PCD Global
Terms and Conditions of Sale
These are the terms and
conditions upon which PCD Global (“PCD") make all sales. PCD will not
accept any other terms and conditions of sale, unless Buyer and PCD have
executed a master contract which specifically supersedes and replaces these
terms and conditions. Acceptance of all purchase orders is expressly made
conditional upon Buyer's assent, expressed or implied, to the terms and
conditions set forth herein without modification or addition.
1. ACCEPTANCE
Buyer's acceptance of these
terms and conditions shall be indicated by any of the following, whichever
first occurs: (a) Buyer's making of an offer to purchase Product from PCD; (b)
Buyer's written acknowledgment hereof; (c) Buyer's acceptance of any shipment
of any part of the items specified for delivery (the "Products"); or
(d) any other act or expression of acceptance by Buyer. PCD's acceptance is
expressly limited to the terms and conditions hereof in their entirety without
addition, modification or exception, and any term, condition or proposals
hereafter submitted by Buyer (whether oral or in writing) which is inconsistent
with or in addition to the terms and conditions set forth hereon is objected to
and is hereby rejected by PCD. PCD's silence or failure to respond to any such
subsequent or different term, condition or proposal shall not be deemed to be
PCD's acceptance or approval thereof.
2. DELIVERY
Unless otherwise agreed in
writing, delivery shall be made in accordance with PCD's shipping policy in
effect on the date of shipment. For all domestic transactions, unless otherwise
stated on the front of the invoice, title to, and all risk of loss or damage
with respect to the Products shall pass to Buyer upon delivery by PCD to the
carrier or Buyer's representative at PCD's warehouse. For all international
transactions, the Product shall be sold on a delivered, insurance paid, duty
and international freight unpaid basis. PCD assumes no responsibility for
charges attendant to Customs clearance in the country of delivery, customs
duty, VAT or any other charges or taxes within the country designated for
delivery by the Buyer. Title and risk of loss shall pass to the Buyer upon
delivery to the port designated by the Buyer and prior to Customs clearance.
New dealers MUST furnish a resale certificate or be billed tax until the
certificate is received. Shipments may not be released until this document is
received. Delivery is subject to the payment provisions set forth herein and
to PCD's receipt from Buyer of all necessary information and documentation from
Buyer including all import certificates, exemption and/or resale certificates,
licenses and other documents as may be required from Buyer for export of the
Product. Buyer shall promptly notify PCD, in no event later than five (5)
business days after delivery, of any claimed shortages or rejection as to any
delivery. Such notice shall be in writing and shall be reasonably detailed,
stating the grounds for any such rejection. Failure to give any such notice
within such time shall be deemed an acceptance in full of any such delivery.
PCD shall not be liable for any shipment delays beyond the reasonable control
of PCD which affect PCD or any of PCD's suppliers, including, but not limited
to, delays caused by unavailability or shortages of Products from PCD's
suppliers; natural disasters, acts of war; acts or omissions of Buyer; fire,
strike, riot, or governmental interference; unavailability or shortage of
materials, labor, fuel or power through normal commercial channels at customary
and reasonable rate s; failure or destruction of plant or equipment arising
from any cause whatsoever; or transport failures.
3. PRICE AND PAYMENT
PCD offers an assortment of
payment options and credit support, including COD, Net Terms, Electronic Funds
Transfer, Prepay, Visa / MasterCard / American Express. Buyer shall bear all
applicable federal, state, municipal and other government taxes (such as sales,
use and similar taxes), as well as import or customs duties, license fees and
similar charges, however designated or levied on the sale of the Products (or
the delivery thereof) or measured by the purchase price paid for the Products.
(PCD's prices set forth on the front side of the invoice do not include such
taxes, fees and charges.) Exemption certificates must be presented prior to
shipment if they are to be honored. Unless otherwise specified, payment terms
are COD. PCD, at its discretion, may require reasonable advance assurances of
payment through irrevocable bank letters of credit or otherwise. All unpaid
invoices shall bear interest at an amount equal to 1.5% of the outstanding
balance per month (or the maximum rate of interest allowed to be contracted for
by law, whichever is less), commencing upon the date payment is due. Buyer's
failure to make timely payment may result in such action as commencement of
proceedings for collection, revocation of credit, stoppage of shipment, delay
or cessation of future deliveries, repossession of unpaid delivered goods and
termination of any one or more sales agreements. Notwithstanding any
"net" payment provisions specified on the invoice, PCD shall have no
continuing obligation to deliver Products on credit, and any credit approval
may be withdrawn by PCD at any time and without prior notice. PCD retains (and
Buyer grants to PCD by submitting a purchase order) a security interest in the
Products to secure payment in full and compliance with all sales agreements,
and Buyer agrees to execute any additional documents necessary to perfect such
security interest. In the event the sales invoice shall be placed by PCD in the
hands of an attorney for the purpose of collection, with or without litigation,
or for the purpose of enforcing PCD's security interest in the Products, the
Buyer agrees to pay any and all costs associated with such placement,
including, without limitation, attorney's fees and costs incurred prior to,
during, or subsequent to trial, and including, without limitation, collection,
bankruptcy, or other creditor's rights proceedings. If a sale is to occur, or
the Product is to be shipped, outside of the United States, Buyer acknowledges
and agrees that the amount due PCD is in U.S. Dollars.
4. PRODUCT RETURNS
Return of Products purchased
hereunder, whether for stock balancing purposes or because such Products are
claimed to be defective, shall be governed by PCD's Product Return policies.
PCD reserves the right to modify or eliminate such policies at any time.
Although PCD's policies may permit Buyer to return Products claimed to be
defective under certain circumstances, PCD makes no representations or
warranties of any kind with respect to the Products. PCD HEREBY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. PCD WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS,
COST OR EXPENSE FOR BREACH OF WARRANTY. The right to return defective Products,
as previously described, shall constitute PCD's sole liability and Buyer's
exclusive remedy in connection with any claim of any kind relating to the
quality, condition or performance of any Product, whether such claim is based
upon principles of contract, warranty, negligence or other tort, breach of any
statutory duty, principles of indemnity or contribution, the failure of any
limited or exclusive remedy to achieve its essential purpose, or otherwise. In
the event PCD issues a return authorization to Buyer allowing Buyer to return
Product to PCD, Buyer will deliver the Product to PCD's address in Richardson,
Texas, USA, if so required by PCD, and Buyer shall bear all applicable federal,
state, municipal and other government taxes (such as sales, use and similar
taxes) as well as import or customs duties, license fees and similar charges,
however designated or levied, on any replacement Product to be shipped by PCD
to Buyer.
5. RETURN POLICY
All exchanges and returns
require a Return Merchandise Authorization (RMA) number. Exchanges and credits
cannot be processed without an RMA.
- DOA/defective products are
returned for REPLACEMENT ONLY with the same product/model.
- All returned items must
include, where applicable, the original serial number and/or MAC address.
- Returns must include all
hardware, cables, software and manuals that were included in the original
shipment, in the manufacturers box.
- Any item returned without
the original packaging will either be refused or subject to a refurbishing
charge.
- Physically damaged items
cannot be returned for credit or exchange.
- Shipping and handling fees
are not refundable.
An RMA must be requested
within 30 days of the original invoice date. Thereafter, all sales are final.
The returned package must be
received within 10 business days of the RMA issue date. Any products returned
after the expiration date will be refused.
To request an
RMA, please contact us at (214) 432-0306 or send your request
via email to sales@pcdglobal.com.
After Receiving Your Return
Merchandise Authorization (RMA) Number, Write your RMA number legibly on the
return label. Return the entire package to:
PCD Global
Attn: Returns Center (RMA Number: ________)
5304 Estate Lane
Plano,
TX 75094
Upon receipt of authorized
returns meeting the above requirements, credit will be issued within two
business days. All refunds for credit will be issued to the credit card
account that appears on the original invoice. Please note that your financial
institution may take up to 10 additional days from the date we issue the credit
to post it to your actual account. Questions regarding this should be directed
to your financial institution. When returning an item paid for by check or
money order, a refund check will be mailed to you within 10 business days from
the time we receive your return.
Returns must be shipped
freight prepaid. Products received freight collect, without an RMA number, not
approved for return, or in any way not meeting the above criteria, will not be
accepted for credit.
ANY DEVIATION FROM RETURN
POLICIES WILL RESULT IN THE PRODUCT BEING RETURNED WITH NO CREDIT ISSUED AND /
OR A 25% RETURNS PROCESSING SERVICE CHARGE.
6. LIMITATION OF LIABILITY
PCD shall not be liable under
any circumstances for any special, consequential, incidental, PUNITIVE or
exemplary damages arising out of or in any way connected with the agreement to
sell Product to Buyer or the Product, including, but not limited to, damages
for lost profits, loss of use, lost data or for any damages or sums paid by
Buyer to third parties, even if PCD has been advised of possibility of such
damages. The foregoing limitation of liability shall apply whether any claim is
based upon principles of contract, warranty, negligence or other tort, breach
of any statutory duty, principles of indemnity or contribution, the failure of
any limited or exclusive remedy to achieve its essential purpose, or otherwise.
7. GENERAL
These terms and conditions
shall constitute the final, complete and exclusive agreement of the parties
with respect to all sales by PCD to Buyer and shall supersede all prior offers,
negotiations, understandings and agreements. Unless Buyer and PCD have executed
a master contract which specifically supersedes and replaces the terms and
conditions herein, it is expressly agreed that no prior or contemporaneous
agreement or understanding, whether written or oral, shall contradict, modify,
supplement or explain the terms and conditions contained herein. No additional
or different terms or conditions, whether material or immaterial, shall become
a part of any sales agreement unless expressly accepted in writing by an
authorized officer of PCD in the United States. Any waiver by PCD of one or
more of these terms and conditions or any defaults hereunder shall not
constitute a waiver of the remaining terms and conditions or of any future
defaults hereunder. No failure or delay by either party in exercising or
enforcing any right hereunder shall operate as a waiver thereof or preclude any
other exercise or enforcement of rights hereunder. Any provision of these terms
and conditions that is prohibited or unenforceable under the laws of the State
of Florida shall be ineffective to the extent of such prohibition or
unenforceability, without impairing or invalidating the remaining provisions of
these terms and conditions. All sales agreements shall be deemed made in, and
shall be governed by, the laws of the State of Texas. The venue for any
disputes arising out of any sales agreement shall be, at PCD's sole and exclusive
option, Collin County, Texas or the courts with proper jurisdiction at Buyer's
location. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED
NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF
OTHERWISE APPLICABLE.
