Terms and Conditions of Sales
- PLEASE READ THIS AGREEMENT CAREFULLY: It contains the
Terms and Conditions of sale that apply to the purchase of products
from Alpha Electronics. ("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.
- 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
New York State, unless Customer has a valid sales tax exemption
certificate on file with the Company.
- 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. Selected products containing
precious metals are subject to a surcharge. A late payment charge of
1 1/2% 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.
- 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.
- 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.
- 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.
- 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.
- SHIPPING & HANDLING/DELIVERY: All listed shipping
costs are for mainland USA only. Email us for additional shipping
charges and custom checkout link for Canada, Mexico, APO/FPO etc. A ll 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.
- HOW TO RETURN MERCHANDISE TO ALPHA ELECTRONICS:
- New unopened items may be returned within 7 days of
purchase at Alpha Electronics discretion and will be in the form
of store credit and is subject to 30% restocking fee. Open items will not be accepted for return. Call or e-mail the Customer Service Department and request
an RA (Return Authorization) number, which will be valid for 30
days.
- Place the original package inside another shipping carton,
along with a copy of your invoice and a brief explanation of why
the original merchandise is being returned. Do not mark on the
original container or use as a shipping carton.
- Print the RA number legibly on the outside of the outer
shipping carton in bold, visible letters.
Send the package to:
Alpha Electronics
Attn: Returns Department
905 Deans Mill Road
Ravena, New York 12143
Note: Certain products classified as "ORM-D"
require special packaging and shipping procedures. If you are
unsure of how to handle these items, please contact your freight
carrier for information.
Important Notes
- Freight collect or COD returns cannot be accepted.
- Parts received by Alpha Electronics without an RA number and
copy of the invoice may be returned to you COD for freight
charges incurred or held for processing until it has been
determined that the return was made for justifiable reasons.
- A 25% restocking charge will be imposed on parts and a 35%
restocking charge will be imposed on test equipment returned due
to customer error. All parts must be returned unopened/unused
with all accessories enclosed in the original packaging.
- To receive a credit or refund, parts must be returned within
30 days. Incorrect orders must be reported within 30 days.
- A 90-day warranty (30 days for computer products) is
available for product replacements unless otherwise stated in
the catalog. If you are returning merchandise to the Pick-Up
area, you will be required to present your invoice. We are
unable to give cash refunds, but you may be issued a check
through the mail in 7~10 days.
- When returning merchandise, please place the original
package inside of a shipping carton. Do not use the original
container as a shipping carton.
- 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.
- 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.
- 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.
- 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.
- 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.
- GOVERNING LAW: This Agreement and any sales hereunder
shall be governed by the laws of the State of New York without
regard to conflicts of laws rules and venue shall be in the federal
and state courts of Erie County, State of New York, 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.
- 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 Buffalo
New York, 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 New York,
U.S.A.
- 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.
- 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.
- 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.
"WE
TAKE PRIDE IN SERVING YOU WITH EXCELLENCE" |