDITIONS applying to all transactions:
- Merchandise is not returnable without the written consent of CC.
- Request for permission to return merchandise must be made in writing within one year from date of shipment, and
Buyer must provide original CC invoice number.
- Material to be returned must be considered standard material by CC.
- CC reserves the right to refuse returns of any special or made-to-order material, regardless of condition.
- All returned goods must be in excellent, resaleable condition and packaged in the original carton. Products will be inspected upon return; and any service or repair needed to place them in first class, saleable condition will be charged and added to the restocking charge.
- A 25% restocking charge will be deducted from all credits issued on authorized returns, except for initial stocking order items which shall be at zero percent restocking charge.
- Return Goods Authorization (RGA) Packing List, supplied by the factory, must accompany the return shipment.
- Return freight must be prepaid. Material must be received by CC within sixty (60) days of issuance of RGA.
- Net value of the return must not be less than $250.
- CC reserves the right to deduct for any damage sustained in transit.
- Unauthorized returns will be refused. Equipment returned without proper authorization from CC will, at the sole option of CC, be returned to the Buyer freight collect, or scrapped immediately with no issuance of credit. Unauthorized material included in a return will not be credited.
BROKEN PACKAGE POLICY
Shipments will be made in standard package quantities or multiples thereof. CC Customer Service will notify the Buyer of any orders that do not comply. The Buyer must authorize an adjustment to comply with standard package quantities before the order will be entered.
DROP SHIPMENT POLICY
A 10% net order value drop shipment charge will be added to all purchase orders requesting delivery to a location other than a recognized Buyer stocking warehouse, with the exception of full truckload and/or project material. This is in addition to any other charges to the net order.
QUOTATION PRICE PROTECTION
All prices shown in the price lists are subject to change without notice.
All quotations on special products or modifications to catalog items are binding only if confirmed in writing by the factory for the period shown on the quotation. Price protection will be provided for a period of thirty (30) days from date of quotation from CC.
All orders are taken and prices quoted only with the understanding that each order shall be subject to the acceptance of CC at its principal office upon such terms as we may specify when order is received.
Prices to cover amount of any sales or excise tax which now or hereinafter may be imposed by any taxing authority upon this merchandise or the sale or manufacture thereof.
CC reserves the right to discontinue items, modify designs, and change specifications or prices without incurring obligation.
All invoices are due and payable per the standard terms stated herein. In the case of an apparent discrepancy in a line item charge, Buyer is obligated to advise CC Customer Service in writing of the nature of the claimed discrepancy within five (5) days of receipt of the invoice. This includes all requests for proof of delivery. A claim of discrepancy does not relieve Buyer of the absolute obligation to pay the remaining balance of the invoice in accordance with the standard terms of payment. CC, after review, will have sole discretion to resolve the discrepancy; and the Buyer expressly agrees to abide by CC’s decision. CC will promptly advise Buyer of its decision regarding any disputed items or charges.
FAIR LABOR STANDARDS ACT AS AMENDED
CC represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.