Terms and Conditions of Use of this Web Site and Sale of Products
The use of this web site and the acceptance of your order placed either on this web site or directly with TE Wire & Cable LLC is expressly made conditional on your assent to our terms and conditions below, and TE Wire & Cable LLC agrees to furnish the products described in your order only upon these conditions.
1. WARRANTY: TE Wire & Cable LLC (“Seller”) warrants that each product delivered will conform to the applicable specifications and be free from defects in material of workmanship, and no other warranty, express, implied or statutory (except of title), shall be implied. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. Seller warrants each of its products for a period of thirty (30) days from date of shipment. If any failure to conform to such specifications or any defect in material of workmanship appears during these time periods (the “Liability Period”), Buyer must notify Seller thereof immediately and Seller will, at its sole option and expense, either repair or replace the defective product. No defective product may be returned to Seller without its prior authorization. Returned products must be intact in form shipped and must retain Sellers identifying marks. The foregoing warranty applies only to products that have not been abused, damaged, repaired or tampered with or that have not been used, installed or maintained other than in accordance with Seller’s drawings or instruction manuals.
2. LIABILITY OF SELLER: Sellers liability (except as to title) arising out of the sale of products or their use, whether on warranties or claim of negligence or otherwise, in no case will exceed the cost of repairing such products as herein provided. Upon expiration of the Liability Period, any such liability terminates and the foregoing constitutes the sole remedy of Buyer. SELLER IS NOT IN ANY EVENT LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES.
3. PATENTS: Buyer will hold Seller harmless against any expense or loss (including attorney’s fees and disbursements) resulting from infringement of patents or trademarks arising from compliance with Buyer’s designs or specifications or instructions. Except as provided in the preceding sentence, Seller will defend any proceeding brought against Buyer based on a claim that any furnished product or any part thereof, constitutes an infringement of any patent of the United States. If notified promptly in writing and given authority, information, and assistance (at Buyers expense) for the defense of same, Seller will pay all damages and costs, if any, awarded against Buyer. Seller will not be liable for any costs or damages incurred by Buyer as a result of any proceedings brought against Buyer based on claims that (a) use of any furnished product or any part thereof in combination with products not supplied by Seller, or (b) a manufacturing or other process utilizing any furnished product or any part thereof, constitute either direct or contributory infringement of any patent of the United States. Seller’s sale of products does not by implication, estoppels or otherwise convey any license of any kind.
4. TRANSPORTATION: Delivery for web site orders are shipped common carrier, prepaid by customer credit card. Delivery of products for orders placed directly with TE Wire & Cable LLC is made F.O.B. point of shipment. Unless Seller specifies otherwise, Buyer pays transportation expenses and Seller ships as it sees fit unless Buyer instructs otherwise in writing. Buyer has the risk of loss or damage to products in transit. Buyer has the responsibility to file claims with the carrier.
5. DELIVERY DATE: Shipping dates, if stated, are approximate, based upon prompt receipt of all necessary information. Seller is not liable for delay in delivery, or failure to manufacture due to causes beyond its reasonable control or due to acts of God, acts of Buyer, acts of civil or military authority, fires, strikes, labor shortages or riot. In the event of any such delay the shipping date may be deferred for a period equal to the time lost by reason of the delay.
6. TERMS OF PAYMENT: For web site orders prices are set forth at the time the order is placed on the web site. Payment terms for web site orders are customer credit card only. Charges to the credit card will be made upon credit card approval and not before the date of shipment. Each shipment is a separate and independent transaction and therefore is to be made accordingly.
7. SALES AND SIMILAR TAXES: Unless otherwise stated, Seller’s prices do not include sales, use, excise or other similar taxes and, in addition to the prices specified herein, Buyer pays any present or future sales, use, excise or other similar taxes applicable to the sale of the products or in lieu thereof. Buyer may provide Seller with a tax exemption certificate acceptable to the taxing authorities and Seller.
8. PRICE ESCALATION: Because nickel and copper are commodities, prices for Thermocouple Wire and Cable and Copper Wire and Cable may be subject to escalation at Sellers standard escalation terms as quoted.
9. CANCELLATIONS: Buyer may cancel its order only upon written notice to Seller and upon payment of cancellation charges which take into account, among other things, expenses already incurred and commitments made by Seller.
10. COMPLETION: Shipment of plus or minus ten (10%) percent of order quantity is considered to have completed the order.
11. SHORTAGES AND RETURNS: Buyer must make all claims for shortages or incorrect material within ten (10) days after Buyer’s receipt of the products. Products may be returned for credit only upon Seller’s written authorization and are subject to handling charges that Seller will determine. Seller must receive returns within one (1) month of such authorization. Customized products are not returnable under any circumstances.
12. FAIR LABOR STANDARDS ACT: Seller will comply with all applicable federal, state, and local laws.
13. APPLICABLE PROVISIONS: Any provisions or conditions of Buyer’s order inconsistent with or in addition to these Terms and Conditions of Sale (except shipping instructions specifying quantity and character of the items ordered) are not binding on Seller and are inapplicable to this sale.
14. NON-ASSIGNMENT: Any assignment of an order, or any rights or obligations by Buyer, without the written consent of Seller is void.
15. MODIFICATIONS: No changes, modifications, rescission, discharge, abandonment, or waiver of these Terms and Conditions of Sale is binding upon Seller, unless made in writing and signed on its behalf by an Authorized Representative of Seller.
16. APPLICABLE LAW: Orders and any subsequent contract pertaining to the items referred to herein is governed by the laws of New Jersey.
17. INTERNET WEB SITE ADDITIONAL PROVISIONS: Prices quoted on the TE Wire & Cables LLC web site and products offered on this web site are subject to change at any time without advanced notice. Products offered for sale on the TE Wire & Cable LLC web site which are represented as closeout, overstock and specials web site are not returnable. TE Wire & Cable LLC will collect sales tax on web site sales from the states of New Jersey, California, Illinois and Indiana, and may be required to collect sales taxes from other states as required by applicable laws.
Be advised that the contents of the web site are provided “as is”. The site could inadvertently contain typographical errors, out-of-date information, technical errors and other unintentionally provided incorrect information. Therefore, the site is to be used at your own risk.
All contents of the TE Wire & Cable LLC web site are the exclusive property of TE Wire & Cable LLC and may not be used for any purpose, other than for your direct personal information, without the express written permission of TE Wire and Cable.
TE Wire & Cable LLC is not responsible for pricing, promises, provisions, information or any consequences as a result of reaching the TE Wire & Cable LLC web site via hyperlink from any third party’s web site. In no event shall TE Wire & Cable LLC be liable for incidental, consequential, indirect or special damages resulting from or related to the use of this web site.