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Terms of Sale
ALLIED WIRE AND CABLE INC.
TERMS AND CONDITIONS OF SALE (rev 4/11)
- Acceptance Agreement. The terms of Allied Wire and Cable's quote or order, along with these Terms and Conditions (collectively, this "Agreement"), supersedes all other agreements, oral or written, and all other communications between the parties suggesting additional or different terms. It represents the final and complete understanding of the parties and may be amended or canceled only by a written agreement signed by both parties. This Agreement expressly limits acceptance to these terms. No order shall have any force or effect until accepted in writing by Allied Wire and Cable. Any proposal for additional or different terms or any attempt by Buyer to vary in any degree any of the terms hereof is hereby deemed material and is objected to and rejected by Allied Wire and Cable. No terms of any document or form submitted by Buyer shall be effective to alter or add to the terms and conditions in this Agreement. Allied Wire and Cable's performance of this Agreement is expressly made conditional on the agreement of Buyer to the terms and conditions stated herein unless otherwise specifically agreed to in writing by Allied Wire and Cable and signed by an authorized representative of Allied Wire and Cable. In the absence of such agreement, the commencement of performance and/or delivery shall be deemed to be for the convenience of Buyer only and shall not be deemed or construed to be acceptance of the terms and conditions of Buyer. Further, unless otherwise stated herein, Buyer's receipt of any portion of the goods ("Goods") shall constitute acceptance of this Agreement and all of its terms and conditions, unless Buyer immediately returns all such Goods, with a Return Material Authorization.
- Prices. Prices reflected on quotations or on sales order acknowledgments are Allied Wire and Cable's prices in effect the date the quotation is made or the order is acknowledged. Prices reflected on quotations are valid for seven (7) days unless otherwise noted. All quotes are based on current copper prices (Comex) and are subject to change if copper prices rise or fall.
- Terms of Payment. Unless otherwise agreed in writing by Allied Wire and Cable, terms of sale are net 30 days. If Buyer is in default of the amounts due hereunder, Allied Wire and Cable shall be entitled to be promptly reimbursed its collection costs, including reasonable attorney fees, plus a monthly service charge of one and one-half percent (1.5%) per month of the outstanding balance of the invoice, or if less, the maximum amount permitted by law.
- Taxes. Prices do not include any sales, use, excise, privilege, or other taxes or assessments now or hereafter imposed or levied by or under the authority of any federal, state, or local law, rule, or regulation concerning the Goods sold hereunder or the manufacture or sale thereof, all of which are the sole responsibility of Buyer.
- Risk of Loss. All risk of loss or damage to goods shipped hereunder shall pass to Buyer upon delivery thereof to Buyer, to its designated agent, or to a carrier for delivery to Buyer, whichever occurs first. Unless otherwise stated, all shipments will be made at F.O.B. point of manufacture or F.O.B. Allied Wire and Cable's place of business, as applicable.
- Delivery. All shipping and delivery dates are estimates based upon prompt receipt of all necessary information. Delays in securing Buyer's approval of necessary specifications or samples of products and materials shall, if Allied Wire and Cable so chooses, extend the date of delivery. Allied Wire and Cable shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delays in delivery.
- Limited Warranty.
- AWC warrants that the Goods will conform to the specifications furnished by Allied Wire and Cable or if agreed to in writing by an authorized representative of Allied Wire and Cable, specifications furnished by Buyer.
- The buyer is responsible for testing the Goods before installation. If Buyer determines that the Goods fail to conform to the applicable specifications, Buyer must notify Allied Wire and Cable in writing within a reasonable amount of time to permit Allied Wire and Cable to examine and test the Goods. Allied Wire and Cable may, at Allied Wire and Cable's option, (I) replace the goods, (II) give the Buyer credit on a future order, or (III) refund the purchase price. This represents the Buyer's sole remedy for any breach of warranty.
- EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS PARAGRAPH 7, ALLIED WIRE AND CABLE MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HERBY DISCLAIMED BY ALLIED WIRE AND CABLE AND EXCLUDED.
- Allied Wire and Cable's liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this Agreement or alleged to have resulted from an act or omission of Allied Wire and Cable, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the Goods with respect to which such liability is claimed or, where appropriate and at the option of Allied Wire and Cable, to replacement of the Goods thereof. In no case will Allied Wire and Cable be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the Goods of their sale, use, or manufacture. IN NO EVENT SHALL AWC BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER BASED UPON BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE, ARISING OUT OF THIS AGREEMENT.
- Allied Wire and Cable reserves the right, at any time, to make changes in the design or specification of the Goods, or any part thereof, which Allied Wire and Cable, in its sole discretion, believes will meet or exceed performance specifications in such Goods or parts thereof.
- Allied Wire and Cable is not liable for any alterations of the Goods, improper maintenance, abuse of the Goods, or improper installation.
- Any Goods to be returned to Allied Wire and Cable must have a Returns; Material Authorization (RMA) number issued by Allied Wire and Cable before being returned. Any goods returned without a proper RMA number will not be accepted and will be returned to Buyer at Buyer's expense.
- Any Goods returned for Buyer's convenience must be returned as originally shipped. Damaged Goods cannot be returned. All transportation and other applicable charges for returns at Buyer's convenience shall be the responsibility of Buyer. Returns for customer convenience are limited to Goods shipped within sixty (60) days prior to the return request date and are subject to a restocking fee.
- Nonstandard and specialty manufactured Goods, including Goods that have received value-added services, will not be considered for return. Orders for wire and cable lengths less than 500 feet or 1,000 feet, depending on the product, might not be eligible for returns. Goods will be identified as noncancellable and nonreturnable (NC-NR) at the time of quotation.
- Cancellations. Order cancellations are subject to cancellation charges as deemed applicable by Allied Wire and Cable to cover all costs and expenses incurred prior to the cancellation of said order. Cancellation charges may include, but are not limited to, all costs and expenses incurred in producing the Goods (both completed and in the process) and the cost of all items and special material purchased for such order. Cancellation charges may be the total cost of manufacturing the Goods.
- Force Majeure. Allied Wire and Cable shall not be liable for any delay in or failure of performance hereunder due to any contingency beyond its reasonable control, including without limitation any act of God; war; civil commotion; sabotage; labor dispute; explosion; fire; accident; power or equipment failure; inability to obtain suitable or sufficient labor, fuel, power, or material; delay of the carrier; embargo; or any law, ordinance, rule, or regulation, whether valid or invalid.
- Quantity Variance. Under the Uniform Commercial Code and industry standards, all orders are +/- 10% as per industry standard unless previously agreed to by Allied Wire and Cable in writing.
- Choice of Law Provisions. The terms and provisions of this agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without regard for any rules on conflicts on laws.
- Export Control. The Buyer agrees to adhere to all United States customs laws if Goods sold are to be exported outside of the United States.