Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions apply to all purchases made from Serial Cables, LLC, a Colorado limited liability company. In these Terms and Conditions, Serial Cables, LLC will be referred to as “Serial Cables” and the individual or entity purchasing from Serial Cables will be referred to as “Buyer.”
1. Contract. Any order from Serial Cables must be in writing and, if accepted, is subject to these Terms and Conditions. Except as set forth herein, no terms or conditions suggested by Buyer and no representations, warranties, guarantees, or other statements other than those contained in a written quotation from Serial Cables or in these Terms and Conditions will be binding on Serial Cables.
2. Payment. Unless set forth in writing on any purchase order accepted by Serial Cables or on any quote from Serial Cables, Payment terms are Net 30. Payment may be made by Visa, MasterCard, AMEX, and Discover.
3. Tax. Serial Cables assesses and collects sales tax only for orders shipped to Colorado. All other taxes are the responsibility of Buyer. Tax-exempt Buyers must submit current tax-exemption forms.
4. Shipping. All duties, freight, and other fees are the responsibility of Buyer. All products will be delivered Ex Works the manufacturer’s facility, with the exception of products manufactured by Quarch, which will be delivered FOB Scotland. All duties and/or taxes are to be paid by the purchaser.
5. Warranty. Serial Cables warrants only that the products will meet the specifications set forth in its quote. Serial Cables’ products carry a manufacturer’s warranty against manufacturer defect in materials and workmanship. For details on the warranties applicable to specific products, please contact Serial Cables or the manufacturer. Serial Cables will assist Buyer with the manufacturer’s warranty process, but the warranty terms and exclusions are the responsibility of the specific manufacturer. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND EXCEPT FOR ANY EXPRESS WARRANTIES STATED HEREIN, SERIAL CABLES EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, CONDITION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Technical Information. Any technical information or assistance Serial Cables provides, including suggested formulations and recommendations, is given and accepted at Buyer’s risk and is not a warranty or a specification. Buyer agrees that Buyer is responsible to test all products, technical assistance, and information to determine their suitability for Buyer’s intended uses and applications.
7. Returns and Cancellation. Orders for custom products cannot be cancelled, and custom products cannot be returned. Orders for non-custom products can be cancelled and non-custom products can be returned within 30 days of purchase. Upon cancellation or receipt of the returned products (as applicable), Serial Cables will refund the purchase price paid, minus a 25% fee.
8. Pricing. Prices on www.serialcables.com supersede all other prices previously published. Prices and specifications are subject to change without notice. Prices set forth on a quote for a particular Buyer are valid for that Buyer for the time period set forth on the quote.
9. Intellectual Property. All company and product names are trademarks of their respective companies. By purchasing any product, Buyer does not obtain any intellectual property right owned by Serial Cables or manufacturer, other than the right to use the purchased product itself. Buyer waives any and all claims of ownership to any such intellectual property rights and waives any claim to challenge the validity of such intellectual property rights.
10. Indemnity; Limitation of Liability. Buyer agrees to indemnify, defend, and hold harmless Serial Cables and its owners, managers, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorney fees) arising from Buyer’s use of the purchased products or Buyer’s breach of these Terms and Conditions. EXCEPT AS EXPRESSLY STATED HEREIN, IN NO EVENT WILL SERIAL CABLES BE LIABLE TO BUYER FOR EITHER A) MONETARY DAMAGES IN EXCESS OF THE AMOUNT BUYER PAID TO SERIAL CABLES FOR THE PURCHASED PRODUCTS OR B) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS), WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION THAT RESULTS FROM THESE TERMS AND CONDITIONS OR BUYER’S USE OF THE PURCHASED PRODUCTS.
11. Choice of law; Personal Jurisdiction; Venue; Attorney Fees. These Terms and Conditions are governed by the laws of the state of Colorado. For any disputes between Buyer and Serial Cables related to or arising from these Terms and Conditions or Buyer’s use of the purchased products, Buyer agrees to be subject to personal jurisdiction in Colorado and that venue will be exclusively in courts in Arapahoe County, Colorado. If any action is brought related to or arising out of these Terms and Conditions, the prevailing party in such action will be entitled to recover its attorney fees and costs incurred in conjunction therewith.
12. Severability. If any provision of these Terms and Conditions or the application of these Terms and Conditions is construed or held to be void, invalid, or unenforceable by the order, decree, or judgment of a court of competent jurisdiction, then the provision so held will be deemed amended to the least extent necessary to be valid and enforceable, and the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect.
13. Waiver. Any term or condition of these Terms and Conditions may be waived by Serial Cables at any time, but no such waiver will be effective unless set forth in a written instrument signed by an authorized representative of Serial Cables and waiving such term or condition. No waiver of any term or condition of these Terms and Conditions will be deemed to be, or construed as, a waiver of the same or of any other term or condition of these Terms and Conditions on any future occasion.
14. Force Majeure. Force majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform that diminish, delay, or prevent production, shipment, or acceptance of the products, or make it an unreasonable proposition, will relieve the party from its obligation to supply or take delivery, as the case may be, as long as and to the extent that the hindrance prevails. If any such hindrance lasts more than eight weeks, either party will have the right to cancel the order. If Serial Cables’ manufacturers fail to supply it, in whole or in part, Serial Cables will not be under obligation to purchase from other sources but will have the right to distribute the available quantities among its customers.
15. Entire Agreement. These Terms and Conditions (together with any quote that has been accepted by Buyer) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between Buyer and Serial Cables.
