Customer Terms and Conditions
JC Global Inc
d.b.a Freedom Sales & Marketing
Terms & Conditions of Sale
Prices stated on the face of this invoice do not include Federal, State, or Local taxes. Shipping charges are separately stated. Title and risk of loss pass to Buyer at Seller's delivery to common carrier. Published prices are subject to change without notice.
Payment & Sales Tax
Payment terms are negotiated prior to shipment and are indicated on the face of the Invoice. If Buyer fails to comply with any terms of payment, in addition to Seller's other rights and remedies, any unpaid balances are subject to a late payment charge of 1.5% per month, or the maximum allowed by statute, whichever is less, on the past due balance. Buyer must have a state sales tax exemption certificate on file with Seller to avoid sales tax charges. A customer using a restricted sales tax exemption must submit a confirming purchase order referencing the state sales tax exemption number for all orders exempt for sales tax.
Default: Failure to pay our invoice with the payment terms above mentioned shall constitute a default. In the event of any default, breach , or dispute, the prevailing party shall be entitled to all costs and attorney fees prior to suit, through bankruptcy and collection. This agreement and all rights and obligations under this Agreement shall be governed by the law of the State of Florida and venue is hereby stipulated between the parties, their successors and assigns, and shall be enforced only in a court of competent jurisdiction in Pasco County, Florida
SHORTAGES, ERRORS OR DAMAGED PRODUCT
All packages should be opened and inspected immediately upon receipt. Claims of shortages, errors, or damage must be made in writing to Seller within 15 days after receipt by Buyer. A return authorization number issued by Seller for damaged product is required prior to return. Any product returned by Buyer, without a return authorization number, will be returned by Seller to Buyer freight collect. Claims for loss or damage in transit must be made by Buyer, directly to the carrier. All returns are subject to a restocking fee. Seller shall not be liable for consequential damages, including indirect,special,incidental damages, including but not limited to lost business or profits, and whether or not based in breach or warranty, contract, negligence, property damage, personal injury, product liability or otherwise, in connection with the sale or use of the product.
Except as stated below, Seller makes no express warranty, and disclaims any implied warranty, of merchantability, use, or fitness for a particular purpose. Seller further disclaims any warranty, guarantee or representation, which might arise from course of dealing, custom or use of trade, which is inconsistent with the foregoing. Buyer shall inspect the Products immediately upon their receipt. Claims for shortage or for mistakes or errors in billing or as to a defect or nonconformity in any Products must be presented within 15 days from the date of receipt of the Products and must state the date of such receipt and the invoice number applicable to the claim. Any claim not so presented will be conclusively deemed waived. No agent, employee or representative of Seller, except as specifically authorized in writing by the President or the Chief Operating Officer of Seller, has the authority to bind Seller to any representation or warranty other than as specified herein.
Product which is sold non-cancelable/non-returnable (NCNR) or which is specifically ordered by Buyer may not be returned for credit. Returns excludes the failure of any electronic component caused by the Buyer negligence,misuse (including misuse relating to the handling, storage,transportation, or installation of the electronic component) or use that is inconsistent with the manufacturer's recommended use. Other product may be returned only with a return authorization number issued by Seller and a detailed written failure analysis report. The issue of a return authorization number issued by the sole discretion of Seller. All products for which a return is authorized will be subject to restocking and other handling charges. Authorized returns must be made within 30 days of the issue of a return authorization number. Authorized product returned must be sealed and in original packaging.
ACCEPTANCE I USE
Acceptance of Buyer's purchase order is affected at and only upon shipment. Seller's ability to ship is subject to availability of product. Additionally, Buyer' use of a product in a life support system may be an unauthorized use as proscribed by the manufacturer, which may result in Seller's inability to ship or negate the warranty extended as described below. Any terms in Buyer's purchase order inconsistent with the terms hereof shall be void notwithstanding Seller's failure to object to such inconsistent terms. Any provisions in Buyer's purchase order that are in addition to those expressed herein will not be deemed accepted unless Seller, by a separate writing, agrees to the same. Mere delivery of product may not be construed as Seller's acceptance of such additional terms. Seller's failure or inability to deliver merchandise as requested shall not subject Seller to any liability for costs, expenses, or actual indirect, special or consequential damages incurred or suffered by Buyer, including but not limited to lost business or profits, whether or not foreseeable.
CERTIFICATE OF COMPLIANCE
Unless otherwise specifically stated on the face of this invoice or in a separate writing issued by Seller, Seller certifies that the product shipped to Buyer is in compliance with the manufacturer's specifications.
Except with respect to the documents specifically identified above, including Buyer's purchase order to the extent the terms thereof
are not inconsistent with the terms hereof and not inconsistent with such other specifically identified documents, the terms hereof constitute the entire agreement between the parties superseding all previous correspondence, writings and communications, whether oral or in writing with respect to the subject matter hereof.