Terms & Conditions
1. BUYER’S TERMS AND CONDITIONS.
Waldom Electronics Corporation ("Waldom") desires to provide its Buyers with prompt and efficient service. However, to negotiate individually the terms and conditions of each contract would substantially impair Waldom's ability to provide such service. Accordingly, Products furnished by Waldom are sold only on the terms and conditions stated herein. Notwithstanding any terms or conditions of Buyer's order, any sale by Waldom to Buyer is expressly made conditional on Buyer's agreement to Waldom's Terms and Conditions. Any conflicting, additional or different statements or terms listed on the Buyer's purchase orders, invoices, confirmations or other Buyer generated documents, whether heretofore or hereafter submitted, are of no effect.
2. DELIVERY.
Title to all Products shall pass to Buyer upon delivery to Buyer's carrier, or common carrier. Waldom shall not be liable for delays in delivery or for failure to perform due to any causes, including, without limitation, acts of God, acts or omissions of Buyer or civil or military authorities, fires, strikes, epidemics, quarantine restriction, flood, earthquakes, riot, war, delays in transportation or inability to obtain necessary labor, materials or supplies. In the event of any delay, the contractual date of delivery, if any, shall be extended for a period equal to the time lost as a consequence of such delay without penalty to Waldom. Waldom shall be entitled to refuse or to delay shipments for failure by Buyer to pay promptly any payments due Waldom, whether on this or any other contract between Waldom and Buyer. Waldom shall have the right to deliver all Products covered hereby at one time or in portions.
3. ACCEPTANCE AND CANCELLATION OF ORDERS.
All orders are subject to acceptance in writing by Waldom. Any written acknowledgement or receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by Waldom may be cancelled by Buyer only upon written agreement of Waldom. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which Waldom may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by Waldom, and shall be paid by Buyer to Waldom. Buyer requests to reschedule are subject to acceptance by Waldom in its sole discretion. Orders may not be cancelled or rescheduled after the order has been submitted by Waldom to the shipment carrier. Waldom reserves the right to allocate sales and limit quantities of selected products among its Buyers in its sole discretion. Product specifications and availability are subject to change without prior notice.
4. RETURNS.
Buyer must notify Waldom within thirty (30) days from date of shipment of any defective product. (See Waldom's Limited Warranty for further information). All claims for shortages must be made to Waldom within seventy-two (72) hours of receipt by Buyer. All returns must be in original packaging and condition and condition of delivery, without their numbers or any part thereof altered, defaced or removed.
5. PRICES AND TAXES.
Orders are billed at the prices in effect at the time of shipment. 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, and document fees. In the event Waldom receives notification from the manufacturer after an order has been accepted but prior to shipment that the price of the Product has increased, Waldom shall be entitled to increase the price of the Product commensurate with such increase, and the Buyer shall either accept such price increase or terminate the order.
