Manufactured by GeneralCommunications Cloud Services
Terms and Conditions
Terms and Conditions Generalcommunications.com Corp.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.
By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
Quantities Are Limited.
Prices, descriptions, features, technical specs and Item# Are Subject To Change Without Notice.
Store Prices May Vary From Catalog Prices.
Distributors will be able to purchase distributor stock at discounted pricing according to terms. Distributors may also be able to purchase any amount of stock at computer pricing. Stock levels and availability are subject to change. Real time stock status is available through the Registered User link at. All orders from Distributor customers regardless of pricing are non-cancelable/non-returnable.
Export Control/Use of Products
Delivery and Title
Pictures: are graphic representations to help visualize how the final product may look like, and NOT necessarily represents the final product. Since these units are custom made, internal and external distribution of components may vary. Pictures are provided to help visualize the final product, but the final product may vary. We will work with your technical department to provide cutting edge technology with the latest technical components. Size Weight information are representations to help visualize how the final product may look like, and NOT necessarily represents the final product. if you nee a specific size please request verification.
Quantity Pricing Is Subject To Freight Considerations.
We Are Not Responsible For Typographical Errors or omissions.
Buyer understand and agree that, this order is non-cancelable/non-returnable in accordance with standard terms and conditions for GeneralCommunications distributor customers. GeneralCommunications.com Reserves the Right to Limit / Deny Returns. Sales Tax.
Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, customer shall: Mail or eMail tax exemption certificate.
We Are Not Responsible For Typographical Errors or Omissions.
EXECUTIVE ORDER 13,224. You represent and warrant to Bongo that neither you nor any person acting on your behalf is a person or entity described by Section 1 of the Executive Order No. 13,224 – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can be reviewed at 66 Fed reg. 34,777 (June 29, 2001).
RMA RETURNS & CLAIMS:Returns must be expressly authorized by us and are subject to a restocking fee More information (submitting a false claim violates federal and state criminal fraud laws and may result in serious criminal penalties.
Billing/Shipping Information for International: The only payment method accepted for international orders is wire transfer. Please make sure you reference your order # when making your wire. Freight Lines Sites Shipping options.
Security We employ encryption technology to protect you from unauthorized use of the information you are sending to our server.
Our & Privacy Guarantee Your Privacy We will not rent or sell your name, address, email address, credit card information or personal information to any third party without your permission. However, we must cooperate fully should a situation arise where we are required by law or legal process to provide information about a customer. We would like to be easy to do business with, so we ask your understanding of our business rules. Our best effort will be promptly and courteously extended to provide for your needs in return.
All specifications subject to change without notice, Installations must me made by licensed technicians.
Our Company is not responsible for any typographical errors. We are not responsible or liable for errors in installations. We offer industry-standard installations recommendations guide lines; proper installation is the responsibility of the installers.
The installer assumes full responsibility for the proper application and safe installation of the units in accordance with these instructions, the National Electric Code, and all other state and local codes and practices. Our Company accepts no responsibility for damages to property nor injury to personnel for the improper use of this product nor its failure under any circumstances. Our Company warranty is limited to the replacement of the defective unit only if the failure is the result of a manufacturing defect.
All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller's written consent. All orders must include delivery dates, quantities and complete description of Products being purchased. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products as non-cancelable, non-returnable ("NCNR") or customer specific ("CS") Products and the sale of such Products shall be subject to the special terms and conditions contained in Seller's Special Product Agreement, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere
(a) The prices of the Products are those specified on the front of Seller's invoice. Pricing for undelivered Product may be increased in the event of any increase in Seller's cost, change in market conditions or any other causes beyond Seller's reasonable control. Price quotations, unless otherwise stated, shall automatically expire thirty (30) calendar days from the date issued and may be cancelled or amended within that period upon notice to Buyer. (b) Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including, but not limited to, federal, state, provincial and local sales, excise, value added, goods and services taxes and any other taxes. Buyer agrees to pay these taxes unless Buyer has provided Seller with an exemption resale certificate in the appropriate form for the jurisdiction of Buyer's place of business and any jurisdiction to which Products are to be directly shipped hereunder, or unless the sale is otherwise exempt from these taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller's invoice
(a) Full payment is due promptly upon placing an order on this website. For all other orders, upon approval of credit, corporate standard terms of payment are net thirty (30) days from the date of invoice unless otherwise specified in writing by Seller. In addition, Buyer will be deemed to have accepted an invoice upon the fifteenth (15th) day from the date of invoice and no further objections to the invoice will be permitted or accepted. If Seller otherwise specifies in writing payment terms longer than thirty (30) days from the date of invoice, then: (i) the invoice will be deemed accepted upon the thirty (30th) day from the date of invoice and no further objections will be permitted or accepted; and (ii) Buyer must certify within thirty (30) days from the date of invoice that payment has been submitted for processing. Seller may invoice each shipment separately and each shipment shall be considered a separate and individual contract. Buyer agrees to pay such invoice pursuant to its terms without the benefit of setoff or deduction.
(b) All late payments shall be charged interest computed on a daily basis from the due date until paid in full. A late charge of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, will be imposed on all past due accounts. Buyer shall be liable for costs of collection, including reasonable attorneys' fees and court costs, in any action to collect past due amounts.
(c) Transportation charges from Seller's facility to Buyer's facility shall be paid by Buyer to Seller, in addition to the purchase price of the Product, unless otherwise agreed to in writing by Seller. Seller will select the carrier in the absence of specific instructions by Buyer.
(d) Seller reserves the right to establish and/or change credit and payment terms extended to Buyer when, in Seller's sole opinion, Buyer's financial condition or previous payment record warrants such action. Further, on delinquent accounts, Seller shall not be obligated to continue performance under any agreement with Buyer.
(e) If Seller believes in good faith that Buyer's ability to make payments may be impaired or if Buyer shall fail to pay any invoice when due, Seller may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Buyer shall remain liable to pay for any Products already shipped and all NCNR and CS Products ordered by Buyer.
(f) Seller retains a purchase money security interest in the Products delivered to Buyer, and in their accessories, replacements, accessions, proceeds and Products, including accounts receivable (collectively, the "Collateral") to secure payment of all amounts due under this Agreement. Buyer's failure to pay all amounts hereunder in full when and as due shall constitute a default hereof and shall give Seller all rights of a secured party. If Buyer fails to pay any amount when due, Seller shall have the right to repossess and remove all or any part of the Collateral from Buyer, but not from Buyer's Customers. Any repossession or removal shall be without prejudice to any other remedy of Seller hereunder, at law or in equity. Buyer agrees, from time to time, to take any act and execute and deliver any document (including, without limitation, financing statements) reasonably requested by Seller to transfer, create, perfect, preserve, protect and enforce this security interest.
(g) Any payment received from Buyer may be applied by Seller against any obligation owing from Buyer to Seller, regardless of any statement appearing on or referring to such payment, without discharging Buyer's liability for any additional amounts owing from Buyer to Seller, and the acceptance by Seller of such payment shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance.
4. Delivery and Title
All deliveries will be made EXW (Ex Works as defined in Incoterms 2000) Seller's facility or FOB place of origin. Subject to Seller's right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Buyer and title and risk of loss shall thereupon pass to Buyer. Selection of the carrier and delivery route shall be made by Seller unless specified by Buyer. Buyer acknowledges that delivery dates provided by Seller are estimates only and Seller shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Seller nor shall the carrier be deemed an agent of Seller. In the event of delay caused by such event, the date of delivery shall be extended for a period equal to the time lost as a consequence of the delay in delivery without subjecting Seller to any liability or penalty. If the Products perished while in the custody of the carrier, the Seller shall be deemed to have performed its obligations in full. Delivery of a quantity, which varies from the quantity specified, shall not relieve Buyer of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Buyer to cancel other installments.
5. RMA Acceptance/Return
Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer unless rejected upon receipt. Buyer shall perform whatever inspection or tests Buyer deems necessary as promptly as possible but in no event later than three (3) days after delivery, after which time Buyer will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within three (3) working days of receipt of the Products. In the event of an over shipment, Buyer shall have the option to return the Products to Seller at Seller's expense or alternatively, Buyer may elect to retain the Products (subject to adjustment of the invoice or the issuance of another invoice to account for such additional items.) Any Product returns shall be subject to compliance with Seller's Return Merchandise Authorization ("RMA") policies and procedures as well as a restocking charge equivalent to 50% of the value of such Product as specified in Seller's invoice to Buyer. Returned Products must be in the original packaging and conform to minimum package quantity ("MPQ") requirements. Products not eligible for return shall be returned to Buyer freight collect. RMA Procedure GeneralCommunications.com Reserves the Right to Limit / Deny Returns.
6. Warranty Limited Warranty and Limitation of Liability
(a) Seller will transfer to Buyer any transferable warranties or indemnities that the manufacturer of the Product or the third party vendor/service provider provides to Seller. If such warranty is not transferable to Buyer, then SELLER shall warrant the Product or service in the same manner and to the same extent as if the original manufacturer warranty had been transferable to Buyer. SELLER SHALL HAVE NO LIABILITY TOWARDS BUYER BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS BUYER'S OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES.
(b) Seller's exclusive obligations with respect to a non-conforming Product or Service shall be, at Seller's option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund to Buyer the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of Seller under this Section 6(b) for all claims shall not exceed the sum of Buyer's payments for the Products or Services which are the subject of the dispute and the foregoing is Buyer's sole and exclusive remedy for all claims under this Section 6(b). THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
(c) Replacement Products shall be warranted as set forth in Section 6(a) above. Any Products repaired or serviced by Seller shall be warranted as provided in this Section 6(b) for the remainder of the manufacturer's warranty period.
(d) No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards relating to acceptable input power. (e) Seller disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a result of the sale of Products to Buyer. The only remedy or recourse for trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, shall be against the manufacturer of the Products which is explicitly subject to the limited warranty of the manufacturer of the Product. There shall be no remedy or recourse against Seller or the manufacturer to the extent the infringement arises from or is otherwise based upon (i) the manufacturer's compliance with the particular requirements of Buyer that differ from the manufacturer's standard specifications for the Product; (ii) modifications or alterations of the product other than by the manufacturer; or (iii) a combination of the Product with other items not furnished or manufactured by the manufacturer.
(f) BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH BUYER'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, BUYER AGREES THAT SELLER'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.
(g) Buyer acknowledges that this Agreement was entered into at arms length and that it was not fraudulently induced to enter into this Agreement, in whole or any part, and Buyer explicitly disclaims and waives any claim with respect thereto. Limitation of Liability UNDER NO CIRCUMSTANCES WILL GeneralCommunications.com OR ITS AFFILIATES OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF We OR OUR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. Neither GeneralCommunications.com nor its affiliates or suppliers will be held liable or responsible for any damage or loss to any items or products connected to, powered by or otherwise attached to the Product. The total cumulative liability to Customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the Product paid by Customer. This warranty gives the Customer specific legal rights and the Customer may also have other legal rights that vary from state to state.
7. Intellectual Property If any Product includes software or other intellectual property, such software or other intellectual property is provided by Seller to Buyer subject to the copyright and user license, if any, for such Products, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Buyer acknowledges and understands that Seller is not the manufacturer of any Products ordered or to be supplied to Buyer and is not liable to Buyer or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Product.
8. Export Control/Use of Products
Buyer certifies that it will be the recipient of Products to be delivered by Seller. Buyer acknowledges that the Products are subject to the export and/or import control laws and regulations of various countries including the Export Administration Laws and Regulations of the United States. Buyer agrees to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required and acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Products sold by Seller cannot be transferred, sold or re-exported to any party on the Entity List or Restricted Person List of the U.S. Department of Commerce, Bureau of Export Administration (BXA), any party designated by the U.S. Treasury Department's Office of Foreign Assets Control, and any party debarred or sanctioned for proliferation or terrorism reasons by the U.S. State Department. Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer's sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
9. Technical Assistance or Advice Any technical assistance or advice offered by Seller in regard to the use of any Product or provided in connection with Buyer's purchases is given free of charge and only as an accommodation to Buyer. Seller shall have no obligation to provide any technical assistance or advice to Buyer and if any such assistance or advice is provided, such fact will not obligate Seller to provide any further or additional assistance or advice. Seller shall not be held liable for the content or Buyer's use of such technical assistance or advice nor shall any statement made by any of Seller's representatives in connection with the Products or Services constitute a representation or warranty, express or implied. Installations must me made by licensed technicians. GeneralCommunications.com is not responsible for any typographical errors. Neither GeneralCommunications.com nor GeneralCommunications.com, corp. is not responsible or liable for errors in installations. We offer industry-standard installations recommendations guide lines; proper installation is the responsibility of the installers.
10. Limitation Period Subject to any of the limitations expressed in the applicable manufacturer's warranty, no action by Buyer may be brought at any time for any reason against Seller or the manufacturer more than twelve (12) months after the facts occurred upon which the cause of action arose.
11. Dispute Resolution
(a) Except for situations governed by Section 12, the parties agree that any and all disputes, claims, or controversies arising out of or related to the validity, interpretation or performance of this Agreement for all Products delivered outside of Canada, and all Services performed outside of Canada, shall be resolved pursuant to this Section 11 and that the validity, interpretation and performance of this Agreement for all Products delivered, and all Services performed hereto, shall be governed by, and construed in accordance with, the internal law of Massachusetts, without giving effect to conflict of laws principles. Both parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to any claimed breach, shall be commenced in a state or federal court located in the Commonwealth of Massachusetts, and both parties expressly acknowledge that personal jurisdiction and venue shall lie exclusively and is properly in Massachusetts. Both parties further agree that any action, demand, claim or counterclaim relating to the validity, interpretation and performance of this Agreement, or any other matter between the parties, shall be resolved by a judge alone in Massachusetts, and both parties hereby waive and forever renounce the right to a trial before a civil jury.
(b) For all disputes to which this Section 11 applies and the amount, in the aggregate, of the obligations arising out of this agreement equals or exceeds $250,000, the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to conflict of laws principles, and the Federal Rules of Civil Procedure to any dispute.
(c) With respect to all disputes, the provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (as amended, replaced or codified from time to time) shall not apply.
12. Dispute Resolution
The validity, interpretation and performance of this Agreement for all Products delivered to or in Canada, and all Services performed in Canada, shall be governed by, and construed in accordance with the laws of Quebec, without giving effect to conflict of laws principles. Both parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to any claimed breach, shall be commenced in a court of competent jurisdiction in the judicial district of Montreal, Quebec, and both parties expressly acknowledge that personal jurisdiction and venue shall lie exclusively and is properly in Montreal, Quebec. With respect to all disputes, the provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (as amended, replaced or codified from time to time) shall not apply.
13. Force Majeure
Force Majeure: Seller shall not be liable for its inability to secure sufficient quantities of any Product or failure to deliver due to causes beyond Seller's reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller's time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to Buyer.
No course of dealing or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of that term, right or condition nor shall Seller's acceptance of a purchase order be deemed as an acceptance of any terms and conditions therein. 15. Entire Agreement This Agreement (together with any agreements, policies or terms incorporated by reference) shall constitute the complete, final and exclusive statement of the terms of the Agreement between the parties with respect to the subject matter of this Agreement and the transactions between the parties and shall not be modified or rescinded, except by a writing signed by Seller and Buyer. The provisions of this Agreement supersede all prior oral and written quotations, communications, agreements, and understandings of the parties with respect to the subject matter of this Agreement. Products furnished and services rendered by Seller are done so only in accordance with these terms and conditions. If any provision of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. No rights, duties, agreements or obligations hereunder may be assigned or transferred by Buyer, by operation of law, merger or otherwise, without the prior written consent of Seller. Any attempted or purported assignment shall be void. Seller's obligations under these terms and conditions may be performed by divisions, subsidiaries or affiliates of Seller. The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective successors and assigns. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction.
17. Personal Data and Privacy
FREIGHT & OTHER CHARGES
Freight charges are prepaid by us and added to your invoice plus a small service/handling charge. Unless you indicate a preference, we will ship "best way". Sales taxes will be charged as required by law.
All shipments are F.O.B. origin, and title to the goods and risk of loss passes from us to you upon placement of goods with the carrier. Shipments may be insured at your request and cost. Orders placed before 1PM local time are normally shipped the same business day. Same day shipment of urgent orders may be arranged before 1PM local time. Partial shipments are made only on specific request.
CREDIT & PAYMENT TERMS
Prepayment or COD is generally required for new or non-rated accounts. CIA or CWO orders are allowed. Credit terms are given to rated accounts, net 30 being standard. Available credit line amounts are determined only by our credit department and depend upon credit history, trade references and other business information we may require, depending on the amount of credit requested. We may accept checks, American Express, Visa or MasterCard depending on account history. Prepayment is required for specifically ordered (custom) goods. Late payment history or persistent late payments may result in the account being placed with a collection service, immediate restriction to cash terms and reasonable cost of collection being added to amounts due. Invoices are rendered for all shipments. Unless otherwise requested, statements are sent every month to aid in customers' reconciliation of the amounts due.
We is not responsible for any typographical errors. Neither GeneralCommunications.com nor GeneralCommunications.com, corp. is not responsible or liable for errors in installations. We offer industry-standard installation guide lines; proper installation is the responsibility of the installers. Installations must me made by licensed technicians.
RMA RETURNS & CLAIMS
Returns must be expressly authorized by us and are subject to a restocking fee More information click Here -->>
By placing an order with us you have agreed to these terms and conditions regarding that order and any subsequent orders, and no modifications or other terms are binding on us without our prior written approval. Florida law applies You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
Non-Personal Identification Information
We collect non-personal identification information through the use of:
"Cookie" technology: A "cookie" is an element of data that a web site can send to your browser, which may then store it on your system.
"IP address tracking": An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.
"Web beacons": A Web beacon, or "clear gif", is a small graphic image on a webpage or web-based document that a web site can use to determine information about a user.
Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our site-such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our sites and about the links you may select from within our site to other areas of the World Wide Web or elsewhere online.
We use such information to administer the site and, in the aggregate, to understand how our users as a group use the services and resources provided on our sites. This way we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites.
We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Sites. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you.
Some of our advertisers may display ads on our sites which solicit or contain technology to collect information about our users for the advertisers, but we will not permit such advertisers to collect any personal information from our users within our sites.
The Sites are P3P enabled. P3P is a standardized set of multiple-choice questions which cover the major aspects of a Web site's privacy policies and which, taken together, present a clear snapshot of how a site handles users' personal information. P3P-enabled Web sites make this information available in a standard, machine-readable format that P3P enabled browsers can "read" automatically and compare to the user's own set of privacy preferences. For example, Internet Explorer 6 requires third parties that set cookies to deliver P3P compact cookie policies with their cookies. IE6's default setting will test whether a cookie collects personal information and allows an opt-out. IE6 users may change their privacy level to a higher or lower level than the default setting. P3P was developed by the World Wide Web Consortium (W3C), a worldwide web standards setting organization.
Credit Card statement will reflect your purchase at www.GeneralCommunications.com www.GeneralCommunications.com a DBA GeneralCommunications.com Corp. Company
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that www.GeneralCommunications.com is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Partners Dealers Distributors Terms and conditions
Creating the Partner Link
Once you have completed the online application you will be presented with a set of guidelines and graphical artwork to use in linking to the www.GeneralCommunications.com website. To permit accurate tracking, reporting, and affiliate referral fee accrual, we will provide you with a special link format which includes your Referrer ID number to be used in all links between your site and our www.GeneralCommunications.com website. You must ensure that each of the links between your site and our site properly utilizes the exact link format and Referrer ID in order to obtain credit for any sales resulting from customers coming to the www.GeneralCommunications.com website from your link. The www.GeneralCommunications.com Affiliate Referral program will capture the Affiliate's Referrer ID and the linking websites URL. The URL must match a registered URL in the Affiliates www.GeneralCommunications.com Affiliate Referral registration in order to be eligible for credit for purchases made by shoppers entering the www.GeneralCommunications.com web site from the Affiliate's www.GeneralCommunications.com Affiliate Referral link. You will only earn referral fees with sales on our site occurring directly through your www.GeneralCommunications.com Affiliate Referral link. www.GeneralCommunications.com will not be liable to you with respect to any failure by you to correctly configure the www.GeneralCommunications.com Affiliate Referral link, by any failure resulting from issues of internet connectivity, shopper behavior, web site or application failure on your server or our server or any other such action which may result in your affiliate referral not being credited for a sale including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.
www.GeneralCommunications.com will process all qualified orders placed by customers who follow www.GeneralCommunications.com affiliate links from your site to www.GeneralCommunications.com. We reserve the right to reject orders that do not comply with any requirements that www.GeneralCommunications.com may from time to time establish. www.GeneralCommunications.com assumes responsibility for all aspects of order processing and fulfillment. www.GeneralCommunications.com will prepare and maintain all order forms; process payments, cancellations; and handle customer service. www.GeneralCommunications.com will track sales made to customers who purchase products using www.GeneralCommunications.com affiliate links from your site to our site and will make available to you reports summarizing this sales activity. Report forms, content, and frequency of the reports may vary from time to time at our discretion.
www.GeneralCommunications.com will pay approved affiliate referral partners (in accordance with Sections 5 and 6 below) referral fees on designated Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must follow a www.GeneralCommunications.com Affiliate Link from your site to our site, select and purchase the Product during that shopping session, accept delivery of the Product, and remit full payment to us. We will not, however, pay referral fees on any Products that are purchased by a customer after the customer has re-entered our site via a means other than the www.GeneralCommunications.com Affiliate Link, even if the customer previously followed a link from your site to our site. You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using www.GeneralCommunications.com Affiliate Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use www.GeneralCommunications.com Affiliate Links on your site to access our site); or (b) post any www.GeneralCommunications.com Affiliate Links on any Web site or other platform that is accessible through any Internet Access Appliance. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, or posted www.GeneralCommunications.com Affiliate Links on any such Web site or platform, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
Referral Fee Schedule You will earn referral fees based on qualifying revenues according to referral fee schedules to be established by us. "qualifying revenues" are revenues derived by us from our sales of qualifying products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt.
The current referral fee schedule is 4%. Others % are available to Dealers and Distribuitors
Payment of Referral Commissions
www.GeneralCommunications.com will review all Affiliate Referral accounts approximately once a quarter. All accounts with affiliate referral fees totaling $25.00 or more will be paid. Payment will be by check for the referral fees earned on our sales of Qualifying Products that were purchased during that month, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any monthly period are less than $25.00, we will hold those referral fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated. If a Product that generated a referral fee is returned by the customer, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the referral fee.
Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of www.GeneralCommunications.com , Incorporated Accordingly, all www.GeneralCommunications.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Identifying Yourself as a www.GeneralCommunications.com Affiliate Referrer
We will make available to you a small graphic image that identifies your site as a Program participant. You must display this logo or the phrase www.GeneralCommunications.com E-Commerce Partner" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that www.GeneralCommunications.com supports, sponsors, endorses or contributes money to any charity or other cause).
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a www.GeneralCommunications.com Affiliate Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: The technical operation of your site and all related equipment Creating and posting Product descriptions on your site and linking those descriptions to our catalog The accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials) Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal Liability
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all www.GeneralCommunications.com and GeneralCommunications.com, Corp. trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Referral Program. You are only eligible to earn referral fees on our sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Referral Program or any products sold through the Affiliate Referral Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Miramar, Florida and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Changes to our Policy
In the event that any statement made in a translated version of GeneralCommunications.com.com.com's website conflicts with any statement made in the English version of GeneralCommunications.com.com.com.com website, the statement made in the English version will prevail. If you have any questions, or would like further clarification, please contact our Customer Service department