Acceptance - Unless otherwise specifically agreed to in writing and signed by an authorized representative of Wire and Cable Your Way, LLC all orders received by Wire and Cable Your Way, LLC are subject to the following Terms and Conditions of Sale. Offers to purchase can be accepted only by an authorized representative of Wire and Cable Your Way, LLC and offers to purchase are not effective or binding until approved in writing by Wire and Cable Your Way, LLC. Any different or additional Terms and Conditions proposed by Buyer in its purchase order or otherwise are hereby rejected by Wire and Cable Your Way, LLC and shall not be incorporated into the Agreement. These Terms and Conditions shall apply to all of Buyer's purchase orders, irrespective of any provisions in Buyer's purchase orders or other business forms. These terms constitute the entire Agreement and notice of objection to any different or additional terms is hereby given or is waived. These Terms and Conditions may not be modified except by written agreement signed by both Buyer and an officer of Wire and Cable Your Way, LLC. No modification of this Agreement shall be effected by the acknowledgement or acceptance of confirming purchase orders, invoices or other documents from the Buyer. These Terms and Conditions supercede all previous Terms and Conditions and are subject to change at any time without prior notice.
Acknowledgement - Wire and Cable Your Way, LLC will issue an order acknowledgement form upon acceptance and authorization of an order. The acknowledgement constitutes the entire agreement between Wire and Cable Your Way, LLC and the Buyer and supersedes any previous agreements. Prices and delivery dates stated on the order acknowledgement shall prevail in the event of a discrepancy between acknowledgement and the Buyer's written order. Stock material is subject to prior sale.
Prices - Prices and charges per applicable quotation are stated in U.S. dollars unless otherwise noted and are subject to any price adjustment necessitated by Wire and Cable Your Way, LLC's compliance with any act of government, laws or regulations. Buyer's order is subject to Wire and Cable Your Way, LLC’s applicable Price Escalation Policy (to be determined in Wire and Cable Your Way, LLC’s sole discretion) as follows: Firm Price All shipments will be invoiced at the prices agreed to on the quotation and the order acknowledgement and are not subject to change on date of shipment. Orders will ship ASAP.
Taxes - Any tax or other governmental charge upon the production, sale, shipment, or use of the product which Wire and Cable Your Way, LLC is required to pay or collect from Buyer shall be paid by Buyer unless, prior to shipment, Buyer has furnished Wire and Cable Your Way, LLC with a tax exemption certificate acceptable to the appropriate taxing authority. Unless specifically identified on the face of an invoice, invoices include no federal, state, or local property, license, privilege, sales, use, excise, gross receipts or other like tariffs which may now or hereafter be applicable to, measured by, or imposed upon or with respect to the transaction, the property, its sale, its value, or its use, or any service(s) performed in connection therewith. Buyer agrees to indemnify, pay or reimburse any such taxes or tariffs which Wire and Cable Your Way, LLC, Wire and Cable Your Way, LLC's vendors, suppliers or subcontractors are required to pay, accumulative with other penalties or fees thereto.
Terms of Payment – Credit card, Check, Wire Transfer, or Net-30 for approved customers
Loss, Damage, or Delay - Wire and Cable Your Way, LLC shall not be obligated to perform under this Agreement, and shall not be liable for any damages (including, but not limited to, consequential, special or punitive damages or damages for lost profits) in connection with such nonperformance, when Wire and Cable Your Way, LLC's ability to perform is impeded, restricted or affected by strikes, work stoppages or other action by workmen, any act or omission by a governmental authority or by Buyer, insurrection or riot, war, terrorism, embargo, railcar shortage, wreck or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources under usual terms, breakdown in the manufacturing process, disruption in the supply chain, acts of God and/or nature or any other cause beyond the reasonable control of Wire and Cable Your Way, LLC, whether similar or dissimilar to any of the aforementioned causes. In the event of a delay in performance due to any such cause, Wire and Cable Your Way, LLC may postpone its performance by such length of time as may be reasonably necessary.
Cancellation / Default - Orders will not be cancelled or modified either in whole or in part, after Wire and Cable Your Way, LLC has shipped to Buyer, without Wire and Cable Your Way, LLC's written consent. Refunds on orders cancelled after shipping will be subject to a 30% restocking charge plus return shipping costs. Refunds on orders cancelled prior to shipping will be subject to a 10% processing fee.
Reschedule Shipping Date - Customer is responsible for all freight re-consignment delivery fees should he/she cancel, reschedule, or refuse the shipment at the time of delivery.
Manufacturers' Warranties - Product may be covered, to the extent available, by warranties that are extended by the manufacturer of the product. Buyer acknowledges that any applicable warranties are the warranties of the manufacturer of the product only, not warranties of Wire and Cable Your Way, LLC, and that any claim brought by Buyer with respect to these warranties will be brought against such manufacturer.
Wire and Cable Your Way, LLC’s Product Warranty - Should any Wire and Cable Your Way, LLC product not covered by a manufacturer’s warranty prove to contain a manufacturing defect within one (1) year from the date of Wire and Cable Your Way, LLC's invoice, upon written notice and return of the product to Wire and Cable Your Way, LLC, the product will be replaced or repaired at Wire and Cable Your Way, LLC’s sole option f.o.b. original destination point. Wire and Cable Your Way, LLC will not be obligated in any way for installation costs, incidental or consequential damages or costs, loss of profits, or any other costs resulting from any defect.
Wire and Cable Your Way, LLC'S PRODUCT WARRANTY APPLIES ONLY TO OEM, COMMERCIAL OR INDUSTRIAL USERS OR PURCHASERS FOR PURPOSES OF RESALE OF PRODUCTS THAT ARE NOT OTHERWISE COVERED BY A MANUFACTURER'S WARRANTY. Wire and Cable Your Way, LLC'S PRODUCT WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED. Wire and Cable Your Way, LLC EXPRESSLY DISCLAIMS ALL UCC AND COMMON LAW IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability - Neither party shall be liable for any lost profits or any special, indirect, incidental, or consequential damages. The remedies of Buyer set forth herein are exclusive, and the liability of Wire and Cable Your Way, LLC with respect to any contract or sale, or anything done in connection therewith, whether in contract, in tort under any warranty, or otherwise, shall not exceed the price of the product or part on which such liability is based. Responsibility is limited to the cost of the product and does not include the cost of any labor charges. Wire and Cable Your Way, LLC shall have no responsibility or liability with respect to: 1) matters not reported in writing within twelve (12) months of the date of shipment; 2) failure or damage due to misapplications, abuse, improper installation or abnormal conditions of use; 3) products damaged in shipment or otherwise damaged through no fault of Wire and Cable Your Way, LLC; 4) expenses incurred by Buyer for installation of products prior to discovery of the alleged defect or expenses incurred in an attempt to correct the same; 5) expenses incurred by Buyer for removal of non-conforming products and the expense of installation of replacement products; 6) failure or damage which cannot conclusively be proven to have proximately and solely resulted from a defect in materials or workmanship.
Indemnification and Hold Harmless - Buyer assumes responsibility and liability for any claim or action based on or arising out of injuries, including death, to persons or damages to or destruction of property, sustained or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance of this Agreement by Buyer, its agents and employees, and its subcontractors, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence by Wire and Cable Your Way, LLC, Wire and Cable Your Way, LLC's representatives, or the employees, agents, invitees, or licensees thereof. Buyer further agrees to indemnify and hold harmless Wire and Cable Your Way, LLC and its representatives, and the employees, agents, invitees, and licensees thereof in respect of any such matters and agrees to defend any claim, suit or action brought against Wire and Cable Your Way, LLC, Wire and Cable Your Way, LLC's representatives, and employees, agents, invitees, and licensees thereof, regardless of whether such claims or actions are founded in whole or in part upon the alleged negligence of Wire and Cable Your Way, LLC, Wire and Cable Your Way, LLC's representatives, or the employees, agents, invitees, or licensees thereof. IT IS THE EXPRESS INTENT OF THE PARTIES THAT Wire and Cable Your Way, LLC MAY BE INDEMNIFIED FOR CHARGES ARISING FROM ITS OWN NEGLIGENCE, HOWEVER ALLEGED, WHETHER CONCURRENT, CONTRIBUTORY OR SOLE.
Patents - Since products sold by Wire and Cable Your Way, LLC are not manufactured by it, but are sold under their respective manufacturer's brand or trade names, Wire and Cable Your Way, LLC disclaims all warranties against patent infringement. It shall, however, if given prompt notice by the Buyer of any claim of patent infringement with respect to any product sold hereunder, use commercially reasonable efforts to secure for the Buyer such indemnity rights as the manufacturer may customarily give with respect to such product.
Error, Mistake or Assignment - Wire and Cable Your Way, LLC reserves the right to correct any clerical or stenographic error made in the preparation of quotations, orders, acknowledgements or invoices. Corrections shall be considered as binding amendments to the original contract of sale. This agreement is not assignable without the prior written consent of Wire and Cable Your Way, LLC. Any attempt to assign any of the rights, duties or obligations of this Agreement without such consent shall be void. The Buyer acknowledges that Buyer has read this Agreement, understands it and agrees to be bound by its Terms and Conditions.
Severability - If any provision or provisions of this Agreement, or parts thereof, shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and this Agreement shall be interpreted to effect the original intent of the parties as closely as possible. If any provision in this Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
Reels - Non-returnable wooden/plastic reels are used whenever possible and are normally included in the sales price of the wire. Wooden/plastic reels may be returned to Wire and Cable Your Way, LLC for recycling. Please contact Wire and Cable Your Way, LLC for details.
Delivery and Transportation - F.O.B. Shipping location - for all shipments to destinations in the Continental U.S. served by common carrier, orders will be shipped with freight charges prepaid and charged to the Buyer. Buyer is responsible for material identification, footage count and visual inspection for damage upon receipt of shipment.
Title and Risk of Loss - Title to product and risk of loss shall pass from Wire and Cable Your Way, LLC to buyer as product is loaded onto carrier's equipment at Wire and Cable Your Way, LLC shipping location.
Returns - Permission must be obtained in writing from Wire and Cable Your Way, LLC before any product is returned in the form of an approved Returned Material Authorization (RMA) number. A 30% restocking charge, plus freight, will be assessed for authorized returns of standard stock material in saleable condition. Returns will not be accepted after 30 days of shipment. NON-STOCK AND SPECIAL MADE-TO-ORDER PRODUCTS AS IDENTIFIED ON THE ORDER ACKNOWLEDGEMENT ARE NOT SUBJECT TO RETURN BY THE BUYER UNDER ANY CIRCUMSTANCES.