Connxion Source™ - Term and Conditions of Sale (TCS) - (terms)

Definitions: Connxion Source™ Terms and Conditions of Sale (TCS) - Terms apply to all sales of product(s) and services by Connxion Source™ to you the Business Owner.

1. Acceptance. Customer's acceptance of these Terms shall be indicated by signing the Order Form (Receipt) and faxing back to: 888-300-7419 and the Terms and Conditions of Sale where indicated or submission of a request to purchase Product(s) by any means, including our electronic eCommerce ordering system - Website System.

Customer agrees that all purchases placed by Customer, shall be governed by these (Terms) for shipment of products. Customer acceptance of Customer Requested productsOrder is conditioned upon Customer acceptance of these Terms by Faxing back the signed Order Form (Receipt).

In the event that Customer's Order is deemed to be an offer, the Customer acknowledgment or performance of the Order is conditioned upon Customer's acceptance of these Terms and the Customer's acceptance of delivery without objection to these Terms constitutes acceptance of these Terms.

2. Claims. The (Customer) Recipient of Product(s) shall refuse any Product(s) delivered with visible damage to the shipping container. Customer must notify the Company of any concealed damage within two (2) business days of receipt of Product(s), by going to Online Support and initiating a claim on shipment. Failure to timely notify Company of a Claim shall be deemed an acceptance of the Product(s) as of the date of the shipment.
NOTE: Company encourages you to OPEN products from shipping container and visually inspect for damage, even if you are not going to install unit for a few days or weeks.

a. Any and All claims for loss or visibly damaged Product(s) accepted by recipient must be made by the Customer to the carrier. Claims for any items missing from a shipment must be made to the Company within (2) two business days from the receipt of the shipment, by going to Online Support and initiating a claim on shipment. Customer shall be responsible for compliance with these requirements in the event that Customers shipment of Product(s) is to another location for Customer.

b. Notification of Claims. Customer needs to go to Online Support and OPEN a ticket regarding any product refused due to shipping damage or items missing once Customer inspects delivered order.

d. DOA (Defective on Acceptance) In the event Customer realizes that product does not work after installed Customer must go to: Online Support and OPEN a ticket reporting this issue.

e. Product Returns. If Customer returns products with out a RMA, it will be refused and sent back.

f. Company will respond to all tickets within (2) two hours of any ticket that is OPENED for the above reasons. Customer will indemnify and hold Company harmless from any and all losses incurred as a result of failure of their Customer to comply with this provision of these Terms.

g. Customer is encouraged to read our Return Policyand the procedures.

3 . Credit and Refunds. Credit(s) may be available to Customer pursuant to Companies then applicable policies and programs which may include, returned product(s) but not shipping and handling charges and re-stocking fees of 25% where applicable due to product being refused upon delivery.

4. DISCLAIMER AND LIMITATION OF LIABILITY. THE COMPANY MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCT(S). THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCT(S), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS, DAMAGE OR COST FOR BREACH OF WARRANTY. THE COMPANY WILL NOT IN ANY EVENT BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, LOSS USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT(S), OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT(S) THAT IS THE BASIS OF THE CLAIM. THE DISCLAIMER AND LIMITATION OF LIABILITY PROVISION WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION OR OTHERWISE.

5. Export Restrictions. Company will not ship outside the United States at this time.

6. Force Majeure. The Company will not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics, terrorist attacks and similar events outside the Customer control. The Terms constitute the entire agreement between the Parties as to the order and sale of Product(s) and supersede all prior or current written or oral statements, representations, negotiations, agreements and understandings regarding the sale of any Product(s).

7. General. Other than conflicts of law, these Terms will be construed in accordance with the laws of the State of Texas . Customer consents to the non-exclusive jurisdiction of the State and Federal Courts in Tarrant County, Texas for any claims regarding the Terms and to accept service of process in accordance with the notice provisions of the Terms.
The failure of either Party to insist upon strict performance of any of the provisions of these Terms will not be deemed a waiver of any breach or default. Each of the Parties acknowledges that it has the authority to enter into and Sign and Fax back the Order Form (Receipt) and acknowledge these Terms.

Any notice given to either Party will be in writing and effective immediately upon facsimile transmission or (2) two days following depositing same with an overnight carrier addressed to the address indicated in the Credit Application or as notified in writing by the Party.

The Company will be entitled to recover all costs, including attorney fees and ancillary costs, incurred as a result of enforcement of any provision of these Terms including collection of any sums due from Customer. If any provisions of these Terms are deemed unenforceable as a matter of law, all other provisions will remain in effect. The Company may assign the Terms without prior approval of the Customer. The Customer may not assign the Terms without the prior approval of the Company.

8. Order and Shipment. Customer will order Product(s) from Company site by completing the purchase procedure and by signing the Order Form (Receipt) Customer receives along with acknowledging the CHECK BOX agreeing to Terms and faxing back to:
888-300-7419 in order to complete each transaction.

Company may reject any Order for any reason. Company will not be bound by any Terms or conditions set forth in any Order. Customer agrees not to contest the validity or enforceability of any Order. Delivery of the Product(s) will be made in accordance with the Company shipping policy in effect on the date of shipment. All Product(s) are shipped F.O.B Origin within 48 hours of of all orders received prior to 3 PM CDT. All orders received after 3 PM CDT are processed the next day via Fed Ex, UPS, DHL or common carrier depending upon the type and weight of product. Special circumstances will allow orders to be shipped same day with additional cost incurred by Customer. Insurance coverage, transportation costs and all other expenses applicable to shipment(s) from Company to Customer will be at the Customer's sole expense. Company shall choose what it considers the most appropriate means of shipment unless the Customer specifically requests otherwise. Company shall not be liable for any damages resulting from failure or delay in shipping goods. Certain minimum charges will apply for purchase orders requiring special handling.

9. Payment Terms. Payments for Product(s) will be as set forth in the Customer Payment options' then applicable prices listed on site are exclusive of taxes, unless business owner has submitted a RE-SELLER certificate for its particular type of business entity. Furthermore there maybe duties, licenses, excises, tariffs and shipping cost which shall be the obligations of the Customer. Payment is due at time of purchase, arrangements for purchase is set out in Payment Options guidelines. In the event Customer payment is defective at time of shipment, Customer shall provide another form of payment before product(s) are shipped. The Company reserves the right to withhold shipment of any Order or part thereof to require a different type of pre-payment of any Order in the event that the Company determines in its sole judgment that Customer transaction payment type is defective or will be unable to process current payment type.

10. Returns Procedures. The Company shall not be obligated to authorize any Product(s) return, these return procedures are manufacture / product specific and Customer may return Product(s) only after manufactures technical support has evaluated whether product is under warranty and unable to be repaired.

Customer must contact Connxion Source™ through Online Supportfor the manufacturer's specific procedures regarding a Return Material Authorization (RMA) number before returning any Product for warranty repair or replacement as determined by manufactures technical support department in conjunction with support team.

NOTE: Customer is encouraged to read our Return Policy and procedures.

11. Special Orders. A special order are Product(s) ordered by Customer that the Company does not normally have available. Special Orders are Non-Cancel able and on a Nonrefundable basis. Special Order Product(s) may not be returned to Company under any circumstances.

12. Warranty Procedures. All Product(s) are sold solely with the applicable manufacturer's warranty. Company will assist Customer in getting defective Product(s) repaired or replaced. Customer agrees to utilize Companies Online Support to create trackable tickets regarding any Warranty concerns.


Last Updated: 04/20/2010 v3.037