TRC Electronics' Ordering Terms and Conditions
TRC Electronics is a Business to Business Stocking Distributor serving Electronic Manufacturers.
*Terms are subject to change without notice.
1. TERMS AND CONDITIONS APPLICABLE
The terms and conditions set forth herein will apply to all sales of goods ("Products") by TRC Electronics, Inc. ("TRC") to any purchaser (the "Buyer"). TRCís acceptance of any order for Products (each, an "Order") is expressly made conditional upon assent to the terms and conditions set forth herein. TRC does not accept and hereby expressly rejects all terms and conditions contained in any document issued by Buyer which purport to pertain to the Products and/or the relationship between TRC and Buyer, which terms and conditions are in addition to or inconsistent with the terms and conditions set forth herein, and such terms and conditions will not become part of any Order.
2. PLACING AN ORDER
TRC accepts orders from customers located in North America only. (When placing an order, please include your name, company name, bill to and ship to address, and contact information.) Orders can be placed:
- By Fax: 215-367-5431
- By Phone: 215-367-5124
- By Email: email@example.com
- Order forms are unnecessary, but are here for your convenience so that you may fax: Order Form
- On-Line Ordering.
All orders are subject to acceptance in writing by TRC at its office in Montgomeryville, PA.
3. PRICING AND PAYMENT TERMS
- Corporate purchase orders
(Net 30 Day Terms payable by check or ACH. Subject to TRC credit approval). TRC's Credit Application must be completed and faxed or emailed to TRC.)
- Master Card
- American Express
- Electronic Wire Transfer (bank fees will apply for wire transfers)
All stated prices are exclusive of taxes. Buyer will pay any taxes, fees and duties or other amounts, however designated (other than taxes on TRCís net income or gross receipts), levied or based upon the Products and/or any Order.
Amounts past due are subject to a service charge of the lower of 1-1/2% per month or the maximum rate permitted by law. If TRC deems that, by reason of the financial condition of the Buyer or otherwise, the extension of credit to the Buyer is not justified, TRC may require full or partial payment in advance. For larger orders a down payment may be required. Buyer will pay or reimburse TRC for all legal and other fees associated with the collection of delinquent accounts.
4. DELIVERY AND TITLE
- All orders are shipped FOB Montgomeryville, PA unless otherwise specified by TRC.
- Our standard method of shipment is UPS Ground Uninsured.
- Other methods of shipment can be specified by Buyer at time of order.
- TRC will aim to initiate shipment and deliver the order as close as possible to Buyer's requested delivery date(s).
- Buyer acknowledges that shipment and delivery dates provided by TRC are estimates only and that TRC will not be liable for failure to meet such dates. Without limiting the generality of the foregoing, TRC will not be liable for delays in or failure of delivery of Products due to acts of God, acts of Buyer or of third parties (including without limitation, TRCís suppliers, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, terrorist acts, delays in transportation or other causes beyond TRCís reasonable control.
- Delivery of order to a carrier will constitute delivery to Buyer. Risk of loss or damage to the products will pass to Buyer at this point.
5. ORDER CANCELLATION AND RESCHEDULING
- Order cancellations or reschedule requests must be made at least 60 days prior to the scheduled shipment date.
- All cancellations and reschedules are subject to final approval by TRC.
- If reschedule is approved by TRC, only one reschedule per line item will be permitted.
- All TRC approved cancellations are subject to quantity adjusted price bill back.
- Cancellation charges on standard product are a minimum of 25%.
- All special order, built to order, non standard, and modified products ordered are non-cancelable.
- Special order items include those items that were not already on order with factory or in TRC's stock. Special order items are those that are ordered specifically for Buyer's order.
- All orders to end-users are non-cancelable and non-returnable.
- Re-Stocking charges on standard product are a minimum of 25% or $25.00, whichever is greater.
- All special order, built to order, non standard, and modified products ordered are non-returnable.
- Returns are only accepted if within 30 days of sale.
- Products must be in new and unused condition. In addition, Products must be in original individual cartons.
- International orders are non-returnable.
- Returns for repairs or replacements are not accepted without a TRC issued RMA number. (RMA Form for Repair)
- Returns for credit or exchange are subject to Restocking charges and approval by TRC. Contact sales by Telephone: 215-367-5124 to obtain an RMA number for return or exchange of product.
- To the extent possible, TRC will extend to Buyer the applicable Manufacturerís warranty on all Products.
- Warranty period varies by product.
- Products found to be defective within the applicable warranty period can be returned for Manufacturer's Warranty Repair.
- TRC requires the buyer to complete the RMA Request form and submit to TRC for TRC authorized RMA #. (RMA Form for Repair)
- Returns for warranty repair are only accepted with a TRC issued RMA#.
- BUYER ACKNOWLEDGES AND AGREES THAT TRC IS NOT THE MANUFACTURER OF THE PRODUCTS AND, AS SUCH, DOES NOT MAKE ANY - AND HEREBY DISCLAIMS ANY AND ALL - WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- Further, Buyer acknowledges that TRC has no control over, and is not responsible for, the manner in which the Products will be used or otherwise dealt with by the Buyer. The Buyer therefore agrees to assume all responsibility for, and will indemnify, defend and hold TRC harmless from and against, any and all losses, liabilities, actions, claims, demands and expenses (including without limitation attorneysí fees and court costs) arising out of or in any way connected with the installation, maintenance, use or operation of the Products, or the design, construction or composition of any item incorporating the Products.
8. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES
- IN NO EVENT WILL TRC HAVE ANY LIABILITY TO BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS, COST, EXPENSE, LIABILITY OR DAMAGE, WHETHER DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING OUT OF ANY ORDER OR THE SUPPLY OR USE OF ANY PRODUCT.
- IN NO EVENT WILL TRCíS LIABILITY WITH RESPECT TO ANY ORDER OR THE SUPPLY OR USE OF ANY PRODUCT EXCEED THE AMOUNT ACTUALLY PAID BY THE BUYER WITH RESPECT TO SUCH PRODUCT.
- These terms and conditions and the relationship between TRC and the Buyer will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any dispute arising out of or in connection with any Order, Product or the relationship of TRC and Buyer will be adjudicated exclusively in the state courts for Montgomery County, Pennsylvania or the federal courts for the Eastern District of Pennsylvania, and all parties consent to personal jurisdiction and venue therein.
- Buyer may not assign or delegate any of its rights or obligations under any Order without the prior written consent of TRC. Any attempted assignment or delegation in violation of this paragraph will be null and void.
- In case any one or more of these terms and conditions will for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof and these terms and condition will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.