Terms and Conditions

(Applies to all purchases – by internet, telephone or in person)

 

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.  THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

 

These terms and conditions (“Agreement”) apply to your order of items sold by Core Data Comm.  By ordering the items, you accept and are bound to the terms and conditions of this Agreement.  If you do not wish to be bound by this Agreement, you must notify Core Data Comm and cancel your order pursuant to Core Data Comm’s cancellation policy as specified herein.  THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH CORE DATA COMM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER CORE DATA TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

 

Other Documents:  This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Core Data Comm.

 

Pricing: Prices published by Core Data Comm are for estimation purposes only, are subject to change without notice and do not constitute quotations or an offer to sell.  Quotations expire thirty (30) days after the date of the quote unless otherwise specified in writing by Core Data Comm.  Quotations are subject to cancellation at any time prior to acceptance of your purchase order. Core Data Comm is not responsible for pricing, typographical, or other errors in pricing by Core Data Comm and reserves the right to cancel any orders resulting from such errors.

 

Items will be invoiced at prices in effect at time of order acceptance, provided the requested delivery date for ordered items is within sixty (60) days of such acceptance.  Prices for material with requested ship date beyond sixty (60) days shall be negotiated at the time of order acceptance.  Unless you provide Core Data Comm with a valid and correct tax exemption certificate applicable to your purchase and the ship-to location, you are responsible for sales and other taxes associated with the order.  Prices do not include freight, federal, state or local taxes.

 

Payment Terms:  Payment terms vary by customer.  Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice.  Core Data Comm may invoice parts of an order separately.  We reserve the right to impose a late charge on all invoices not paid in accordance with their terms at the rate of 2% per month or the legal maximum allowed in your state.  Core Data Comm reserves the right to withhold shipment to customers with past due balances.

 

Acceptance of Orders: Core Data Comm reserves the right to reject all orders.  Neither an order acknowledgement nor shipment of the items ordered shall constitute acceptance or confirmation of the terms contained on a customer’s purchase order. 

 

Credit Card Orders: Credit card orders are billed when your order ships.  We accept MasterCard, Visa, American Express, and Discover.  When placing a credit card order, please include your credit card number, expiration date, name, and phone number.

 

Freight Terms: F.O.B. warehouse of point of origin, freight prepaid and billed.  Core Data Comm will determine shipping method and routing unless otherwise specified in writing at time of order acceptance.

 

All shipments from Core Data Comm to points with in the Continental United States will be shipped via surface carrier prepaid.  Actual freight charges will be billed to you.  Freight charges will not be made on customer pickups that are F.O.B. Core Data Comm.

 

All drop shipments from the product manufacturer directly to you by surface carrier will be shipped on a prepaid basis.  Actual freight charges will be billed or allowed according to the published freight policy of the manufacturer.

 

Actual freight charges incurred for premium surface shipment charges incurred at your request will be billed at cost.

 

On shipments made outside the Continental United States and Hawaii, freight charges will be administered under the above policies to the specified point of export.  From the export point, all freight costs will be charged collect, F.O.B. warehouse unless otherwise quoted.  All special export packaging costs and broker fees will be billed to you.  Export of certain products may be subject to government restrictions.

 

Delivery Information: Shipping dates indicated by Core Data Comm are estimates based on currently available lead times and inventory and are subject to change.  In all cases, we plan to ship on the indicated date.  If you are not prepared to accept shipment, you should notify us at least forty-eight (48) hours before the scheduled shipping date for stock items and five (5) working days before scheduled shipping date for drop ship items or special handling charges will be assessed.  Unless a specific later ship date is requested, all shipments will be made as soon as possible after the receipt of order.

 

All shipments are subject to and contingent upon timely receipt of orders and established credit lines.  We will not be liable for any failure to perform or delays in performance of our obligations due to acts of nature, unavailability of product from normal sources of supply, strikes and other labor difficulty, riot, war, or delay or default by a common carrier.

 

Claims: Items damaged in shipment should not be returned to Core Data Comm.  All damage and shortage claims should be made upon receipt of the material and filed directly with the carrier handling the shipment.  The carrier’s agent should always be requested to make a notation on the freight bill specifying the damage or shortage.  Core Data Comm will make every effort to assist in presenting these claims to the carrier.  However, collection of the claim is your responsibility.

 

Items shipped in error by the drop ship manufacturer or Core Data Comm can be returned when accompanied by an approved Customer Return Authorization, provided you submit claims for missing or incorrect merchandise within fifteen (15) working days of freight bill receipt date.

 

Cancellation of Orders: Orders that have been accepted by us are subject to a cancellation charge of 15% or such charges as required by the manufacturer on drop shipments if it is greater.  Cancellation or order changes must be made with our consent.  Changes in quantity or delivery dates may result in additional charges to you.

 

Returns Restocking: You must contact Core Data Comm directly before you attempt to return items in order to obtain an approved Customer Return Authorization (CRA) that must accompany all returns.  Unauthorized returns will not be accepted.  You are responsible for risk of loss, shipping and handling fees for returning or exchanging items.  Additional fees may apply.  If you fail to follow the return or exchange instructions and policies provided by Core Data Comm, Core Data Comm is not responsible for items that are lost, damaged, modified or otherwise processed for disposal or resale.  At Core Data Comm’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled pricing.  CORE DATA COMM DOES NOT ACCEPT RETURNS FOR PRECUT WIRE AND CABLES.  ALL PURCHASES ARE SUBJECT TO MANUFACTURER’S RESTOCKING POLICIES.

 

Any items returned at customer request are subject to a restocking charge.  Material returned for credit must be new, in warranty, and in the original shipping cartons.  Material not in new condition may result in additional charges or refusal to accept the material for credit.

 

Items returned due to a manufacturer or Core Data Comm shipping error will have credit issued against the original invoice for materials, freight and return freight.

 

All shipments should be made prepaid to our shipping warehouse at 2801 Diode Lane, Louisville, KY  40299.

 

Return authorizations are valid for thirty (30) days.  Credit for return will be issued after the material has been received and inspected by designated Core Data Comm representatives.

 

Returns to the Manufacturer: Core Data Comm will secure a return authorization from the manufacturer.  The return authorization will be sent to you containing return instructions and documents.  Material must be returned per such instructions.  Credit will be issued to you when we receive credit from the manufacturer.

 

Warranty: ANY WARRANTIES PROVIDED ARE EXCLUSIVELY THOSE OF THE MANUFACTURER, NOT CORE DATA COMM.  THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE WARRANTIES EXTENDED BY THE MANUFACTURER, OR WHICH APPREAR ON THE FACE HEREOF.  CORE DATA COMM MAKES NO EXPRESS WARRANTIES.  CORE DATA COMM MAY REQUEST CANCELLATION OF A MANUFACTURER’S WARRANTY IF CORE DATA COMM DOES NOT RECEIVE PAYMENT.  CORE DATA COMM SPECIFICALLY EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  CORE DATA COMM WILL, HOWEVER, ASSIST ALL PURCHASERS WITH ANY CLAIMS AGAINST WARRANTIES ISSUED BY THE MANUFACTURER, TO THE BEST OF ITS ABILITY.

 

Insurance:  Title to the material passes to you upon delivery to the origin carrier.  Risk of loss or damage during transit is your responsibility.  Your remedy against the carrier for loss during transit is limited to the carrier’s legal liability, if any, for transit losses.  If more coverage is desired, you should arrange for insurance through your own agents.

 

Seller’s Rights or Possession: Core Data Comm retains the right, at any time, for credit reasons or your default, to withhold shipments, to recall goods in transit, or retake and repossess all goods, which may be stored, all without the requirement of taking any other action.  You relinquish all merchandise so taken and it shall become the absolute property of Core Data Comm provided you are promptly notified of this action and given full credit for the merchandise as applicable.

 

Product Installation: As a customer of Core Data Comm, you assume total responsibility for the proper selection, installation, operation, and maintenance of the merchandise purchased.  CORE DATA COMM SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER (except as specifically set forth in the warranty statement above). 

 

Intellectual Property Rights: In addition to these terms, your rights in intellectual property, such as software and firmware provided with items purchased, shall be limited to the terms of the license provided by our manufacturer or supplier.  You agree that you will be bound by such license agreement.  Title to software remains with the applicable licensor(s).

 

Limitation of Liability:  CORE DATA COMM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ITEMS NOT BEING AVAILABLE FOR USE, LOST PROFITS OR FOR LOSS OF BUSINESS.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, CORE DATA COMM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF ITEMS, CORE DATA COMM IS NOT LIABLE OR REPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE ITEM.  NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IS SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

 

Jurisdictional Clause: PURCHASER AGREES THAT THIS SALE SHALL BE GOVERENED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF KENTUCKY, WITHOUT REGARD TO CONFLICTS OF LAW.  PURCHASER HEREBY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTON OF THE COURTS OF THE COMMONWEALTH OF KENTUCKY AND THE UNITED STATES DISTRICT COURTS LOCATED IN THE WESTERN DISTRICT OF KENTUCKY, AND WAIVES ANY OBJECTION TO LACK OF JURISDITION OVER THE PERSON AND / OR SUBJECT MATTER OF ANY ACTION ARISING UNDER THIS PURCHASE.