TERMS AND CONDITIONS OF SALE
- Formation of Contract: The buyer or customer (.Buyer.) will be deemed to have irrevocably accepted these Terms of Sale upon Buyer’s acceptance of any of the goods (the "Goods"), without regard to whether Buyer makes or may make any inspection with respect to such Goods. Any term of Buyer’s order in any communication from Buyer, which is in any way inconsistent with or in addition to these Terms of Sale, will not be applicable to or binding upon Seller. If Buyer objects to any of these Terms of Sale such objections must be in writing and received by Seller prior to commencement of performance by Seller, and will not be binding on Seller unless agreed to in writing by Seller's authorized representative.
- Price and Payment: All prices, unless otherwise stated, are F.O.B. shipping point and are exclusive of any federal, state, local or other taxes. Any applicable taxes are the responsibility of the Purchaser and shall be added to the invoice unless MULTILINK is provided the appropriate, valid exemption certificate by Purchaser. All prices are subject to change without notice. Multilink reserves the right to increase prices due to raw material cost increases regardless of any existing contracts or agreements between MULTILINK and Purchaser. Shipments of ten percent (10%) more or less than the order quantity constitute completed orders, unless previously agreed to by both Purchaser and MULTILINK.
- Invoices are payable in full within thirty (30) days following the invoice date. A discount of one percent (1%) is allowable on invoices paid within (10) days following invoice date: this discount also applies to those orders shipped C.O.D. or cash in advance. Invoices outstanding past thirty (30) days following invoice date will be subject to a late payment charge of one and one-half percent (1-1/2%) per month. Failure to pay any invoice by its due date makes subsequent invoices due immediately regardless of the terms herein. MULTILINK may option to withhold subsequent shipments until the account in question is settled to MULTILINK’S satisfaction.
- Acceptance: All orders subject to acceptance by MULTILINK. Once placed and accepted, any order may be canceled only upon terms exempting MULTILINK against all loss with the consent of MULTILINK.
- Title and Risk of Loss: Title and risk of loss on all material sold by MULTILINK shall pass to Purchaser upon delivery of said materials to a common carrier regardless of freight terms stated or method of payment of transportation charges.
- Transportation charges: Most shipments are via United Parcel Service and are prepaid and billed; however, MULTILINK reserves the right to specify the routing of shipments. Truck shipments will be made prepaid.
- Express warranties: MULTILINK warrants that the goods are free from any material defect in workmanship and materials. Purchaser acknowledges that no sample or model of the goods, nor any sales literature, proposals, projections, or engineering data regarding the goods are any part of the basis of the bargain between the parties. Purchaser has made, and relies solely upon, its own determination of the suitability, compatibility, performance, and uses of the goods, and acknowledges to MULTILINK that the Purchaser does not rely upon any oral or written representations or statements by MULTILINK regarding the goods, other than as expressly set forth in this Contract.
- Disclaimer of Implied Warranties: IN ALL EVENTS, WITH RESPECT TO ALL GOODS SOLD, MULTILINK DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Damages: IF MULTILINK BREACHES OR REPUTIATES THIS CONTACT BY REASON OF ANY DEFECT IN THE GOODS SOLD, THEN PURCHASER IS NOT ENTITLED TO, AND WAIVES ALL RIGHTS TO RECOVER, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS. Purchaser has carefully considered this limitation and is willing to bear the entire defect.
- Purchaser’s Exclusive Remedy: IF MULTILINK BREACHES THE WARRANTY SET FORTH ABOVE, THEN PURCHASER’S SOLE AND EXCLUSIVE REMEDY IS TO DEMAND THAT MULTILINK, AT MULTILINK’S COST, REPAIR THE GOODS, OR REPLACE THE GOODS IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THEY CANNOT BE REPAIRED. In lieu of making any repair or replacement of the Goods, Multilink may elect to refund the total purchase price, in full satisfaction of all obligations owed to Purchaser by reason of such breach, in which case Multilink’s duty to pay the refund will be conditioned upon Purchaser permitting Multilink to inspect and take possession of the Goods.
- Statute of Limitations: The parties desire to reduce the period of limitations to one year. Accordingly, a party must commence a cause of action for a breach of this Contract, including a breach of warranty, within one year after the cause of action has accrued.
- Entire Agreement: Any term or condition contained in Purchaser’s purchase order, acknowledgment form, confirmation or any other document issued by Purchaser that conflicts with any term of this Contract, or that adds to MULTILINK’S obligations under this Contract, is not part of this Contract and is not binding upon MULTILINK unless specifically identified and accepted in writing by an officer of MULTILINK. This document, including any attachments, embodies the entire agreement of the parties as to the subject matter contained in this document. There are no promises, terms, conditions, or obligations between the parties regarding the subject matter of this Contract other than those contained in this document, including any attachments. This Contract supersedes all previous communications, representations, or agreements, either verbal or written, between the parties, including any correspondence, proposals, quotes, brochures, samples, models, or specification sheets, or any other oral or written statements or representations made by any MULTILINK salesmen.
- Accordingly, the parties shall request that any court or tribunal called upon to consider and enforce this Contract strictly apply the “parol evidence” rule. No course of prior dealings between the parties and no usage of trade is relevant to supplement or explain any term of this Contract.
- Modification of Contract: No amendment, modification, change or discharge of any term or provision of this Contract will be valid or binding on either party, and no waiver of any of the terms of this Contract will be valid or binding on either party, unless it is in writing and signed by all of the parties; and with respect to MULTILINK, signed by an officer of MULTILINK.
- Non-Waiver: Failure of MULTILINK or any of its agents or representatives to comply with any of the terms or conditions herein or failure to properly notify Purchaser of any breach of these conditions shall not be deemed a waiver of any right MULTILINK has to insist upon strict compliance of these terms and conditions in subsequent agreements.
- Government Contracts: If the Goods to be furnished hereunder are to be used in the performance of a United States Government contract or subcontract, Buyer will notify Seller in writing at the time of the order, and will provide Seller with a United States Government contract number, as well as a copy of the applicable United States Government Contract. If Buyer order is accepted by Seller, those clauses of the applicable United States Government procurement regulation which are mandatorily required by federal statute to be included in United States Government subcontracts will be deemed incorporated herein by reference and will control if inconsistent with any provisions of this contract.
- Force Majeure: MULTILINK shall not be liable for any loss, damage, delay, change in shipment schedule or failure to deliver caused by accident, fire, strike, riot, civil commotion, insurrection, war, the elements, embargo, failure of carrier, inability to obtain transportation facilities, government requirements, acts of God or public enemy, previous commitments to customers or limitations on MULTILINK’S or its suppliers’ products or marketing activities or any other cause or contingency beyond MULTILINK’S control.
- Freight Policy: Orders are shipped via the best method as determined by MULTILINK unless specified by the Customer. Freight bills will be prepaid if shipped via common carrier under the condition that freight bills will be paid in net of 7 days per ICC regulations.
- Claims for Shortages or Damages: Claims must be made within seven days of the invoice date. All freight damages and shortages should be filed with the carrier within seven days.
- Back Orders: All backorders will be retained and shipped on arrival unless otherwise notified.
- Cancellation and Returns Policy
Return Process Product may not be returned to MULTILINK until a Return Material Authorization (“RMA”) number has been issued. The RMA number will be voided after 30 days if the product is not returned by that date. The product may not be returned until another valid RMA number is issued. Unauthorized shipments of the returned product and improperly packaged or damaged returns may be refused by MULTILINK.
The RMA number must be clearly marked on the outside of the package. This will expedite and ensure processing of the return upon its arrival at the MULTILINK.
The returned product must be returned in original packaging, or charges may apply. Please follow the return packaging instructions provided by MULTILINK. Any damage incurred due to improper packaging shall be the customer’s responsibility.
A copy of the RMA will be emailed, please use that emailed RMA as your return Packing Slip. MULTILINK may refuse shipment if this documentation is not provided.
The customer is responsible for all return shipping costs (except Out-of-Box Failures), unless otherwise approved. Return all Shipments, freight prepaid via your preferred carrier. Freight damage incurred is the responsibility of the customer.
All returned material must be complete and in original packaging for full credit. MULTILINK reserves the right to withhold issuance of Credit to customer, until the returned product is inspected for damage, missing components, quantity discrepancies, or unauthorized Returns. Inspection of returned material shall be completed within two weeks. Only upon verification of acceptable product condition will credit be issued.
Non-Defective Returns If the return of product is not the result of defects in materials, workmanship, or error by MULTILINK, MULTILINK reserves the right to charge a restocking fee. To be eligible for a return, the product must be in new condition with the original packaging including all accessories and user manuals. Unless otherwise agreed upon in the customer contract, the following restocking fee shall apply:
For MULTILINK authorized returns submitted within 90 days from the original ship date, the customer will be charged a 25% Re-stocking fee plus costs up to 100% of the selling price. Costs may include, but are not limited to, damaged material/packaging and other costs associated with returning the product to salable condition.
Non-defective product returns require physical inspection and/or structural/electrical testing prior to their return to inventory and issuance of credit. Inspection of returned material shall be completed within two weeks.
Out-of-Box Failure If the product fails within 10 days of installation or 30 days after the date shipped, whichever comes first, the situation is classified as an out-of-box failure. MULTILINK Customer Service must first be contacted to verify product operation, at 440-366-6966. Once confirmed, the product may be returned for repair at no charge. MULTILINK will perform the repair, coordinate shipment with the freight company and pay freight both ways.
Returns Not Eligible for Credit The following products are not eligible for credit return: Custom designed, special, or otherwise non-standard product. This includes custom color and private label.
Obsolete product, which is defined as products no longer in production.
Batteries, unless MULTILINK incorrectly shipped the order. In which case, the customer must notify MULTILINK within 30 days of receipt in order to process credit return.
Any product shipped more than three months ago.
Cancellations Customer may not cancel any orders, revise quantity, deviate from specifications or shipping schedules unless and only by mutual agreement as to recovery by MULTILINK for applicable charges which will take into account expenses incurred and/or commitments made by MULTILINK in faithful execution of any orders. Special, custom, or otherwise non-standard orders are non-cancelable. This includes custom color and private label. Unless otherwise agreed upon in the customer contract, the following cancellation fees shall apply:
For order cancellations submitted to MULTILINK within 48 hours of receiving MULTILINK’S order acknowledgment, the customer will not be charged a cancellation fee.
For electronics warranty, please contact our Customer Service Department at 1.440.306.7646 x 298 and reference document CSR6000.
NO SALESMAN, DISTRIBUTOR, REPRESENTATIVE OR OTHER AGENT IS AUTHORIZED BY MULTILINK TO GIVE ANY WARRANTY OR GUARANTEE CONTRARY TO THE STATEMENTS MADE HEREIN.