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TERMS AND CONDITIONS OF SALE
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Pasternack Enterprises, Inc. ("Pasternack") to Pasternack's customers ("Customers").
1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by Pasternack in writing by a duly authorized agent of Pasternack; any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted and processed by Pasternack may not be cancelled by Customer except as covered by the Limited Warranty. Cable Assemblies and Non-Standard Products are also Non-Cancelable/Non-Refundable (“NC/NR”). Non-Standard Parts are defined as Products which are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which Pasternack may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses then incurred and commitments made by Pasternack, shall be paid by Customer to Pasternack. Customer requests to reschedule are subject to acceptance by Pasternack in its sole discretion. Orders may not be rescheduled after the order has been submitted by Pasternack to the shipment carrier.
2. PRICES
Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by Pasternack and will be applicable for the period specified in Pasternack's quote. If no period is specified, quoted prices will be applicable for thirty (30) days. The catalog reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. Prices are subject to change in the event of a change in Pasternack's costs or other circumstances beyond Pasternack's reasonable control. Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees and import duties.
3. TERMS OF PAYMENT
All payments must be in US Dollars, or will be converted to US Dollars using the available exchange rate at the time of purchase.
For All Orders
Customer agrees to pay the entire net amount of each invoice from Pasternack pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by Pasternack, which may in its sole discretion at any time change the terms of Customer's credit, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Customer's order before shipment of any or all of the Products. If Pasternack reasonably believes that the Customer's ability to make payments may be impaired or if Customer fails to pay any invoice when due, Pasternack may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as Pasternack may reasonably require for determination of credit terms and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by Pasternack against any obligation owing by Customer to Pasternack under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to Pasternack. The acceptance by Pasternack of such check will not constitute a waiver of Pasternack's right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, Pasternack may pursue any legal or equitable remedies, in which event Pasternack will be entitled to reimbursement for costs of collection and reasonable attorneys' fees. There is a $25.00 service charge on all returned checks.
4. SALES TAX
Only California residents need to remit 7.75% sales tax. Pasternack does not remit sales tax to states other than California . Any sales tax due that is not collected by Pasternack is the responsibility of the customer.
5. TOLERANCES
All coaxial cable assemblies displayed in the Pasternack catalog and website have a standard cable length tolerance of ± 1.0% of ¼ inches (0.25”), whichever is greater. Cable Assemblies in excess of this tolerance factor are eligible for repair and / or replacement under the terms of the Pasternack Limited Warranty.
6. DELIVERY AND TITLE
All shipments by Pasternack are F.O.B. point of shipment from Pasternack's facility and the amount of all transportation charges will be paid to Pasternack by the Customer in addition to the purchase price of the Products. Subject to Pasternack's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Pasternack will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Pasternack are estimates only and that Pasternack will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Pasternack unless specifically designated by Customer. Pasternack reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity which varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
7. PASTERNACK'S LIMITED WARRANTY
All products are covered by a LIMITED WARRANTY for a period of ninety (90) days from the date of shipment when purchased from Pasternack Enterprises, Inc. Customer must notify Pasternack within 90 days from date of shipment of any defective product. An approved Return Materials Authorization (RMA) number must first be obtained from Pasternack prior to the return of any merchandise to Pasternack for inspection under warranty. Shipping charges for all materials returned under this Limited Warranty are to be prepaid by the Customer. This warranty is limited to the original purchaser. Pasternack's liability arising out of any sale of products to Customer is expressly limited to either (1) Credit for the purchase price paid by Customer for such products (without interest), or (2) Repair and/or replacement of such products, found to be defective after inspection by Pasternack, and such remedies shall be exclusive and in lieu of all others. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Further, no warranty will apply if the Product has been subject to misuse, neglect, accident or modification, or has been soldered or altered in any way.
All returns must be shipped to:
Pasternack Enterprises, Inc.
1851 Kettering Street
Irvine , CA 92614-5417 USA
8. LIMITATION OF LIABILITIES
In no event shall Pasternack be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Pasternack for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD PASTERNACK HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by Pasternack and incorporated into the customer's product.
9. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Pasternack shall have no responsibility or liability for the content or use of such statements or advice.
10. EXPORT CONTROL
Pasternack Enterprises, Inc. is committed to compliance with all U.S. Export Regulations and Laws. Pasternack will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC) .
11. GENERAL
The Terms and Conditions may not be modified or cancelled without Pasternack's written agreement. Accordingly goods furnished and services rendered by Pasternack are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of California and the applicable laws of the United States .
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