USA, Canada & Central America
Communication Networks LLC, (d.b.a. ComNet) Terms and Conditions Of Sale
- Acceptance. Any purchase order received by ComNet shall be construed as a written acceptance of ComNet's offer to sell goods. The contract created by such acceptance is expressly limited to the terms and conditions contained herein. Notwithstanding any subsequent performance by ComNet, no additional terms or conditions contained in a purchase order or other document delivered by Buyer, except as assented to in writing by ComNet shall be deemed to be part of said contract.
- Delivery. Delivery shall occur, and risk of loss shall pass to buyer upon delivery of the goods to a carrier at the point of shipment, which, unless otherwise specified, shall be ComNet factory in Danbury, Connecticut. Transportation shall be at Buyer's sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only. Date of delivery is determined from the date of ComNet's receipt of Buyer's purchase order and is an estimate of the approximate date of delivery, but not a guarantee of a particular date of delivery. ComNet shall be excused from any prohibition, failure, interruption or delay in manufacture or delivery which may be occasioned by sabotage, fire, flood, explosion, labor dispute, strike, work stoppage, riot, insurrection, war, act of, or priorities granted by request of or for the benefit directly or indirectly, of any government body, authority or agency, shortage of raw materials or supplies, act of God, or of any other cause beyond ComNet's control. In the event of any such prohibition, failure, interruption, or delay, COMNET may cancel the order in whole or in part. IN NO EVENT SHALL COMNET BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR CLAIMS RESULTING FROM FAILURE OR DELAYING DELIVERY.
- Payment. The terms of payment for each order shall be net cash within 30 days from the date of invoice. Payments shall be made in United States dollars. The unpaid portion of any amounts due to ComNet shall bear interest at the rate of 1.5% per month simple interest.
- Limited Lifetime Warranty. On-site Product Support: ComNet will provide On-Site product technical support at the request of the Buyer, after all reasonable remote technical support efforts have been made. Should the identified product performance issue turn out to not be related to the identified ComNet product, ComNet, at its sole discretion, reserves the right to charge the Buyer for all costs associated with providing on-site support.
- Seller warrants to the original End User that products and any services furnished hereunder will be free from defects in material and workmanship as of the date of delivery, and will conform to Seller's published technical specifications. The foregoing shall apply only to failures to meet said warranties which appear within that period of time during which the Products are installed in their original installation for the original End User and operator of such Products; provided, however, that in the event of product discontinuance, warranty support is limited to five (5) years from the announcement of discontinuance. Notwithstanding the preceding sentence, the duration of the warranty period for products not manufactured by Seller (e.g., fiber optic cabling, test equipment, power supplies or batteries) shall be the warranty period offered by the original manufacturer, if any.
- The conditions of any tests shall be mutually agreed upon and Seller shall be notified of, and may be represented at, all tests that may be made. The warranties and remedies set forth herein are conditioned upon (i) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of Seller and (ii) Buyer promptly notifying Seller of any defects and, if required, promptly making the product available for correction.
- If any product or service fails to meet the foregoing warranties, Seller shall thereupon correct any such failure either at its option, (i) by repairing any defective or damaged product or parts of the products, or (ii) by making available any necessary repaired or replacement products or parts thereof. Any repaired or replacement part or product shall be warranted for the remaining period of the original Warranty Period. Seller shall pay, or credit Buyer for, the cost of freight for all return shipments of products or parts to Buyer. Where a failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate an equitable adjustment in price.
- The preceding paragraph sets forth the exclusive remedies for claims based on defect in or failure of products or services, whether the claim is in contract, indemnity, warranty, tort (including Seller's negligence), strict liability or otherwise and however instituted.Upon the expiration of the warranty period, all such liability shall terminate and BUYER shall have a reasonable time, within thirty days after the warranty period, to give written notice of any defects that appeared during the warranty period. The foregoing warranties are exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Seller does not warrant any products or services of others, which BUYER has designated. To obtain warranty service, you must first call ComNet and speak to a qualified service representative. If a return of product is deemed necessary, a Return Merchandise Authorization number (RMA#) will be issued. Upon receiving a RMA#, the product must be shipped back in either its original packaging or packaging affording an equal degree of protection back to ComNet. This warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, or modification of, or to any part of the Product. This warranty does not cover damage due to improper operation or maintenance, connection to improper voltage supply, or attempted repair by anyone other than a facility authorized by ComNet to service the product. Repair or replacement as provided under this warranty is the exclusive remedy of the consumer. ComNet shall not be liable for any incidental or consequential damages for breach of any express or implied warranty on this product. Except to the extent prohibited by applicable law, any implied warranty of merchantability or fitness for a particular purpose on this product is limited in duration to the duration of this warranty. This warranty only covers the first user of the equipment.
- Changes and Cancellations. ComNet reserves the right to make changes in design or additions to or improvements in its products without liability or obligation to make equivalent changes in products previously manufactured. All prices, extras, and applicable freight or transportation rates are subject to change, without notice, to reflect ComNet's prices, extras and applicable freight or transportation rates, in effect as of the date of shipment. Buyer may, in writing, request changes in methods of shipping and packaging, schedule and place of delivery, subject to appropriate adjustments in price and time of delivery. An order cannot otherwise be modified or canceled by the Buyer without the written consent of ComNet, and, in no event, shall any order be modified or canceled by Buyer without the written consent of Comnet, and in no event, shall any order be modified or canceled for any portion thereof already manufactured, or in process of manufacture at the time when request for modification or cancellation is received by ComNet, except upon terms satisfactory to ComNet, which shall protect and indemnify ComNet against all loss incurred as a result of such modification or cancellation.
- Taxes. Any excise, levy or tax which ComNet is required to pay or collect, under any existing or future law or regulation (domestic or foreign), upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption, or transportation of any of the goods covered hereby, shall be for account of Buyer, who agrees to pay the amount thereof to ComNet upon request.
- Legal Requirements. ComNet intends to comply with all Federal, State, and local laws or regulations applicable to the performance by ComNet hereunder, provided, however, that any failure of ComNet to so comply shall not be a defense to, or excuse Buyer from, performance by Buyer hereunder.
- Further Assurances. ComNet may, at any time, suspend performance of any order or require payment in cash security or other adequate assurance satisfactory to ComNet when, in ComNet's opinion, the financial condition of Buyer, or other grounds for insecurity, warrants such action. The failure or refusal of Buyer to provide such assurance within ten (10) days after request by ComNet will constitute a sufficient basis for cancellation of the order by ComNet.
- Patent Indemnification. ComNet will defend, protect, and save Buyer harmless from and against any loss or expense (including reasonable attorney's fees) Incident to any claimed infringement against any patent or trademark due to the characteristics of any goods or parts thereof designed and manufactured by ComNet, provided the Buyer shall give ComNet prompt notice of any claim of infringement and complete authority to defend, settle, or compromise said claim. Buyer will defend, protect, and save ComNet harmless from and against any loss or expense incident to any claimed infringement of any patent or trademark arising out of
- the manufacture, use, or sale of any goods or parts thereof which are manufactured by ComNet in accordance with design criteria furnished by the buyer,
- the use of goods in combination with goods not reasonably contemplated by ComNet, and
- the use of goods, or any part thereof, and a manner not reasonably contemplated by ComNet. ComNet's liability for damages hereunder is limited to the value of goods sold to the Buyer hereunder with respect to which such infringement is alleged, and, in no event, shall ComNet be liable for any consequential or incidental damages. The above is in lieu of any other indemnity or warranty, express or implied, with respect to patents, trademarks, or copyrights.
- Assignment. Neither the rights nor the obligations of either party hereunder are assignable in whole or in part without the prior written consent of the other party.
- Governing Law. This agreement shall be governed in accordance with the laws of the State of Connecticut.
- Restocking Fee. -25% will be charged for all returned items.