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.
3. Prices
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.
4. Testing
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.
6. Payment
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.
8. Warranty
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.
Last Modified On June 7, 2012
Thank you for your interest in Concord Components, Inc. The following provisions set forth the terms and conditions on which Concord Components, Inc. purchases its products.
1. Definitions
Words, as employed in this Agreement, shall have their normally accepted meanings. The following terms shall have the described meaning:
(a) “Buyer” shall mean Concord Components Company, Inc. and/or the entity identified as the Buyer in this Contract.
(b) “Contract” shall mean the Purchase Order, these General Terms and Conditions, and any special conditions appended hereto or documents incorporated herein.
(c) “Goods or Services” shall mean those Goods or Services identified in this Contract, which may be changed, from time to time by the mutual written agreement of the parties.
(d) “Seller” shall mean the party identified as the Seller in this Contract.
2. Price
(a) Unless otherwise specified, the prices established by this Contract are firm fixed prices. Seller warrants that any unit prices charged herein do not exceed the unit prices charged by Seller to other customers in substantially similar transactions.
(b) In the event Seller is liable to Buyer for any amounts, Buyer may, at its election, set-off against any amounts payable to Seller under this Contract.
3. Schedule and Delivery; Notice of Delay
Seller shall strictly adhere to all Purchase Order schedules. Time is and shall remain of the essence in the performance of this Contract. Seller shall notify Buyer, in writing, immediately of any actual or potential delay to the performance of this Contract. Such notice shall include a revised schedule and shall not constitute a waiver to Buyer’s rights and remedies hereunder.
4. Inspection and Acceptance
a) Buyer’s final acceptance of Goods or Services is subject to Buyer’s final inspection within sixty (60) days after receipt at Buyer’s facility or such other place as may be designated by Buyer, notwithstanding any payment or prior test or inspection.
By accepting this Contract for Goods or Services:
(b) Seller agrees that they (and their suppliers) maintain a quality control and inspection program that ensures the supplied product complies with the requirements set forth in this Contract. Seller agrees that they (and their suppliers) maintain a counterfeit detection program that complies with the requirements of the current revision of AS5553 paragraph 4.1. Parts must come from an approved supplier per Mil Spec with Certificate of Conformance. Deviation from this requirement is not permitted without approval by the Buyer and/or documented on the Purchase Order.
(c) Subject to applicable national security regulations, Buyer and Buyer’s representatives shall have the right of access, on a non-interference basis, to any area of Seller’s or Seller’s supply chain sub-tier premises where any part of the work is being performed. Seller shall flow this requirement down to its sub tier supply chain suppliers as a condition of this contract. Seller shall, without additional costs to Buyer, provide all reasonable in-plant accommodations, facilities, and assistance for the safety and convenience of the Buyer and the Buyer’s representatives in the performance of their duties.
(d) Seller shall keep and maintain inspection, test and related records for a minimum of seven years, or as specified in this Contract. The records shall be available to the Buyer or the Buyer’s representative. Seller shall allow copies to be made and shall furnish all information required by the Buyer or Buyer’s representative.
5. Rejection
If Seller delivers nonconforming Goods or Services, Buyer may, at its option and Seller’s expense: (i) return the goods for refund or credit; (ii) require Seller to promptly correct or replace the Goods or Services; (iii) correct the nonconformance; or, (iv) obtain conforming Goods or Services from another source. Buyer shall specify the reason for any return or rejection of nonconforming Goods or Services and/or shall describe the action taken. Seller shall be liable for any increase in costs, including procurement costs, attributable to Buyer’s rejection of the nonconforming Goods or Services. If nonconforming Goods are found to be suspect counterfeit, Buyer reserves the right to deliver the Goods to the original manufacturer and/or the appropriate authority for further analysis or destruction. Buyer shall receive full reimbursement for the deemed or suspect counterfeit Goods. Deemed counterfeit goods will be destroyed by the Buyer or appropriate authority upon verification/analysis/testing. (See also 17. Defective Product)
6. Changes
(a) By written order, Buyer may from time to time direct changes for: (i) technical requirements; (ii) shipment or packing methods; (iii) place of delivery, inspection or acceptance; (iv) reasonable adjustments in quantities, delivery schedules or both; (v) amount of Buyer–furnished property; (vi) time of performance; and, (vii) place of performance. (b) If any such change causes an increase or decrease in the price or in the time required for its performance, Seller shall promptly notify Buyer thereof and assert its claim for equitable adjustment within thirty (30) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this provision shall excuse Seller from proceeding immediately with the directed change(s). Changes shall not be binding upon Buyer except when specifically confirmed in a written Purchase Order or Change Order.
7. Notification of Changes in Product Definition
Seller shall notify Buyer of changes in product definition (material, processing, configuration, etc.) that could affect acceptance of product.
8. Force Majeure
The following events, and only the following events, shall constitute force majeure under this Contract: (a) acts of God or of a public enemy; (b) acts of Government; (c) fires; (d) floods; (e) epidemics; (f) quarantine restrictions; (g) strikes; (h) freight embargoes; and, (i) unusually severe weather. In each case, the failure to perform must be entirely beyond the control and without the fault or negligence of the Seller. Each party shall give the other immediate notice of any event that such party claims is a Force Majeure Condition that would prevent the party from performing its obligations hereunder, and of the cessation of the condition. A party’s notice under this Section shall include the party’s good faith estimate of the likely duration of the Force Majeure Condition.
9. Termination for Convenience
(a) Buyer may, by notice in writing, direct Seller to terminate work under this Contract in whole or in part, at any time, and such termination shall not constitute default. In such event, Buyer shall have all rights and obligations accruing to it either at law or in equity, including Buyer’s rights to title and possession of the goods and materials paid for. Buyer may take immediate possession of all work so performed upon notice of termination. (b) Seller shall immediately stop work and limit costs incurred on the terminated work. (c) If such termination is for the convenience of the Buyer, Buyer, after deducting any amount(s) previously paid, shall reimburse Seller for the actual, reasonable, substantiated and allowable costs with the total amount to be paid by the Buyer being determined by negotiation.
10. Termination for Default
(a) Buyer may, by written Notice of Default to Seller, terminate this Contract in whole or in part, or, at Buyer’s sole discretion, require the Seller to post such financial assurance as Buyer deems reasonably necessary, if the Seller fails to: (i) deliver the goods or to perform the services within the time specified in this Contract or any extension; (ii) make progress, so as to endanger performance of this Contract; or, (iii) perform any of the other provisions of this Contract.
(b) Buyer may require Seller to transfer title and deliver to Buyer, in the manner and to the extent directed by Buyer, any partially completed goods and raw material, parts, tools, dies, jigs, fixtures, plans, drawings, services, information and contract rights (Materials) as Seller has produced or acquired for the performance of this Contract, including the assignment to Buyer of Seller’s subcontracts. Seller further agrees to protect and preserve property in the possession of Seller in which Buyer has an interest. Payment for completed goods delivered to and accepted by Buyer shall be at the Contract price. Payment for unfinished Goods or Services, which have been delivered to and accepted by Buyer and for the protection and preservation of property, shall be at a price determined in the same manner as provided in the Termination for Convenience provision hereof except that Seller shall not be entitled to profit. Buyer may withhold from Seller moneys otherwise due Seller for completed goods and/or Materials in such amounts as Buyer determines necessary to protect Buyer against loss due to outstanding liens or claims against said goods and Materials. (c) Seller shall promptly notify Buyer if Seller is the subject of any petition in bankruptcy. In the event of Seller’s bankruptcy, Buyer may require Seller to post such financial assurance, as Buyer, in its sole discretion, deems necessary. Failure to post such financial assurance upon ten (10) days written notice shall constitute a default under this Contract. The rights and remedies of Buyer in this clause are in addition to any other rights and remedies provided by law or under this Contract.
11. Goods Warranty
Unless stated otherwise in the documents accompanying these terms and conditions, Seller shall warrant all goods against defects in design and performance for a period of one year following delivery. If this Contract is for delivery of goods, Seller shall observe, comply with and afford Buyer all applicable Uniform Commercial Code warranties contained in the Nebraska Consolidated Laws, and Seller hereby acknowledges that Buyer does not waive or accept any disclaimer of any such warranties.
12. Disputes
The provisions of this Contract shall be interpreted in accordance with the laws of the State of Nebraska without resort to said state’s Conflict of Law rule, and in accordance with its fair meaning and not strictly against either party. Pending final resolution of a dispute hereunder, Seller shall proceed diligently with the performance of this Contract and in accordance with all the Terms and Conditions contained herein and with the Buyer’s direction thereof. Buyer and Seller shall each bear its own costs of processing any dispute hereunder.
13. Assignment
Neither this order nor any rights or obligations herein may be assigned by you nor may you delegate the performance of any of your duties hereunder without, in either case, the Buyer’s prior written consent.
14: Release of Information to Public
Seller shall not, without the prior written consent of Buyer, make any release of information concerning this order or any other information related to Buyer (other than to Seller’s employees and subcontractors that is required for the performance of their duties), including copies of this order or identifying the items sold by Seller to Buyer, nor use the name of Buyer in any advertising or publicity, except as may be necessary to comply with proper legal demand.
15. Purchase Order Confirmation
This order must be confirmed. Purchase order is not effective until Buyer receives a copy executed and signed by an authorized representative of the seller acknowledging the terms and conditions of this order. Shipment of merchandise also implies acceptance of the terms and conditions of this purchase order as well as the noted quality clauses. b) Any additional or different terms or conditions which may appear in any communication from Seller are hereby expressly objected to and shall not be effective or binding unless specifically agreed to in writing by Buyer’s Purchase Department. C) Buyer’s acceptance of goods shall not deem acceptance of any additional or different terms or conditions, unless such acceptance specifically recognizes and assents to their inclusion. D) Buyer reserves the right to cancel any purchase and return any product that does not have a signed confirmation.
16. Shipping
All goods are to be shipped freight collect, F.O.B. destination by the specified carrier, unless otherwise stated. a) DO NOT CHARGE INSURANCE except upon Buyer’s written request. b) Regardless of F.O.B. point, Seller agrees to bear all risk of loss, injury, or destruction of goods and materials ordered herein which occur prior to acceptance by Buyer. c) No such loss, injury, or destruction shall release Seller from any obligations hereunder.
17. Defective Product
Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchased COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch to Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.
18. Complete Agreement
The Purchase Order clearly indicating a link to these terms and conditions, also which includes any supplementary sheets, schedules, exhibits, and/or attachments annexed hereto by Buyer, contains the complete and entire agreement between the parties with respect to the subject matter of this contract, when accepted by acknowledgement, commencement, or performance.
It supersedes any other communications, representations or agreements whether verbal or written. This Purchase Order may be accepted only on all the terms and conditions herein stated. Additional or different terms proposed by the Seller shall not be applicable, unless accepted in writing by the Buyer and made a part of this order. No acceptance by Buyer of or payment for goods ordered hereunder shall be deemed a waiver of the foregoing or an acceptance of any additional or different terms contained in any acknowledgement, invoice, or other form sent or delivered by Seller to Buyer.
19. Products, Methods, and Processes
Any knowledge or information which the Seller shall have disclosed or may hereafter disclose to the buyer incident to the placing and filling of this purchase Order shall not, unless otherwise specifically agreed upon in writing by the buyer, be deemed to be confidential or proprietary information, and accordingly shall be acquired free from any restrictions (other than restrictions which may derive from a valid patent.)
20. Packaging, Shipment, and Transportation
All charges for boxing, packing, crating, and storage are included in the price stated herein. Goods shall be suitably packed to secure lowest transportation costs and to conform to the requirements of common carriers and any applicable specifications. All packages must bear Buyer’s Purchase Order number. If purchase terms are F.O.B. shipping point, Seller will conform to Buyer’s established routing and shipping instructions.
21. ESD Requirements
All static sensitive products shall be handled in accordance to the current version of ESD S20.20. Packaging of ESD sensitive products shall be metallic shielding or static dissipating and shall be labeled with an ESD caution label as defined in JESD625-A.
22. Disputes
The provisions of this Contract shall be interpreted in accordance with the laws of the State of Nebraska without resort to said state’s Conflict of Law rule, and in accordance with its fair meaning and not strictly against either party. Pending final resolution of a dispute hereunder, Seller shall proceed diligently with the performance of this Contract and in accordance with all the Terms and Conditions contained herein and with the Buyer’s direction thereof. Buyer and Seller shall each bear its own costs of processing any dispute hereunder.
23. Applicable Law
All questions concerning the interpretation, construction, performance, and enforcement of this contact and remedies in the event of default shall be resolved in accordance with the laws of the state of Nebraska.
Last Modified On November 22, 2010
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Web site, including all of its features and content (the "Web Site") is a service made available by ConcordComponents.Com, a division of Concord Components, Inc. or its affiliates ("Provider") and all content, information, services and software ordered or provided on or through this Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use").
1. Web Site Limited License
As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
2. Limitations On Use
Each license is granted to an Authorized Site. An Authorized Site is defined as a localized geographic site in an organizational unit with no user terminals located beyond a one-half (0.5) mile radius of the Authorized Site address on file with Concord Components, Inc. Authorized Site licenses are not transferable. The owner of an Authorized Site license may not sell, rent, or otherwise transfer ownership to any other company, group, individual, or alternate localized geographical site within the organizational unit. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
3. Intellectual Property Rights
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Copyright.
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You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to Help@ConcordComponents.Com and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at Advertisements@ConcordComponents.Com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.
5. No Solicitation
You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and e-mail address, your own web site's URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
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This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
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Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by e-mailing Help@ConcordComponents.Com.
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Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
No Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing Provider reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
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PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT.
13. Indemnification
You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.
14. Third Party Rights
The provisions of paragraphs 15 (DISCLAIMER), 16 (LIMITATION OF LIABILITY), and 17 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Unlawful Activity
Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
16. Remedies For Violations
Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.
17. Governing Law And Jurisdiction
The Terms of Use are governed by and construed in accordance with the laws of the State of Nebraska and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Nebraska and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Last Modified On November 22, 2010
This Privacy Policy applies to all of the products, services and websites offered by Concord Components, Inc. or its subsidiaries or affiliated companies. Sometimes, we may post product specific privacy notices to explain our products in more detail.
If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at:
Privacy Matters
c/o Concord Components, Inc.
1700 Industrial Drive
Wayne, NE 68787
USA
1. Information We Collect And How We Use It
We may collect the following types of information:
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Information You Provide - When you sign up for a ConcordComponents.Com Account, we ask you for personal information. We may combine the information you submit under your account with information from other ConcordComponents.Com services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
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Cookies - When you visit ConcordComponents.Com, we send one or more cookies to your computer or other device. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how people search.
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Log Information - When you access ConcordComponents.Com services via a browser, application or other client our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
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User Communications - When you send email or other communications to ConcordComponents.Com, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. When you send and receive SMS messages to or from one of our services that provides SMS functionality, we may collect and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction. We may use your email address to communicate with you about our services.
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Affiliated ConcordComponents.Com Services On Other Sites - We offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent to ConcordComponents.Com in order to deliver the service. We process such information under this Privacy Policy.
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Third Party Applications - ConcordComponents.Com may make available third party applications, such as gadgets or extensions, through its services. The information collected by ConcordComponents.Com when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their privacy policies.
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Other Sites - This Privacy Policy applies to ConcordComponents.Com services only. We do not exercise control over the sites displayed as search results, sites that include ConcordComponents.Com applications, products or services, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
In addition to the above, we may use the information we collect to:
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Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and
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Protect the rights or property of ConcordComponents.Com or our users.
If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
ConcordComponents.Com processes personal information on our servers in the United States of America.
2. Choices
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some ConcordComponents.Com features and services may not function properly if your cookies are disabled.
3. Information Sharing
ConcordComponents.Com only shares personal information with other companies or individuals outside of ConcordComponents.Com in the following limited circumstances:
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We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
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We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
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We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of ConcordComponents.Com, its users or the public as required or permitted by law.
If ConcordComponents.Com becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.
4. Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to ConcordComponents.Com employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
5. Accessing And Updating Personal Information
When you use ConcordComponents.Com services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
6. Enforcement
ConcordComponents.Com adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce’s Safe Harbor Program.
ConcordComponents.Com regularly reviews its compliance with this Privacy Policy. When we receive formal written complaints, it is ConcordComponents.Com's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between ConcordComponents.Com and an individual.
7. Changes To This Privacy Policy
Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).
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