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Terms & Conditions

Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy govern Power & Telephone Supply Company's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term "Power & Telephone Supply Company" or "Power & Telephone Supply" or "Power & Telephone" or "Power & Tel" or "P&T" or "us" or "we" refers to the owner of the website whose registered office is 200 Keough Drive Piperton, TN 38017 United States. The term "you" or "your" refers to the user or viewer of our website.

The use of this website is subject to the following Terms of Use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Shelby County, Tennessee.

Terms & Conditions of Sale

EXCLUSIVE TERMS

ACCEPTANCE OF BIDS, QUOTES, OFFERS, PURCHASE ORDERS, COST ESTIMATES, AND COUNTEROFFERS FOR PRODUCTS, SERVICES, OR MATERIAL (“PRODUCTS”) IS CONDITIONAL ON THE PERSON, FIRM, OR COMPANY ORDERING PRODUCTS’ (“BUYER”) ASSENT TO THESE TERMS AND CONDITIONS OF SALE (“TERMS”). Seller will not be bound by any different or additional terms or conditions proposed or submitted by Buyer, regardless of form, unless expressly and specifically agreed to by Seller in writing. No conduct on the part of Seller, including but not limited to, (i) acceptance of a purchase order without expressly rejecting any Buyer terms or conditions reflected therein; (ii) delivery of Product; or (iii) acceptance of payment for Product, will constitute acceptance by Seller of such different or additional terms or conditions. 

GENERAL

Purchases are subject to current credit approval and to these Terms. Prices quoted are valid for 14 days or until stated expiration date on quote. Changes in the quantity, payment terms, shipping destination or special handling that differs from quote may result in price adjustments. All Products quoted as stock are subject to changes in availability without notice. Unless otherwise agreed by Seller in writing, payment of invoices is due within 30 days of the invoice date. Seller retains a security interest in all Product until the invoice is paid in full. Good faith dispute of invoice must be made in accordance with current procedures within 15 days of invoice date, regardless of payment terms binding sale of Products. Invoices must be disputed per line charge; all non-disputed charges are due and payable per payment terms. Invoices not paid when due are subject to finance charges computed up to the rate allowed by applicable law on the unpaid balance from due date until paid. Return of Products requires prior written authorization by Seller and not all Products are returnable.  Cancellation and/or restocking fees may be imposed by Seller or the Product manufacturer. From time to time, Seller may designate certain Products as non-cancelable, non-returnable, non-reschedulable (“NCNR”).  All NCNR Products are subject to the following restrictions: (i) purchase orders accepted by Seller for NCNR Products cannot be canceled for any reason; (ii) NCNR Products cannot be returned for any reason other than a manufacturing defect or nonconformity subject to the terms of any manufacturer warranty applicable to the NCNR Products; and (iii) the shipment date requested by Buyer for the NCNR Products cannot be rescheduled by Buyer. All shipping and performance dates are approximate. All Products are deemed accepted unless Buyer notifies Seller of any nonconformities or defects within 15 days from the date of receipt of the Products.  Unless otherwise agreed by Seller in writing, title and risk of loss transfers to Buyer when Products are consigned to the carrier and it is Buyer’s responsibility to file any claim against the carrier. Prices quoted do not reflect applicable taxes, duties, export fees, transportation and freight charges. Seller part numbers are for reference only. Seller reserves the right to ship functionally equivalent Products from any manufacturer without prior notice to the Buyer.

FORCE MAJEURE

Seller’s nonperformance shall be excused to the extent that such performance is rendered impossible by (i) strike, fire, flood, governmental acts or orders or restrictions; (ii) epidemic, disease, or pandemic; (iii) failure of Seller’s suppliers; or (iv) any other reason where failure to perform is beyond the reasonable control of and is not caused by Seller’s negligence.

GOVERNING LAW AND DISPUTE RESOLUTION

All sales are governed by, and the rights and obligations of the parties shall be construed and enforced in accordance with, the laws of State of Tennessee. Any dispute, controversy or claim shall be solely and finally settled by arbitration conducted in Memphis, Tennessee in accordance with the Commercial Arbitration rules of the American Arbitration Association then in force. The parties shall abide by all awards rendered in arbitration proceedings, and all such awards may be enforced and executed upon by any court having jurisdiction over the party against whom enforcement of such award is sought.

SEVERABILITY

If any part or provision of these Terms is determined to be invalid, or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in effect.

WARRANTY DISCLAIMER

SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON PRODUCTS SOLD BY SELLER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY SELLER IN NO WAY AFFECTS THE TERMS OF ANY WARRANTY PROVIDED BY THE MANUFACTURER OF THE PRODUCTS OR THE PROVIDER OF SERVICES SOLD BY SELLER.

LIMITATION OF LIABILITY AND REMEDY

Failure to give Seller written notice of any claim related to the Products within 30 days after Buyer's receipt of the products, services, or material shall constitute a waiver by Buyer of all such claims, including claims for damaged or defective goods, shortage, negligence or any other cause whatsoever.  Seller’s liability arising out of or related to the sale of the Products, whether in contract, tort, under any warranty, negligence or otherwise, shall not exceed the amount of the purchase price paid by Buyer to Seller, or in Seller’s sole discretion, the repair or replacement of the products at issue. Under no circumstances will Seller be liable for special, indirect, or consequential damages, including lost profits. The price stated for the Products is in consideration for limiting Seller’s liability as provided herein. No action, regardless of form, arising out of the transactions under these Terms and Conditions of Sale may be brought by Buyer more than one (1) year after the cause of action has accrued. Seller neither assumes nor authorizes any other person to assume for it any greater liability in connection with any sales of Products.

 

View the Terms & Conditions of Sale for Canada

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