Last Modified On November 22, 2010
Thank you for your interest in Concord Components, Inc. The following provisions set forth the terms and conditions on which Concord Components, Inc. sells its products.
1. Terms of Sale
The purchase of any items sold by Concord Components, Inc. shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by an authorized representative of Concord Components, Inc. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by Buyer and, except for delivery and billing addresses, and quantities prices and items ordered, any conflicting or additional terms are void and have no effect, but that Buyer may place orders by use of purchase orders and other documentation for its convenience purposes only. Notwithstanding the foregoing, Concord Components, Inc. reserves the right at any time to amend these terms and conditions, and Buyer shall be deemed to accept such amended terms and conditions by ordering items herein offered after the date of such amendment. Additional special terms and conditions of Concord Components, Inc. may be applicable with respect to certain products.
2. Minimum Order Quantity
All products must be ordered full quantity quoted. Minimum order for both domestic and international orders is $100.00. Orders requiring the wiring of funds are subject to a $30.00 bank fee if under $500.00.
All pricing quotes must be documented in writing and signed by Concord Components, Inc. to be valid. Prices quoted, unless otherwise stated, refer to quantities requested at time of quote. All prices are firm for 30 days from the date quoted unless otherwise stated by a representative of Concord Components, Inc. at time of quote. Concord Components, Inc. reserves the right to change the prices and specifications of its products at any time without notice.
Any testing, electrical, military or otherwise of any nature must be done at a mutually agreed upon laboratory. If testing is done without authorization in writing from Concord Components, Inc., the Buyer assumes responsibility for all loss should the items fail in any way. Buyer agrees by accepting these stated Terms and Conditions that should parts be tested without Concord Components, Inc’s authorization, any request for return will be rejected without further review.
5. Tax Information
Any tax, duty, custom or other fee of any nature imposed upon the products, their sale, transportation, delivery, use or consumption shall be paid by Buyer in addition to the price quoted or invoiced. If Concord Components, Inc. is required to prepay any such tax or fee, Buyer will reimburse Concord Components, Inc. in full. Buyer must provide a resale/exemption certificate in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by Concord Components, Inc. sixty (60) days after the invoice date. Proof of certification should be mailed to: Concord Components, Inc., 1700 Industrial Dr., Wayne, NE 68787, or faxed to (402) 833-5517.
Payment terms are set on the invoice, any Net terms are from date of invoice. Credit card payments will not be accepted without prior approval from Concord Components, Inc. Buyer's obligation to pay outstanding invoices and all other amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever. Balances remaining unpaid at due date are subject to a interest charge of 1.5% per month or the highest rate permitted by law, whichever is lower, until paid. Any discounts, rebates, administrative fees, credits, or other fees due or owed to Buyer will be applied against delinquent balances before payment or reimbursement is made. Any disputed amounts should be reported immediately and remitted with the undisputed amount by the payment due date. If Concord Components, Inc. agrees with the billing dispute, Concord Components, Inc. will credit Buyer the amount of the agreed-upon billing dispute. All billing disputes must be made within six (6) months of the applicable invoice date. Concord Components, Inc. reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further shipment until all overdue balances are made current. Buyer shall be liable for, and shall reimburse Concord Components, Inc. for all costs and expenses it may incur in connection with collection of any amounts owed to Concord Components, Inc. or enforcement of its rights, including without limitation, reasonable attorneys' fees and expenses, court costs, and cost of collection agencies.
7. Returned Material Policy
All returns are subject to the prior authorization of Concord Components, Inc., in its discretion. Buyer must notify Sales Representative and complete a Returned Material Authorization “RMA” Request Form (61-0004). The RMA Request Form requires lot numbers, quantities and serial numbers along with a specific reason for return. After review by management, the request will either be authorized or denied. Only items appearing on an approved RMA Request Form are acceptable for return. All authorized returned items must NOT BE RETURNED C.O.D. (Cash On Delivery). Credits for returned goods are conditioned upon Concord Components, Inc. Inspection and Approval of such items upon their return. If Concord Components, Inc. determines, in its discretion, that any returned items are not eligible for return, Buyer will not receive a credit, even if a RMA Request Form was issued. No advance credits will be accepted.
With respect to disposable products, Concord Components, Inc. warrants to the original purchaser that, at time of delivery, each item sold by Concord Components, Inc. has a 30 day warranty for fit form and function. Any request for extended warranty must be authorized in writing by Concord Components, Inc. Concord Components, Inc.’s warranty hereunder shall not apply if: (A) a component is not used in accordance with the original manufactures specifications. (B) any repairs, alterations or other work has been performed by Buyer or others on such item, other than work performed with Concord Components, Inc authorization and according to its approved procedures. (C) the alleged defect is a result of abuse, misuse, improper maintenance, accident or the negligence of any party other than Concord Components, Inc. The warranty set forth herein is conditioned upon proper storage, installation, use and maintenance in accordance with applicable original manufacture specifications and ESD compliance. Concord Component, Inc.’s sole obligation shall be to replace or reimburse for cost of item only, at Concord Component’s option, any defective component or item and pay transportation expenses for such replacement. Buyer shall provide labor for the removal of the defective component or item and installation of its replacement at no charge to Concord Components, Inc. Buyer shall bear all risk of loss or damage to returned items while in transit. In the event no defect or breach of warranty is discovered by Concord Components, Inc. upon receipt of any returned item, the item will be returned to Buyer at Buyer's expense and Buyer will reimburse Concord Components for the transportation charges, labor and associated charges incurred in testing the allegedly defective item. Except as expressly provided herein, Concord Components, Inc. makes no representation or warranty of any kind, expressed or implied with respect to any products, parts or services not directly provided by Concord Components including, The sole and exclusive remedy for breach of any warranty is limited to the remedies provided in the paragraph above.
Concord Components, Inc. will use its reasonable efforts to fill orders, but Concord Components shall not be liable for nonperformance or delays caused by a shortage of items, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control. Buyer agrees that in such events Concord Components may allocate products among all purchasers as it deems reasonable, without liability.
The products are sold subject to Nebraska law. These terms and any dispute or claim relating to these terms or the sale of products (“Claim”) shall be governed by and construed under Nebraska law, notwithstanding its law of conflicts of law. If any Claim cannot be settled amicably between the parties, such Claim shall be settled by arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator(s) shall be final and binding upon the parties and judgment upon the award may be entered in any court having jurisdiction thereof.
Any knowledge or information that Buyer may disclose to Concord Components, Inc. shall not be deemed to be confidential or proprietary information, and shall be acquired by Concord Components free from any restriction.
Concord Components Inc. shall not in any event be liable to buyer for any indirect, incidental, special, punitive or consequential damages (including any damage for lost profits), or otherwise arising out of or in connection with furnishing of products, parts or service hereunder, or the performance, use of, or inability to use any products, parts or service, or otherwise, whether based in contract, warranty, tort, including without limitation, negligence, or any other legal or equitable theory. Concord Components total liability for any claim or action shall not exceed the purchase price of the products out of which such claim or action arose.
9. Damage Or Loss In Transit
Identity of items and extent of damage or loss must be noted on Buyer's copy of delivery document by the agent of the transportation company. If damage is discovered after receipt of shipment, notify the transportation company immediately and request that inspection be made and an inspection report rendered. Concealed shortages or damages within palletized shipments must be reported to Concord Components within 3 business days of delivery or credit will not be allowed. Concord Components, Inc. will issue a credit for the loss or damage and file a claim with the carrier, providing your request is promptly forwarded to Concord Components and the item(s) did not ship on the Buyer’s account. A claim request must be accompanied by a delivery receipt or an inspection report upon which the transportation company has properly noted such damage or loss.
COUNT AND INSPECT YOUR FREIGHT BEFORE CARRIER DEPARTS. DAMAGED MERCHANDISE SHOULD NOT BE ACCEPTED.