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These standard terms and conditions of sale apply to all products or services
Cableorganizer.com (the “Seller”) provides to customers wishing to purchase products (the “Buyer”). Seller rejects any additional terms and conditions that may be contained in any
document provided previously by the Buyer. Seller recognizes no other terms and conditions
including but not limited to terms and conditions in documents provided subsequent to the date
of this Agreement unless approved in writing by Seller’s authorized representative.
1. PURCHASE ORDERS – Purchase orders from Buyer sent to Seller shall be binding on
Seller if accepted and acknowledged in writing by Seller or upon fulfillment by Seller.
Purchase orders are cancelable by Buyer prior to shipment without further fees or
charges. Purchase orders canceled by Buyer after shipment are subject to the return
policy set forth in Section 5 and Buyer shall be responsible for payment of any and all
shipping costs incurred by Seller and restocking fees, if applicable. Any terms of sale
contained in Buyer’s purchase orders are superseded by these Standard Terms and
Conditions.
2. ACCEPTANCE OF ORDER: TERMINATION – Acceptance of any order is subject to
credit approval and acceptance of order by Seller. If Buyer’s credit becomes
unsatisfactory to Seller, Seller reserves the right to terminate upon notice to Buyer and
without liability to Seller.
3. PRICES AND SHIPMENTS – Prices shall be those in effect at time of shipment which
shall be made EXW. Shipping methods and costs quoted are subject to change based on
freight availability.
4. PAYMENT TERMS – Standard payment terms are Net 30 Days with prior credit
approval. A monthly service charge of the lesser of 1 ½ % or the maximum permitted by
law may be added to all accounts not paid within 30 days. Seller accepts Visa,
MasterCard, American Express and Discover. Other methods of payment include money
orders, Paypal, check by mail (orders held until check clears) and wire transfers. All
payments are to be made in U.S. dollars.
5. RETURN OF PRODUCTS – Except for products considered Non-cancelable or Nonreturnable
by Seller, credit will be allowed for products returned with prior written
approval from Seller. The approval must be in the form of a Return Merchandise
Authorization (“RMA”) issued by Seller. A restocking fee of 25% of the total purchase
value will apply. Buyer shall be responsible for all shipping costs of returned products.
Credits will be issued only for products returned within 90 days of the date of purchase,
returned in original packaging and deemed by Seller to be in original resellable
condition.
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6. TAXES – Prices shown do not include sales or other taxes imposed on the sale of
products. Taxes now or hereafter imposed upon sales or shipment will be added to the
purchase price. Buyer agrees to reimburse Seller for any such tax unless Seller is
provided, prior to product shipment, with acceptable tax exemption certificate.
7. DELAY IN DELIVERY – Seller is not accountable for delays in delivery occasioned by
acts of God, failure of its suppliers to ship or deliver on time, or other circumstances over
which Seller has no direct control. Factory shipment or delivery dates are the best
estimates for delivery. In no case shall Seller be liable for any damages arising from any
delay in delivery.
8. WARRANTIES – SELLER MAKES NO WARRANTY, EITHER EXPRESSED OR
IMPLIED, OF ANY KIND INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR LACK OF INFRINGEMENT. THE ONLY WARRANTIES
AVAILABLE TO BUYER SHALL BE THOSE MADE BY THE MANUFACTURER.
Buyer shall assert any claims only against the manufacturer and shall have no recourse
against the Seller.
9. SECURITY INTEREST – Seller will retain a security interest in all products sold until
the full purchase price and charges enumerated on the invoice are paid. Buyer’s failure to
pay any amount when due will give seller the right to possession and removal of the
equipment upon written notice at least ten (10) days prior.
10. LIMITATION OF LIABILITY – IT IS UNDERSTOOD AND AGREED THAT
SELLER’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED AND
BUYER’S REMEDY IS LIMITED TO EITHER, AT SELLER’S OPTION: (i)
REPLACEMENT OF THE DEFECTIVE PRODUCTS EXW, (ii) CORRECTION
OF THE DEFECTIVE SERVICE, (iii) REPAIR OF THE DEFECTIVE
PRODUCTS, (iv) RETURN OF THE DEFECTIVE PRODUCT BY THE BUYER
AND REFUND OF THE PURCHASE PRICE, OR (v) REFUND OF THE
SERVICE PRICE. UNDER NO CIRCUMSTANCES SHALL SELLER BE
LIABLE TO BUYER OR ANY THIRD PARTY FOR LOSS OF PROFITS,
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR AN AMOUNT GREATER THAN THE PURCHASE PRICE FOR
THE PRODUCTS OR SERVICES PURCHASED BY THE BUYER. THE PRICE
STATED FOR THE PRODUCTS OR SERVICES IS A CONSIDERATION IN
LIMITING SELLER’S LIABILITY. NO ACTION, REGARDLESS OF FORM,
ARISING OUT OF THE TRANSACTIONS OF THIS AGREEMENT MAY BE
BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF
ACTION HAS ACCRUED.
11. WAIVER – The failure of Seller to insist upon the performance of any of the terms or
conditions of this contract or to exercise any right hereunder shall not be deemed to be a
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waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a
waiver of any other term, condition, or right under this contract.
12. MODIFICATION OF TERMS AND CONDITIONS – No terms and conditions other
than those stated herein and no agreement or understanding, in any way purporting to
modify these terms or conditions, shall be binding on Seller without the Seller’s written
consent.
13. CHOICE OF LAW – THIS AGREEMENT SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF FLORIDA, USA, WITHOUT REGARD TO
PRINCIPLES OF CONFLICTS OF LAWS, AND THE COURTS OF THE STATE
OF FLORIDA IN THE COUNTY OF BROWARD SHALL HAVE NONEXCLUSIVE
JURISDICTION OVER CAUSES OF ACTION ARISING UNDER
THIS AGREEMENT. ALL PARTIES HEREBY SUBMIT TO THE
JURISDICTION OF SUCH COURTS AND WAIVE ANY OBJECTION OF
FORUM NON CONVENIENS THAT THEY MAY BE ENTITLED TO RAISE. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY
EXCLUDED.
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