Cobra-Power

Shipping & Returns

TERMS AND CONDITIONS

LEAD TIMES: Unless otherwise noted, all items will be shipped FOB destination from manufacturers warehouses. Typical lead times range from 1 day to 2 weeks however the Buyer should be aware that some products require a longer lead time. Buyer accepts the manufacturers published lead times at the time of purchase and one the order is placed

RETURNS/RESTOCKING CHARGES: Seller reserves the right to reject the return of any products returned by Buyer pursuant to these Terms and Conditions of Sale. Upon approval of the Seller, all returned products must be in resalable condition, undamaged and in standard inventory packages and/or coils (no partial coils, pieces, etc. will be accepted for credit). Products accepted for return by Seller are subject to a restocking charge, including any applicable freight/shipping charges, based upon the price in effect at the time of original sale. Special order
items cannot be returned.

NO OTHER TERMS: ANY TERMS OR CONDITIONS ON BUYER’S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY. ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER’S ASSENT TO THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION.

INSPECTION AND REJECTIONS: Any claim by Buyer based upon delivery of products that are of incorrect size, type or quantity, or have been damaged in shipment, ascertainable upon visual inspection thereof, must be presented to Seller or its representative within 15 days following date of receipt of such non-conforming or damaged products by Buyer. In the absence of any such claim within 15 days, Buyer’s receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size, type or quantities or shipment damage. No claim of any kind whether as to products delivered or for non-delivery of products, and whether or not based on negligence or other tort, shall be greater in amounts than the purchase price of the products in respect of which such claim is made. Seller reserves the right to replace in part or in full any damaged component or components damaged as a result of force majeure from the Sellers freight company, or delivery vehicles. Replacement in full shall be determined solely by the Seller. Damages resulting from rigging, loading / unloading, manipulation of any kind by the Buyer or the Buyers contractors, subcontractors, or anyone working directly for the Buyer, will be the responsibility of the Buyer.

Limited Warranty: Subject to the limitations and exclusions set forth below, Seller warrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service. This warranty is applicable only to buyer and there are no other intended beneficiaries of this warranty.

Warranty Limitations and Exclusions:

i. For the warranty to apply, the products must be installed in accordance with all site conditions required by state and local codes, applicable product or industry specifications and guidelines, manufacturer’s installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear, alteration or repair by anyone other than Seller, accident, misuse, abuse, Acts of God, or neglect or any other event not caused by Seller.
ii. Seller’s obligation under this warranty shall not include any transportation charges or costs of installation.

iii. Except as specified above, no other express warranty is given and no affirmation on Seller’s part or on the part of Seller’s representatives or agents, by word or act, shall constitute a warranty or otherwise alter, vary or expand the express warranty set forth above.
iv. IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY, including loss of production and profits, labor and materials, overhead costs or other loss or expenses incurred by Buyer or any third party.
v. TO THE EXTENT ALLOWED BY LAW, THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. At the sole discretion of the Seller, all requested documentation (including but not limited to credit application, and trade references) must be submitted and approved prior to the Buyer receiving a credit line.

PRICES: Prices as listed by the seller (Cobra Power Systems, Inc.) are quoted and will be made available for Buyer’s acceptance for 7 days from the date of bid end or purchase and are subject to change or withdrawal after the 7 days expire. Buyer must pay for item in full within 7 days of auction end or Seller reserves the right to reject all bids and relist item. WE WILL LEAVE NEGATIVE FEEDBACK FOR ANY BIDDER WHO NEGLECTS TO PAY FOR ITEM WITHIN 7 DAYS OF AUCTION END. All products will be shipped within the specified period of time listed in the LEAD TIMES section of these terms and conditions. ALL ITEMS MUST BE PAID FOR IN FULL PRIOR TO SHIPPING OF ANY EQUIPMENT.

SERVICE CHARGE AND COLLECTION: A 1.5% per month (a rate of 18% per annum) service charge will be due and billed on past due amounts for customers with open credit terms. Buyer shall be responsible for paying any costs associated with any collection effort, including, but not limited to, reasonable attorney fees as permitted by state law.

BUYER ACCEPTS ALL TERMS AND CONDITIONS HEREOF, NONE OF WHICH MAY BE CHANGED BY BUYER. ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE, NONWITHSTANDING ANY ACT OF SELLER INCLUDING SHIPMENT OR ACCEPTANCE OF PAYMENTS, AND NONWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGEMENT OR OTHER DOCUMENT OF BUYER.

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