Terms and Conditions
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Konnect RF, LLC. ("Konnect RF") to Konnect RF's customers ("Customers"). Please read this agreement carefully. Any different or additional terms set forth in customer's purchase order or similar communication are objected to and shall not be binding on the company unless a separate agreement has been signed by an authorized officer of the company. By placing an order for products from the company, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products, you agree to be bound by and accept these terms and conditions of sale.
The Terms and Conditions may not be modified or cancelled without Konnect RF's written agreement. Accordingly goods furnished and services rendered by Konnect RF are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida and the applicable laws of the United States of America. If Customer chooses to access the Konnect RF Web Site from outside the United States, Customer does so on their own initiative and is responsible for compliance with all applicable local laws.
TERMS OF PAYMENT
All payments must be in US Dollars, or will be converted to US Dollars using the available exchange rate at the time of purchase.
For all domestic customers, Credit cards accepted are MasterCard, VISA, and American Express credit cards, purchase cards and major bank debit cards. Payment via net thirty (30) days is available to businesses or as otherwise specified by Konnect RF and subject to approved credit.
If credit is granted , Customer agrees to the following:
1. To pay all invoices according to the agreed upon terms (Net 30 unless otherwise specified in writing).
2. To pay interest at the greater of 1.5% per month or the maximum rate allowed by law on all unpaid invoices after the due date of the invoice.
3. Should this account ever become delinquent and it be necessary for Konnect RF to employ a collection agency and/or attorney to collect or commence suit to enforce payment, Customer agrees to pay a reasonable additional sum as attorney's/agency fees and to pay the costs and expenses associated with this action and/or suit.
4. It is expressly agreed that all obligations of the parties created herein are to be performed in Palm Beach County, FL USA, and that the courts of Palm Beach County, FL have jurisdiction over any action to enforce collection of this account.
For all international customers, Credit cards accepted are MasterCard, VISA, and American Express. Payment via open credit account with Net thirty (30) days can be established for companies having three U.S. references. You can also wire the funds to our bank. We will contact you with the total amount which will include shipping charges and a $35 wire transfer fee. Orders will not be accepted until funds have been received in full and Purchase Order (PO) has been received. Customer is responsible for duties and taxes
All re-sellers must submit a resale certificate to Konnect RF. Only Florida residents need to remit sales tax. Konnect RF does not remit sales tax to states other than Florida. Any sales tax due that is not collected by Konnect RF is the responsibility of the customer.
Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by Konnect RF and will be applicable for the period specified in Konnect RF's quote. If no period is specified, quoted prices will be applicable for thirty (30) days. The catalog reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. Prices are subject to change in the event of a change in Konnect RF's costs or other circumstances beyond Konnect RF's reasonable control. 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, document fees and import duties.
Shipping or freight charges and insurance will be paid by the customer. Shipping or freight charges from Konnect RF’s Florida facility are prepaid and added to the invoice, or billed collect. Subject to Konnect RF's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Konnect RF will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Konnect RF are estimates only and that Konnect RF will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Konnect RF unless specifically designated by Customer.
Customer shall be solely responsible to obtain any license to export, re-export or import as may be required. Products purchased or received under these Terms and Conditions are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country, including but not limited to the list below, or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List (as identified by the U.S. Treasury Office of Foreign Asset Control (OFAC) and by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) ), or any other United States or other government list of prohibited persons; and otherwise prohibited by United States or other law from purchasing the products or services hereunder.
LIST OF EMBARGOED COUNTRIES:
- The Balkans
- Cote d'Ivoire
- The Democratic Republic of the Congo
- North Korea
LIMITATION OF LIABILITIES
Customer shall indemnify, defend, and hold Konnect RF harmless from any claims brought by any party regarding products that were incorporated into the customers product that were supplied by Konnect RF. In no event shall Konnect RF be liable for any special, incidental or consequential damages of any nature including, but not limited to claims for service interruptions or failure to supply downtime, recall costs, damages resulting from loss of profit or revenue testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Konnect RF for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise.
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Konnect RF shall have no responsibility or liability for the content or use of such statements or advice.
All products are covered by a limited warranty for a period of one hundred and twenty (120) days from the date of shipment when purchased from Konnect RF. Customer must notify Konnect RF within 120 days from date of shipment of any defective product and an approved Return Materials Authorization (RMA) number must first be obtained from Konnect RF. The RMA number must be supplied prior to the return of any merchandise to Konnect RF for inspection under warranty. Shipping charges for all materials returned under this Limited Warranty are to be prepaid by the Customer. This warranty is limited to the original purchaser. Konnect RF's liability arising out of any sale of products to Customer is expressly limited to either a Credit for the purchase price paid by Customer for such products or repair and/or replacement of such products, found to be defective after inspection by Konnect RF. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. This warranty will not apply if the Product has been subject to misuse, neglect, accident or modification, or has been soldered or altered in any way.
All orders are subject to acceptance by Konnect RF in writing by a duly authorized agent of Konnect RF. This Purchase Order which represents the entire agreement between Buyer and Seller becomes a binding contract upon the terms of purchase set forth herein by acknowledgement or commencement of performance. No change, modification or revision to this order shall be valid unless in writing and signed by the authorized representative of the Buyer. Orders accepted and processed by Konnect RF may not be cancelled by Customer except as covered by the Limited Warranty, all sales are final. Cable Assemblies and Non-Standard Products are also Non-Cancelable/Non-Refundable. Konnect RF defines Non-Standard Parts as Products which are special orders, custom orders, orders for non-standard products, or orders for value-added products. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which Konnect RF may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses then incurred and commitments made by Konnect RF, shall be paid by Customer to Konnect RF. Customer requests to reschedule are subject to acceptance by Konnect RF in its sole discretion. Orders may not be rescheduled after the order has been submitted by Konnect RF to the shipment carrier.
Drawings, specifications, photographs and other engineering and manufacturing information supplied shall remain Konnect RF’s property and shall not be photocopied, digitally scanned, or otherwise reproduced without Konnect RF’s consent and shall be returned upon demand.
All materials are to be new, and comply with our drawings and specification as well as any vendor drawings and specifications.
All purchase orders include by reference the following clauses from the Federal Acquisition Regulations:
52.244-1 Subcontracts for Commerical Items (DEC 2010)
52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010)
52.203-15 Whistleblower Protections under the American Recovery and Reinvesment act of 2009 (JUN 2010)
52.219-8 Utilization of Small Business Concerns (DEC 2010)
52.222-26 Equal Opportunity (MAR 2007)
52.222-35 Equal Opportunity for Veterans (SEP 2010)
52.222-36 Affirmative Action for workers with disabilities (OCT 2010)
52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010)
52.222-50 Combating Trafficking in Persons (FEB 2009)
52.247-64 Preference for Privately owned US Flag Commercial Vessels (FEB 2006)
Depending on individual requirements, Purchase Orders may be required to comply with Defense FAR Supplement (DFAR), and particularly, DFARS Preference for Domestic Specialty Metals 252.225-7014.Contractors shall include the terms and requirements above on all sub-contracts and require sub-contractors to flow down these requirements to all tiers in accordance with FAR 52.245-1.