- PURPOSE. These Terms and Conditions shall govern the representations and warranties related to the sale of electronic parts by AllCom Electronics, a Florida Corporation located at 2106 NW 67th Place #15, Gainesville FL 32653 ("SELLER") to the person or entity purchasing the electronic parts, as defined in 48 CFR §202, from SELLER ("BUYER").
- FEDERAL SUPPLY CHAIN. BUYER understands that SELLER is in the business of selling new OEM, refurbished and generic new non-OEM electronic parts. Where SELLER indicates that a part is refurbished, in any way, regardless of condition, or where SELLER indicates that the part is a generic new non-OEM product (collectively "Exempt Parts"), BUYER SHALL NOT SELL, RE-SELL, REPACKAGE, INSTALL, OR OTHERWISE CAUSE SUCH EXEMPT PARTS TO ENTER IN TO THE FEDERAL SUPPLY CHAIN. For the purposes herein, "Federal Supply Chain" shall mean any parts sold, installed, used to fulfill a Government procurement contract for electronic parts, or otherwise provided to the local, state and federal government of the United States, including the military, police or other such agencies which represent the Government or its interests. The Restrictions herein do not apply to any part sold to BUYER which indicates the purchased part is new OEM.
- SAFETY SYSTEMS. SELLER is not aware of the final end use of any Exempt Parts supplied to BUYER, however SELLER does not intend for any Exempt Parts sold to BUYER to be used in any interlock, safety circuit, or system which may affect the safety of humans. BUYER SHALL NOT CAUSE SUCH EXEMPT PARTS TO BE USED IN NAVIGATION SYSTEMS, SAFETY INTERLOCKS, OR OTHERWISE SYSTEMS WHICH MAY AFFECT THE SAFETY OF HUMANS.
- AEROSPACE EQUIPMENT. SELLER is not aware of the final end use of any Exempt Parts supplied to BUYER, however SELLER does not intend for any Exempt Parts sold to BUYER to be used in any aerospace equipment. BUYER SHALL NOT CAUSE SUCH EXEMPT PARTS TO BE USED IN ANY AEROSPACE EQUIPMENT.
- INSPECTION AND TESTS. All electronic parts, whether new OEM, refurbished, or generic new non-OEM electronic parts, have been subject to counterfeit inspection and testing ("Quality Control") by SELLER to the extent practicable, to identify any Counterfeit Parts. For the purposes herein, "Counterfeit Part" shall mean an unauthorized copy or substitute part that has been identified, marked, and/or altered by a source other than the part’s manufacturer and has been misrepresented to be from the parts manufacturer and misrepresented to meet the performance requirements guaranteed by the original parts manufacturer. All parts labeled as new, refurbished, or generic parts are done so as a result of SELLER’s Quality Control process. In the event that a Counterfeit Part evades SELLER’s Quality Control and is discovered by BUYER, BUYER agrees to notify SELLER immediately so that SELLER may investigate, and as needed, adjust SELLER’s Quality Control accordingly. Notwithstanding the foregoing, where any Counterfeit Parts evade SELLER’s Quality Control, the incidental sale of such Counterfeit Parts is done without the SELLER’s intent or knowledge.
- EXEMPT PARTS REPRESENTATIONS AND WARRANTIES.
- Except as otherwise provided herein, all electronic parts, including new OEM and Exempt Parts, sold by SELLER to BUYER is WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Any electronic part that is marked or otherwise sold, as a "generic" part is not intended to represent the parts source or performance guarantee. For the avoidance of doubt, SELLER makes no representation or guarantee of the source or performance of any generic part. No generic part shall be considered a Counterfeit Part.
- With respect to any Exempt Parts, SELLER makes no representation that any such Exempt Part meets the standards of AS 5553A and AS 6081.
- BUYER represents and warrants that (i) BUYER shall not enter, or cause to be entered, any Exempt Parts into the Federal Supply Chain; (ii) BUYER shall not use or cause to be used any Exempt Parts in any interlock or system which may affect the safety of humans; and (iii) BUYER shall not use or cause to be used any Exempt Parts in any aviation or aerospace equipment.
- LIMITED RETURN/REFUND POLICY. SELLER provides a Limited Return/Refund policy for all electronic parts sold to BUYER. Any electronic part sold from SELLER to BUYER may be returned for a replacement or refund within ninety (90) days of the date of invoice or receipt, provided that the electronic part returned to SELLER meets the following conditions:
- The returned electronic part shall be maintained with all manuals, cables, and all other items originally included with the electronic part when provided to BUYER from SELLER.
- The returned electronic part shall be free from any damage due to physical abuse or misuse.
- The returned part shall be free from any markings or stickers which were not otherwise present on such electronic part when received by BUYER.
- LIMITATION OF LIABILITY.
- LIABILITY EXEMPTION. To the extent permitted by law, SELLER shall not be liable for any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from or in connection with the use of any electronic part supplied by SELLER. In furtherance thereof, and to the extent permitted by law, SELLER shall not be liable for any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from or in connection with BUYERS implementation of such Exempt Parts in to the Federal Supply Chain or use such Exempt Parts in safety systems or aerospace equipment.
- LIABILITY RESTRICTED. Wherever the law prohibits SELLER’s absolute exemption from liability, SELLER limits its liability, under or in relation to any warranty or condition implied by law, to, at SELLER’s sole and absolute discretion, replacing the electronic parts, supplying equivalent electronic parts (if available), paying the cost of replacing the electronic parts or paying the cost of acquiring equivalent parts. Notwithstanding the foregoing, SELLER’s total aggregate liability is limited to the aggregate sum total of fees paid to SELLER by the BUYER for the purchase of such electronic parts from SELLER.
- INDEMNIFICATION FOR EXEMPT PARTS. With respect to any Exempt Parts, SELLER represents that such electronic parts do not meet the conditions necessary to be implemented into the Federal Supply Chain, do not meet the conditions to be implemented into any system affecting the safety of humans, and do not meet the necessary standards to be implemented into any aerospace equipment. Accordingly, BUYER hereby assumes all risk if such Exempt Parts are either implemented in to the Federal Supply Chain or used in such safety systems or aerospace equipment. BUYER agrees to indemnify and hold harmless SELLER, its officers, employees, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses, including those asserted by third parties, both government and non-government, which result from or arise out of SELLER’s implementation of Exempt Parts in to the Federal Supply Chain or use of Exempt Parts in safety systems or aerospace equipment.
- GOVERNING LAW. These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of the State of Florida.
- SUCCESSORS. These Terms and Conditions shall be binding on and inure to the benefit of BUYER and SELLER and their respective heirs, successors, or assigns. In furtherance hereof, these Terms and Conditions shall be binding on any subsequent purchaser or end user of electronic parts from BUYER.
- MODIFICATION BY COURT ACTION. If any clause of this agreement is held to be invalid or unconscionable by any court of competent jurisdiction, the clause in question shall be modified and the clause as modified shall be binding on the Parties. The remaining provisions of this agreement shall not be affected by such modification