Cables on Demand ("ACD"), a division of Amphenol Corporation. The term "buyer", refers to the user and/or customer utilizing our website or catalog in order to purchase services or merchandise ("Product"). Buyer will be deemed to have agreed to these Terms and Conditions upon the issuance of a purchase order number and upon acceptance from ACD of said purchase order. All terms are binding unless otherwise agreed by an authorized agent at ACD's home office in Endicott, New York. Terms and Conditions contained in Buyer's purchase order or any other document that are different from, or in addition to, these Terms and Conditions, are objected to and will not be binding on ACD.
ACD will proceed to sell items only if Buyer assents to these Terms and Conditions. All agreements in place between Buyer and all other Amphenol divisions will not apply to Amphenol Cables on Demand.
ACD reserves the right to reject or cancel any order as deemed necessary.
PRICING AND SPECIFICATIONS: Despite our efforts to ensure that our published information is accurate, complete, and current, there may be instances when information about a Product may be inaccurate or incomplete, including data about the Product's price or availability. We make no warranty or guarantee that the information is error-free, complete, or current. We reserve the right to correct errors and/or update the content on our website / catalog at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
SHIPPING AND PROCESSING: All orders are shipped FOB our plant in Endicott, New York. The minimum shipping and processing charge for domestic ground shipments is $6.85. The minimum shipping and processing charge for Canadian ground shipments is $14.88. Orders shipped internationally are subject to a $12.00 processing fee. Unless ACD otherwise specifically agrees in writing, ACD reserves the right to over or under ship the quantities shown on the face of the order by 5% and adjust the price accordingly.
SALES TAXES: Sales tax will be added to all orders that are picked up or delivered. The confirmation of your order total will reflect the applicable tax charge. The only exception to this term will be if buyer provides an "Exempt Use Certificate" when establishing their account.
PAYMENT: All product and services will be billed to buyer's credit card at the time of the order process.
In the event that credit is extended, the product will be invoiced at time of shipment according to the following schedule:
- Unless otherwise specified herein, terms of payment are NET 10 days from the date of shipment of the products or performance of services. Where a discount is available, payment must be received within the specified timeframe to earn that discount.
- In the event Buyer has overdue invoices, ACD reserves the right to cancel any order without obligation or to delay delivery of goods until such time as delinquent invoices are paid in full with appropriate late payment charges.
- All sums owed hereunder shall be due and payable under the terms hereof. Buyer shall not offset said sums against other sums, whether liquidated or not, that are or may be due to Buyer, which arise out of a different transaction with ACD, its parent company, or its divisions, subsidiaries, or affiliates.
- Nothing herein shall waive any other rights and remedies of ACD permitted by law or equity and all rights and remedies set forth herein shall be considered cumulative to all other available rights and remedies.
INSOLVENCY: ACD may cancel the whole or any part of an order in the event of: the suspension of Buyer's business, insolvency of Buyer, the institution by Buyer or others of bankruptcy, reorganization, arrangement of liquidation proceedings involving or affecting Buyer, or any assignment for the benefit of creditors of Buyer or receivership that Buyer places itself in or may be placed in. Such cancellation shall be deemed a cancellation for default of Buyer.
SHORTAGES: Claims for shortages must be reported within 3 business days of receiving the order, otherwise these orders will be deemed as complete.
- ACD warrants that each new product sold hereunder will conform to ACD's specifications or drawings, or will conform to specifications agreed upon in writing by both parties. ACD's sole obligation and liability under this warranty is limited to the repair or replacement at its factory, at ACD's option, of any product which proves to be non-compliant with specifications within a year after the date of delivery to the first end user, which delivery must be made within six (6) months after delivery to Buyer, and such product is confirmed to be non-compliant by ACD's inspection.
Buyer shall inspect and accept any products delivered immediately after Buyer takes custody of such products. In the event the products do not meet the specifications or drawings, Buyer shall notify ACD in writing of such non-compliance and give ACD a reasonable opportunity to correct the non-compliance. ACD shall not be obligated or liable under this warranty for apparent defects or defects which examination discloses are due to tampering, misuse, neglect, improper storage or handling, normal wear, and all cases where the products are disassembled by other than authorized ACD representatives. In addition, ACD shall not be obligated or liable under this warranty unless written notice of non-compliance shall be given to ACD within thirty (30) days from the date such defects are first discovered.
Products for warranty consideration shall be returned to ACD with all transportation charges prepaid in shipping containers that are adequate to prevent loss or damage in shipment.
Products returned to ACD for repair under this warranty remain the property of Buyer and, unless agreed to by ACD, Buyer will not debit ACD for the product value. No Products can be returned without a Return Material Authorization (RMA) number which must be obtained from ACD prior to shipping.
Cables on Demand provide a limited lifetime guarantee against defects and labor on all Ultra Premium Audio Video Cables. We will not, however, be responsible for any incidental damages caused to any equipment. Physical damages to the cable not caused by normal wear and tear will not be warranted. Defective product will be repaired, replaced or credit issued for the original sales value.
All returns must comply with the other requirements in this warranty section.
- ACD DISCLAIMS ANY LIABILITY, WHETHER UNDER THIS WARRANTY OR OTHERWISE, FOR, AND BUYER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS ACD, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ALL EXPENSE, LOSS, ATTORNEYS' FEES, COST, DAMAGES, AND LIABILITY ARISING FROM ANY FAILURE OF ITS PRODUCTS WHICH IS CAUSED BY, IN WHOLE OR IN PART, THE USE IN OR WITH PRODUCTS OR COMPONENT PARTS NOT MANUFACTURED BY ACD, OR BY AN ALLEGED DEFECT RELATED TO DESIGN, LABELING, OR MANUFACTURING SPECIFICATIONS SUPPLIED BY BUYER.
- THE TERMS OF THE APPLICABLE WARRANTY OR WARRANTIES, AS THE CASE MAY BE, AS SET FORTH ABOVE, ARE THE SOLE AND EXCLUSIVE WARRANTY TERMS THAT SHALL HAVE ANY FORCE AND EFFECT IN THIS TRANSACTION, AND SUCH TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREWITH EXPRESSLY EXCLUDED.
- ACD'S LIABILITY FOR ALL CLAIMS, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, RELATING TO THE PRODUCTS SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE PRODUCT. IN NO EVENT WILL ACD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, AND CLAIMS OF THEIR PARTIES), HOWEVER CAUSED, WHETHER BY THE NEGLIGENCE OF ACD OR OTHERWISE.
- BUYERS ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT ALL PRODUCTS PURCHASED UNDER THIS AGREEMENT ARE INSTALLED AND USED IN ACCORDANCE WITH ALL APPLICABLE CODES AND REGULATIONS.
TOLERANCES AND VARIATIONS: All goods being sold to Buyer will be produced in accordance with ACD's standard practices.
RETURNS: Customers wishing to return products must first obtain a Return Material Authorization (RMA) number from an ACD Call Center Representative. This number must be printed on the outside of the package in order for it to be received and processed. Merchandise must be shipped prepaid. ACD will determine if credit will be issued upon evaluation of the product and packaging after it is returned to ACD. Other details concerning returns are as follows:
STOCK ITEM RETURNS: Items ordered in error must have a Return Material Authorization (RMA) number issued within 30 days of the original order. These parts are eligible for credit only if the returned products and packaging are clean, unused, and in a fully resalable condition.
A restocking charge of 15% of the sale price may be charged. Under no circumstances will credit be issued after 30 days from date of invoice. All freight charges are the responsibility of the customer.
DEFECTIVE ITEM RETURNS: All defective items must have a Return Material Authorization (RMA) number.
CUSTOM PRODUCT AND TOOL RETURNS: RMAs will only be issued for Custom Products and tools that are found to be defective.
NOTICES: Any notice to ACD required or permitted hereunder will be deemed to have been effectively delivered if in writing and served by personal delivery to ACD or sent by registered or certified mail with return receipt requested, postage prepaid, to ACD 20 Valley Street Endicott, New York 13760.
CONFIDENTIALITY: Buyer agrees that all information furnished by or obtained from ACD in connection with the sale of items hereunder will be confidential, and Buyer agrees not to (i) disclose any such information to any other person, or (ii) use such information for any purpose other than performing this contract.
TRADEMARKS: All trademarks referenced in this catalog are the service mark, trademark, or trademark of the respective manufacturer.
CALL MONITORING: To ensure quality of service, ACD may monitor incoming and outgoing telephone calls with customers.
PATENT, TRADEMARK AND COPYRIGHT INDEMNITY: ACD shall indemnify Buyer, Buyer's customer, and any end user from any and all damages and costs finally awarded for infringement of any existing patent, trademark, or copyright in any suit by reason of the sale of any products sold to Buyer hereunder where ACD is an infringer with respect to its sale hereunder, provided that ACD is promptly notified in writing of any such suit and Buyer offers ACD full and exclusive control of the defense of such suit when products of ACD only are involved therein and the right to participate in the defense of such suit when products other than those of ACD are also involved, and Buyer fully cooperates with ACD in such defense. This indemnity shall not, however, extend to infringement or claims thereof resulting from ACD's compliance with Buyer's designs, processes, formulas, or approvals, use of the products in a manner to have them become infringing or use of the products alone or in combination with other equipment where the use is the subject of the claim. ACD's liability for damages hereunder is limited to those computed solely on the value of any product sold to Buyer hereunder. In no event shall ACD be liable for special, incidental, or consequential damages or costs applicable thereto. The above indemnity is in lieu of any other indemnity or warranty, express or implied, with respect to patents, trademarks, or copyrights and shall in no event exceed the price paid by Buyer for such products.
GOVERNING LAWS: The laws of the State of New York shall in all respects govern Buyer's purchase of products. All disputes will be heard in Binghamton, NY.
SEVERABILITY: If any provision of this document is in violation of any governmental statute or regulations, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions.