The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Preferred Power Products, LLC to Preferred Power Products customers, LLC (“Customers”).
1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by Preferred Power Products, LLC in writing by a duly authorized agent of Preferred Power Products, LLC; any written acknowledgment of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted and processed by Preferred Power Products, LLC may not be cancelled by Customer except as covered by the Limited Warranty. Cable Assemblies and Non-Standard Products are also Non-Cancelable/Non-Refundable (“NC/NR”). Non-Standard Parts are defined as Products which are special orders, custom orders, and orders for non-standard products, products not customarily in stock or orders for value-added products. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which Preferred Power Products, LLC may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses then incurred and commitments made by Preferred Power Products, LLC, shall be paid by Customer to Preferred Power Products, LLC. Customer requests to reschedule are subject to acceptance by Preferred Power Products, LLC in its sole discretion. Orders may not be rescheduled after the order has been submitted by Preferred Power Products, LLC to the shipment carrier.
Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by Preferred Power Products, LLC and will be applicable for the period specified in Preferred Power Products, LLC quote. If no period is specified, quoted prices will be applicable for thirty (30) days. Prices are subject to change in the event of a change in Preferred Power Products, LLC costs or other circumstances beyond Preferred Power Products, LLC reasonable control. Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added, and similar texes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, document fees, and import duties.
3. TERMS OF PAYMENT
All payment must be in US Dollars, or will be converted to US Dollars using the available exchange rate at the time of purchase. Major Credit Cards, C.O.D., Advance pay, or NET 30 days upon approval.
For All Orders – Minimum Purchase: $250
Customer agrees to pay the entire net amount of each invoice from Preferred Power Products, LLC pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by Preferred Power Products, LLC, which may in its sole discretion at any time change the terms of Customer’s credit., require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Customer’s order before shipment of any or all of the Products. If Preferred Power Products, LLC reasonable believes that the Customer’s ability to make payments may be impaired or if Customer fails to pay any invoices when due, Preferred Power Products, LLC may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Customer will remain liable to pay for any Products already shipped an all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as Preferred Power Products, LLC may reasonable require for determination of credit terms and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by Preferred Power Products, LLC against any obligation owing by Customer to Preferred Power Products, LLC under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer’s liability for any additional amounts owing by Customer to Preferred Power Products, LLC. The acceptance by Preferred Power Products, LLC of such check will not constitute a waiver of Preferred Power Products, LLC right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, Preferred Power Products, LLC may pursue any legal or equitable remedies, in which event Preferred Power Products, LLC will be entitled to reimbursement for cost of collection and reasonable attorneys’ fees. There is a $35.00 service charge on all returned checks.
4. DELIVERY AND TITLE
All shipment by Preferred Power Products, LLC are F.O.B. point of shipment from Preferred Power Products, LLC facility and the amount of all transportation charges will be paid to Preferred Power Products, LLC in addition to the purchase price of the Products. Subject to Preferred Power Products, LLC right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Preferred Power Products, LLC will make reasonable efforts to initiate shipments and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Preferred Power Products, LLC are estimates only and that Preferred Power Products, LLC will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Preferred Power Products, LLC Company unless specifically designated by Customer. Preferred Power Products, LLC reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity which varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
5. LIMITED WARRANTY
All products are covered by a LIMITED WARRANTY for a period of ninety (90) days from the date of shipment when purchased from Preferred Power Products, LLC . Customer must notify Preferred Power Products, LLC within 90 days from the date of shipment of any defective product. An approved Return Materials Authorization (RMA) number must first be obtained from Preferred Power Products, LLC prior to the return of any merchandise to Preferred Power Products, LLC for inspection under warranty. Shipping charges for all materials returned under this Limited Warranty are to be prepaid by the Customer. This warranty is limited to the original purchaser. Preferred Power Products, LLC liability arising out of any sale of products o Customer is expressly limited to either (1) Credit for the purchase price paid by Customer for such products (without interest) , or (2) Repair and/or replacement of such products, found to be defective after inspection by Preferred Power Products, LLC and such remedies shall be exclusive and in lieu of all others. This warranty is in lieu of any and all other warranties, whether oral, written, expressed , implied, or statutory. Further, no warranty will apply if the Product has been subject to misuse, neglect, accident or modification, or has been soldered or altered in any way.
6. LIMITATION OF LIABILITIES
In no event shall Preferred Power Products, LLC be liable for any special, incidental, or consequential damages of any nature including, but not limited to, damages resulting from loss or profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from Preferred Power Products, LLC for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract, or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD PREFERRED POWER PRODUCTS, LLC HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by Preferred Power Products, LLC and incorporated into the customer’s product.
7. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Preferred Power Products, LLC shall have no responsibility or liability for the content or use of such statements or advice.
8. EXPORT CONTROL
Preferred Power Products, LLC is committed to compliance with all U.S Export Regulations and Laws. Preferred Power Products, LLC Company will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC).
The Terms and Conditions may not be modified or canceled without Preferred Power Products, LLC written agreement. Accordingly, goods furnished and services rendered by Preferred Power Products, LLC are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of FL and the applicable laws of the United States.
Pictures and art work shown are only representative and may vary from the actual products. Preferred Power Products, LLC reserves the right to make, without notice, modifications of the products described in this catalog without affecting the right to sell such products under orders based on the catalog description, if the modifications do not materially affect performance. Preferred Power Products, LLC also reserves the right to withdraw from sale, without notice, any items described in its catalog of products.