PICS TELECOM CORPORATION STANDARD TERMS AND CONDITIONS
Terminology
The term "Buyer" as used herein means the purchaser of goods and/or services of PICS Telecom Corp. pursuant to the terms and conditions herein contained. The term "Seller" as used herein means PICS Telecom Corp.
New Accounts
Credit accounts are welcomed. In order to apply for and establish a credit account, Buyer is required to submit a completed credit application and a sales tax exemption certificate, if applicable. To avoid delay of processing Buyer's initial order, Buyer may use alternate forms of payment, such as wire transfer of funds, cash on delivery (COD), or credit card (MC, Visa, American Express).
Prices and Quotations
All prices will be quoted on a per occurrence basis and are subject to change without notice. All quotes are subject to termination by PICS Telecom Corp. at any time prior to receipt and acceptance of Buyer's purchase order.
Payment Terms
Subject to credit approval, payment is due on all invoices 30 days from date of invoice. If a Buyer fails to pay any invoice when payment is due, the whole sum owing shall immediately become due and payable by the Buyer and Seller may immediately suspend further deliveries to Buyer until all amounts owed by Buyer have been paid in full.
Freight Terms
Unless otherwise agreed in writing, all shipments from Seller's warehouse locations to points within the continental United States will be shipped via surface freight. Freight charges for such shipments may be prepaid by Seller and added to the charges listed on the invoice, and Buyer agrees to reimburse Seller for such freight charges as they appear on the invoice. Seller will select point of origin, method, and routing unless otherwise agreed in writing. All shipments are F.O.B. point of origin. Title to goods and risk of loss or damage is transferred to Buyer upon delivery of the ordered items by the Seller to a common carrier.
Delivery
Shipping dates provided by Seller, verbal or written, are approximate and are based on current inventory and estimations of time periods required to obtain ordered goods from the manufacturer. In no event shall Seller assume liability, consequential or otherwise, as a result of Seller's failure to deliver goods in accordance with indicated delivery schedules. Acceptance of any item shipped by Seller pursuant to Buyer's purchase order shall constitute a waiver of all claims based on delay in deliveries. Buyer shall be responsible for inspecting its shipment upon delivery. Buyer is responsible for signing all acceptance documents with the carrier as short or visible damage. Any shortages or evidence of damage to merchandise must be reported in writing to Seller within 5 days of the receipt of goods. Failing short notice, the goods shall be deemed accepted with knowledge of and Buyer shall be deemed to have waived all claims based on all shortages or defects ascertainable at the time of delivery. Unless otherwise specified in the purchase order all shipment will be made as soon as Seller deems reasonably practicable after receipt and acceptance of Buyer's purchase order has been received and accepted, and Buyer has complied with all applicable credit qualification requirements or has prepaid.
Taxes
All sales, use and other taxes applicable to products purchased from PICS Telecom are Buyer's sole responsibility. No taxes shall be billed if Buyer submits a tax exemption certificate acceptable to the respective taxing authorities.
Disclaimer and Limitation of Warranty
THE APPLICABLE WARRANTY PERIOD WILL BE SPECIFIED ON THE INVOICE OR PRICE QUOTATION. IF NO WARRANTY PERIOD IS SPECIFIED IN THE APPLICABLE INVOICE OR PRICE QUOTATION, THE PRODUCTS ARE SOLD "AS IS" WITH ALL DEFECTS INCLUDED. PICS TELECOM CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. PICS TELECOM'S WARRANTY, IF ANY, AND BUYER'S SOLE REMEDY SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF PRODUCTS THAT ARE DEFECTIVE IN MATERIAL OR WORKMANSHIP; PROVIDED, HOWEVER, THAT WITH RESPECT TO RECONDITIONED PRODUCTS, REASONABLE WEAR AND TEAR DUE TO PRIOR USE OF THE PRODUCTS SHALL NOT BE CONSIDERED A DEFECT SO LONG AS SUCH PRODUCTS PERFORMED TO MANUFACTURER'S SPECIFICATION ON THE DATE SUCH PRODUCTS WERE ORIGINALLY BUILT. WITH RESPECT TO PRODUCTS THAT HAVE NOT BEEN PREVIOUSLY USED, PICS TELECOM CORPORATION WILL MAKE REASONABLE EFFORTS TO ATTEMPT TO EXTEND TO BUYER ANY WARRANTY EXTENDED BY THE RESPECTIVE PRODUCT MANUFACTURER(S). HOWEVER, PICS TELECOM CORPORATION CANNOT GUARANTEE THAT THE RESPECTIVE PRODUCT MANUFACTURER(S) WILL PROVIDE A WARRANTY TO BUYER. IN ANY EVENT, PICS TELECOM'S SOLE RESPONSIBILITY, OBLIGATION, AND LIABILITY WITH RESPECT TO THE PRODUCTS SHALL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCTS, OR IF SUCH REPAIR OR REPLACEMENT IS NOT COMMERCIALLY REASONABLE, THEN LIMITED TO THE SUMS PAID BY BUYER TO PICS TELECOM CORPORATION FOR SUCH PRODUCTS. PICS TELECOM SHALL NOT BE LIABLE FOR, AND BUYER EXPRESSLY DISCLAIMS ANY CLAIMS WITH RESPECT TO, ANY LOSS OF PROFIT, INJURY TO PERSON OR PROPERTY, INJURY TO GOODWILL, ANY SPECIAL DAMAGES, EXPENSES, OR OTHER CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE, WHETHER DIRECT OR INDIRECT.
PICS Telecom operates under the ISO 9001:2000 standards of quality. As such, we have standardized many of our procedures involving the distribution of quality products and customer service. We would like to take this opportunity to communicate our product warranty procedures.
We apply a small white label as evidence of the warranty. Our procedures state that this label must be present on the equipment in order for the warranty to remain valid. If there is no warranty label present, the warranty is then deemed void.
If for any reason you need to return an item to PICS Telecom, please contact your sales representative to obtain an RMA number. In order to obtain an RMA number, you will need to provide the reference number located on the warranty sticker. If there is no warranty sticker present on the equipment, the sales representatives are not authorized to accept return of this equipment.
After the RMA number is issued, we will ship the replacement items to you. If a replacement is unavailable, we will either credit your account or issue a refund check. Simultaneously, we request that you carefully package the equipment and return it to us in a timely manner. If we do not receive this equipment within 30 days, you will be invoiced for the replacement items.
Thank you for your cooperation in our effort to maintain the highest level of quality and customer service. If you do have any further questions, please do not hesitate to contact your PICS Telecom sales representative at 800-521-7427.
PICS Telecom backs all of the surplus telecom and data equipment we sell with an advanced replacement warranty. For additional information please contact your sales representative at (800) 521-7427.