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Stellar Labs products are sold exclusively at MCM, an InOne company. Stellar Labs follows MCM's terms and conditions as seen below. Any questions please email us at: customerservice@stellarlabs.com
- PLEASE READ THIS AGREEMENT CAREFULLY
- AVAILABILITY AND PRICING
- FINANCIAL TERMS
- OPEN ACCOUNTS/CUSTOMER'S FINANCIAL CONDITION
- RETURNS
- INTERNATIONAL ORDERS
- EXPORT CONTROLS
- SHIPPING & HANDLING/DELIVERY
- HAZARDOUS APPLICATIONS PROHIBITED
- CATALOG DESCRIPTIONS
- WARRANTY & LIMITATION OF LIABILITY
- INTELLECTUAL PROPERTY RIGHTS
- FORCE MAJEURE
- GOVERNING LAW
- DISPUTE RESOLUTION
- SEVERABILITY
- WAIVER
- NO THIRD PARTY BENEFIT
PLEASE READ THIS AGREEMENT CAREFULLY: It contains
the Terms and Conditions of sale that apply to the purchase of
products from MCM Electronics, Inc. ("the company"). Any
different or additional terms set forth in the customer's
purchase order or similar communication are objected to
and shall not be binding on the company unless a separate
agreement has been signed by an authorized officer of the
company. By placing an order for products from the company,
or by accepting delivery of the products described on the
applicable packing slip, bill of lading and/or invoice received
with the products you agree to be bound by and accept these
Terms and Conditions of sale.
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AVAILABILITY AND PRICING: Catalog product listings,
specifications, availability, and pricing are subject to change
without notice. Orders are not binding upon the Company until
accepted by an authorized representative of the Company. Prices
listed in the catalog and charges discussed herein are in U.S.
dollars. Some products may not be available for shipment
outside the United States. The Company reserves the right to
refuse service, terminate accounts or cancel orders in its sole
discretion. The Company may also change or modify these Terms
and Conditions of Sale from time to time without notice. Prices
shown herein reflect the latest information available at the time
of the printing of the catalog or uploading of an electronic
catalog. Prices charged will be those prevailing when an order
is placed. For scheduled deliveries over 60 days, the Company
reserves the right to charge the Customer the price of the
products at shipment if higher. The Company's quoted prices do
not reflect the cost of accommodating Customer's purchases via
credit card or any third-party procurement services, software or
e-commerce providers and the Company may accordingly pass
through the additional charges incurred as a result of Customer's
use of such purchasing methods. Prices shown do not include
any Federal, State or local taxes or any present or future sales,
use, excise, value-added or similar taxes. Where applicable,
such taxes shall be billed as a separate item and paid by
Customer. Orders are accepted with the understanding that such
taxes will be added, as required by law. The Company charges
local sales tax for OH, NV, MN, CA, and IN, unless Customer has
a valid sales tax exemption certificate on file with the Company.
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FINANCIAL TERMS: For open accounts only (with prior
approval), standard payment terms are Net 30 days of the invoice
date, without any deductions or setoffs. Otherwise, the Company
will take your order with advance payment via cashier's check or
money order, or with an accepted credit card. Orders under
$25.00 will be subject to a $5.00 service charge (not including
shipping and handling). Selected products containing precious
metals are subject to a surcharge. A late payment charge of 11/2%
per month (annual percentage rate of 18%) shall be charged on
all past due accounts and Customer shall pay the Company all
costs incurred by it in collecting any past due account from
Customer, including all court costs and attorney's fees, provided,
however, if the foregoing charges exceed that rate which may be
lawfully charged under applicable law, then such charges shall
be calculated so as not to exceed the lawful rate. The Company
reserves the right to add a $25.00 service charge on all
returned checks.
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OPEN ACCOUNTS/CUSTOMER'S FINANCIAL CONDITION:
A Customer that desires to open a credit account must furnish
such information as requested by the Company. The Company
reserves the right in its absolute discretion to grant, refuse or
discontinue any extensions of credit, or reduce or suspend any
credit limit at any time. Company also reserves the right to
cancel any order, require payment in advance, or require the
Customer to provide adequate assurance of performance,
without any liability by the Company, in the event of the
Customer's insolvency, filing of a petition in bankruptcy, the
appointment of a receiver or trustee for Customer, or the
execution by Customer of an assignment for the benefit
of creditors.
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RETURNS: Permission for return of products must first be
secured from the Company. Products returned without a Return
Authorization Number will not be accepted. Return Authorization
Requests showing shipper or invoice number, date, quantities
of items and catalog number will be acted upon promptly. All
Return Material Authorizations are conditional and are not final
until the product is received and inspected by the Company.
Credit will be issued at the original price charged less handling
and transportation charges, where applicable. Returns may be
subject to a minimum 15% restocking charge. All claims for
shortages must be made within 72 hours of receipt of product.
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INTERNATIONAL ORDERS: The minimum export order is
$250.00. Export orders requiring special handling, packaging,
and documentation are subject to additional charges. Export
orders are accepted on the basis of payment in advance of
shipment by a cashier's check in U.S. funds, wire transfer,
international money order, credit card, or acceptable letter
of credit. Prices are FCA Company Warehouse in accordance
with Incoterms 2000 and do not include insurance, freight,
brokerage, duty or taxes.
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EXPORT CONTROLS: Products purchased or received under
these Terms and Conditions of Sale are subject to export control
laws, restrictions, regulations and orders of the United States.
Customer agrees to comply with all applicable export laws,
restrictions and regulations of the United States or foreign
agencies or authorities, and shall not export, or transfer for
the purpose of re-export, any product to any prohibited or
embargoed country or to any denied, blocked, or designated
person or entity as mentioned in any such United States or
foreign law or regulation. Customer represents and warrants that
it is not on the Denied Persons, Specially Designated Nationals
or Debarred Persons List and is not otherwise prohibited by law
from purchasing the products or services hereunder. Customer
shall be responsible to obtain any license to export, re-export or
import as may be required.
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SHIPPING & HANDLING/DELIVERY: All U.S. domestic
shipments are FCA Shipping Point in accordance with Incoterms
2000 and in all cases title shall pass upon delivery to the carrier
at point of shipment and thereafter all risk of loss or damage
shall be upon Customer (without regard to which party pays for
the shipping costs). Company and carrier handling charges
apply. Next Day and Second Day Air Service is available within
the 48 contiguous states, Alaska, Hawaii, and Puerto Rico.
Delivery dates provided in advance are estimates only and
shall not represent fixed or guaranteed delivery dates. Export
shipments are on the basis of FCA Company Warehouse in
accordance with Incoterms 2000, with the Company charging
separately for the costs, insurance, and freight to bring the
products to the named place of destination.
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HAZARDOUS APPLICATIONS PROHIBITED: The company's
products are not recommended or authorized for safety, life
support, surgical implant, nuclear, military or commercial aircraft
applications, or for any use or application in which the failure of
a single component could cause substantial harm to persons or
property. Customer assumes all risk and liability for use in
such applications and agrees to indemnify the Company for all
damages that may be incurred due to use of the Company's
products in these prohibited applications.
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CATALOG DESCRIPTIONS: All specifications, drawings
and particulars of weights, dimensions, capacity or other details
contained in the Company's catalog(s) are intended to give a
general description of the products only and will not be part of
this Agreement. If the product description in the catalog(s)
differs from the manufacturer's description the manufacturer's
description will be deemed correct. Company is not responsible
for typographical errors in the catalog.
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WARRANTY & LIMITATION OF LIABILITY: Products are sold
by the Company with such warranties as may be extended by the
manufacturer of the product(s), and there are no warranties for
value added services, services bundled with the products,
or other services provided by the Company. Copies of the
manufacturers' warranties are available prior to the purchase
of products by contacting the Company. The Company makes
no other warranties and any and all implied warranties of
merchantability or fitness for a particular purpose are hereby
disclaimed. Customer is responsible for installation and use in
accordance with manufacturers' instructions and the Company
shall not be responsible for customer's improper selection of a
product for a particular application or otherwise. No warranty
will apply if its products are in any way altered or modified after
delivery by the Company.
The Company's liability on any claim for loss or damage arising
out of this agreement or from the performance or breach of
this agreement or connected in any manner with the supplying
of any products or services hereunder, or the sale, resale,
operation or use allocable to such products or part thereof
involved in the claim, whether based on contract, warranty,
tort (including negligence and for property damage and death)
or other grounds, shall not in any event exceed the price
allocable to such products or part thereof involved in the claim,
regardless of cause or fault. In no event shall the Company
be responsible to customer or any third party for any
consequential, incidental or indirect damages, including but
not limited to loss of profits, revenues, sales, data, business,
goodwill or use, even if the Company has been advised of the
possibility of such loss or damage. The parties agree that
without this limitation of liability the Company would not have
agreed to the price or terms and conditions of this agreement.
The limitation of liability set forth herein applies both to
products and services purchased or otherwise provided
hereunder. Any cause of action against the Company must be
instituted within 1 year from the date of purchase or provision
of the products or services.
If the Company provides Customer with advice, training,
applications support, or other assistance which concern any
products supplied hereunder, or any equipment, system or
the like in which the product may be installed, the Company's
giving of such advice or assistance will not subject the Company
to any liability, whether based on contract, warranty, tort
(including negligence) or other grounds.
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INTELLECTUAL PROPERTY RIGHTS: The products offered
for sale by the Company may be subject to patent, trademark,
copyright, design and other rights of third parties. The Company
shall in no event whatsoever be responsible or liable in the event
of any claim of infringement of any such rights.
The Company's entire catalog(s) and website(s), including
without limitation, the content of the catalog(s) and website(s)
is copyrighted as a collective work under United States laws and
applicable international copyright laws and the Company owns
the full copyright in its catalog(s) and website(s), including
without limitation in the selection, coordination, arrangement
and enhancement of the content contained therein.
Except as stated below, none of the materials in the Company's
catalog(s) or on its website(s) may be reproduced, distributed,
republished, downloaded, copied in any form or by any means,
displayed, posted, transmitted, modified, translated, added to,
updated, compiled, or abridged without the prior written
permission of the Company. Customer may download, store,
print and copy selected portions of the content in the Company's
catalog(s) and website(s) provided Customer:
(1) only uses the content downloaded, stored, or printed for furthering Customer's business with the Company;
(2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site;
(3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and
(4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.
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FORCE MAJEURE: The Company shall not be liable for loss
or damage caused by any delay or failure to perform resulting in
whole or in part from Acts of God, severe weather conditions,
labor disruptions, governmental decrees or controls,
insurrections, war, risks, shortages, inability to procure or ship
product or obtain permits and licenses, insolvency or other
inability to perform by the manufacturer, delay in transportation,
any other commercial impracticability and/or any circumstances
beyond the control of the Company in its business operations.
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GOVERNING LAW: This Agreement and any sales hereunder
shall be governed by the laws of the State of Ohio without regard
to conflicts of laws rules and venue shall be in the federal and
state courts of Montgomery County, State of Ohio, United States
of America. The parties expressly exclude the application of the
1980 United Nations Convention of Contracts for the
International Sales of Goods, if otherwise applicable.
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DISPUTE RESOLUTION: Actions by the Company for
non-payment by the Customer of the purchase price of products
sold by the Company, or for redress of other breaches by the
Customer of these Terms and Conditions of Sale may be brought
by the Company, at its option, before any U.S. or foreign judicial
court of competent jurisdiction or at the Company's option,
disputes between the Company and the Customer, including all
claims for non-performance by the Company, shall be finally
settled by arbitration in Centerville, Ohio, U.S.A. under the
Commercial Rules of the American Arbitration Association,
by a single arbitrator appointed in accordance with said
Commercial Rules applying these Terms and Conditions of Sale
and consistent provisions of the federal and state laws (except
conflict of law rules) of the State of Ohio, U.S.A.
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SEVERABILITY: If any provision or provisions of this
Agreement shall be held to be invalid, illegal or unenforceable,
such provision(s) shall be enforced to the fullest extent permitted
by applicable law, and the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or
impaired thereby.
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WAIVER: The Company's failure to insist on performance of
any term or condition contained in this Agreement, or failure to
exercise any of the Company's rights hereunder, shall not
constitute a waiver of any of the Company's rights or remedies
under this Agreement.
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NO THIRD PARTY BENEFIT: The provisions set forth in
these Terms and Conditions of Sale are for the sole benefit of the
parties hereto, and confer no rights, benefits or claims upon any
person or entity not a party hereto.
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