General Unless otherwise agreed in writing by Cablesys, all sales and charges for the goods and/or services described herein shall be subject to the terms and conditions set forth herein which shall be the sole and exclusive terms and conditions applicable to any such sales. Cablesys will not be bound by any terms and conditions proposed by Buyer in its purchase order or otherwise, which are additional to or different from the terms and conditions set forth hereto.
All Sales Final This privacy statement discloses the privacy practices for cablesys.com. This web site has agreed to notify you of:
- All orders for the sale of goods cannot be returned to Cablesys without Cablesys’ written consent.
- All custom item(s) are non-cancellable and non-refundable. Custom item(s) will be specifically manufactured for Buyer.
- All prices for goods are exclusive of any federal, state, or local sales, use, excise, transaction or other taxes.
- Unless otherwise agreed in writing, all prices for goods are to be F.O.B. Cablesys’ premises.
- Any additional charges, including but not limited to insurance and freight charges, relating to the transportation of said goods, which Cablesys does not herein specifically agree to pay shall be the sole responsibility of Buyer.
- The prices quoted are based on costs of labor and material on the date of quotation. If variations occur on cost of labor and material before Cablesys acceptance of purchase order from Buyer, Cablesys shall be entitled to revise the prices quoted to provide for such variation.
Terms of Payment - Payment by Buyer shall be due in full within thirty (30) days of the date of invoice, if credit has been approved by Cablesys. Cablesys reserves the right to halt shipment of products, in whole or in part, in the event of any delinquency in payment for any prior order of shipment.
- Late payments: Acceptance by Cablesys of any partial or late payment or Cablesys’ failure to object to any default shall not constitute a waiver of any default then existing or thereafter occurring.
Delivery and Transportation All deliveries to Buyer shall be F.O.B. Cablesys premises. Unless otherwise specified in writing prior to shipment, Cablesys shall have sole control and discretion with respect to mode of transportation, routing, or any other matters relating to the transportation of said goods.
Risk of Loss Risk of loss or damage to said goods shall pass to Buyer at the time Cablesys puts the goods in the possession of the carrier. 7. FORCE MAJEURE: Cablesys shall not be liable for any delay or failure in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Cablesys if such delay or failure is directly or indirectly caused by any act of God, fire, flood, explosion; governmental interference, embargoes, strikes, labor disputes; shortage of labor, fuel, material, supplies or transportation; or any circumstances beyond Cablesys’ control.
Limited Warranty - Cablesys warrants that all goods manufactured by Cablesys will, at the time of delivery, conform in all material respects to Cablesys published specifications, if applicable. Cablesys further warrants that its goods will, under normal and anticipated use, and when used in the specified operating environment, be free from material operating defects.
- Cablesys’ warranties shall not apply to any goods, or parts thereof, which have been subjected to any misuse, neglect, or accidental damage, or which contain defects that are in any way attributable to improper installation, alteration or repairs made or performed by any person or entity not under the control of Cablesys.
- Further, Cablesys’ warranties shall not apply to any goods or parts hereof which are obtained from manufacturers other than Cablesys and resold by Cablesys.
- CABLESYS’ SOLE AND EXCLUSIVE OBLIGATION AND LIABILITIES UNDER THESE WARRANTIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY GOODS OR PARTS THEREOF WHICH ARE PROVED BY BUYER TO BE OTHER THAN AS WARRANTED. CABLESYS SHALL HAVE THE SOLE DISCRETION AS TO WHICH OF THESE REMEDIES IT SHALL PROVIDE.
- CABLESYS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST OR ANTICIPATED PROFITS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER CABLESYS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- CABLESYS’ WARRANTIES, OBLIGATIONS, AND LIABILITES AND BUYER’S REMEDIES ARE LIMITED TO THE PRECISE TERMS OF THIS AGREEMENT. CABLESYS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.
Intellectual Property Rights - Cablesys shall retain all ownership rights in any intellectual property, including but not limited to, product designs, specifications, and drawings, associated with the products developed for Buyer. In the case where Buyer pays for the tooling of the product, Buyer shall own the tooling, but ownership to all related intellectual property shall be retained by Cablesys.
- Subject to Cablesys’ prior written approval, Cablesys shall grant to Buyer a non exclusive, nontransferable license to use or distribute any trademarks, copyrights, or other intellectual property, including but not limited to insignias, logos, photos, design specifications, or drawings, in connection with Buyer’s sales, advertisements, and promotions of said products.
- Cablesys reserves the right to prevent or limit Buyer’s use or distribution of said intellectual property, as it deems appropriate.
ATTORNEY'S FEES Buyer shall pay all costs, expenses, and disbursements, including reasonable attorneys’ fees, incurred by Cablesys in collecting any sum that may be due and owing to Cablesys from Buyer, or in the enforcement of any other terms or provisions in this agreement.
NOTICE All notices and other communications required or anticipated under this agreement shall be in writing.
APPLICABLE LAW The rights of Buyer and Cablesys and the terms and conditions contained in this agreement shall be governed and construed in accordance with the laws of the State of California. If any provision of this agreement is deemed invalid or unenforceable, the remaining provisions shall not be affected thereby.