Terms and conditions of purchase orders- Domestic
DSEC TERMS AND CONDITIONS of SALE
Your purchase from Defense Suppliers Electronic Components (“DSEC”) is governed by the terms and conditions as set forth below. By submitting an order for products or services, you indicate your acceptance of and agreement to be bound by the terms and conditions set forth below.
These terms and conditions may be changed by DSEC at any time in the future. It is your responsibility as a purchaser to periodically review the terms and conditions for amendments. The amendments shall take effect immediately upon posting on the site without further notice to you.
ORDER ACCEPTANCE POLICY
Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. DSEC reserves the right at any time after receipt of your order to accept or decline your order.
MAKING PURCHASES
If you wish to license or make purchases of product or services, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to DSEC will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases. If You fail to pay for the products or services within Net 30 as set forth on DSEC’s invoice, then You agree to be responsible for interest at the legal rate as established by Florida law and any and all costs and attorney’s fees incurred by DSEC in seeking to recover all of the monies owed to it by You.
TERMS AND CONDITIONS OF SALE AND RETURN
DSEC considers all sales to be non-cancelable, non-returnable, and non-refundable, and not to be rescheduled. The only exceptions may be if you, as the customer, report to DSEC in writing, within 5 business days, but no more than 7 calendar days of receiving product, that the goods received (a) are not the parts you ordered on your purchase order, or (b) do not conform to the manufacturer’s specifications set forth in your purchase order (failure and test report required). For returns that DSEC authorizes with a Return Merchandise Authorization (RMA) in writing, DSEC either will issue an in-house credit for a future purchase, replace the parts, or refund you for the cost of goods purchased, reflected on our invoice, at our sole discretion. DSEC considers an order to be complete at the time it ships from our premises. DSEC may charge a 50% restocking fee for all parts returned. Said warranty is the only warranty issued by DSEC unless otherwise specified in writing. For AS6081 requirements, DSEC warrants product to be reliable and free from known defects and will replace defective parts or refund original cost of product for a period of one (1) year.
DISCLAIMER AND LIMITATION OF LIABILITY
BEYOND OUR CERTIFICATION OF COMPLIANCE, ANY PRODUCT OR SERVICE LICENSED OR PURCHASED FROM DSEC IS PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND NOT BY DSEC. YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE DSEC RETURN POLICY, DSEC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES (“SERVICE PROVIDERS”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PURCHASE FROM DSEC. DSEC WILL NOT BE LIABLE FOR ANY LACK OF AVAILABILITY OF PRODUCTS YOU MAY ORDER.
If the foregoing limitation is held to be unenforceable, the maximum liability of DSEC and its service providers to you shall not exceed the amount of fees paid by you and for the products you have purchased from DSEC. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to this agreement.
NO AGENCY
You and DSEC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by your purchase.
APPLICATION OF FLORIDA LAW
If this purchase transaction involves only United States-based companies, then it shall be governed in all respects by the laws of the State of Florida. Both United States-based companies and DSEC submit to jurisdiction in Florida, and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in the City of Tampa, Florida.
MANDATORY MEDIATION
If a dispute arises out of or relates to this contract or breach thereof and if said dispute cannot be settled through negotiation, the parties agree first to try, in good faith, to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. Said mediation shall last a minimum of four hours and the parties agree to share equally in the cost of the mediator.
INTERNATIONAL ARBITRATION
If You are a company with its principal place of business outside of the United States, then any dispute, controversy or claim arising out of or relating to this contract, including the validity, invalidity, breach or termination thereof that cannot be resolved by mediation within 30 days, shall be finally resolved by binding arbitration pursuant to the New York Treaty of the United Nations administered by the American Arbitration Association (AAA), and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction pursuant to the New York Treaty. The arbitration shall be conducted in English in the City of Tampa, Florida, United States of America in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules, and the parties shall share equally in the cost of the arbitrator.
MISCELLANEOUS
You agree that You will reimburse DSEC for any cost associated with enforcement of DSEC’s rights under this agreement including but not limited to, collection costs, and court and attorney fees.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein, superseding all previous agreements, and cannot be modified except in a written agreement signed by both parties. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
74-02-16TCS REV-3/30/16
