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- Payment and Credit Terms –
Terms of payment are at Tone Commander’s sole discretion. Tone
Commander accepts prepayments or C.O.D. unless other credit terms
have been established. Buyer may request an open account via
written application. Tone Commander, at its sole discretion, will
evaluate Buyer’s credit worthiness, approve open account status,
and establish credit limits. If Buyer is approved for an open
account, all payments are due net 30 days from date of invoice.
Tone Commander accepts payments with credit cards, ACH
transactions, wire transfers, certified funds, and company checks.
All amounts due should be addressed to:
Tone Commander Systems, Inc.
11609 49th Place West
Mukilteo, WA 98275-4255
Attn: Accounts Receivable
If approved
for an open account, Buyer agrees to pay account promptly and within
the terms stated. Delinquent invoices or portions thereof are
subject to an interest charge of 1½ % per month, until paid (or
the maximum rate allowable by applicable law). Prepay or C.O.D.
payment terms and/or additional credit limit restrictions may be
placed on any past due account. In addition, Tone Commander reserves
the right, at its sole discretion and without notice, to cancel all
available credit and revoke open account status at any time. Overdue
and delinquent account balances are subject to being placed for
collection and Buyer expressly agrees that it shall be liable and
pay all attorney’s fees, and any other expenses whether or not
incurred in connection with litigation, including, but not limited
to attorney’s fees and costs associated with the enforcement of
any of the terms of this agreement, and attorney’s fees and costs
resulting from a default under this agreement. Any other payment
terms must have a written agreement signed by both Buyer and Tone
Commander.
- Pricing – Prices are
exclusive of federal, state, or local taxes or duties of any kind.
All taxes or duties applicable to products purchased shall be paid
by Buyer or in lieu thereof, Buyer shall provide Tone Commander with
a tax exemption certificate acceptable to the taxing authorities.
Tone Commander is not responsible for pricing, typographical, or
other errors in any quotes and/or offers, and reserves the right to
cancel or modify any orders resulting from such errors.
- Freight – Unless otherwise
agreed, prices do not include shipping costs. Products will be
shipped UPS Ground (or equivalent) unless otherwise specified on a
written purchase order. Freight charges will be calculated from
Tone Commander’s dock with freight prepaid and billed. Upon
Buyer request, Tone Commander may provide approximate estimates of
freight charges. These are budgetary estimates only and may vary
from the actual freight costs that are billed on the invoice.
- Delivery – Delivery dates
shall be subject to and contingent upon timely receipt of purchase
order by Tone Commander, together with Buyer credit qualification.
Tone Commander shall not be liable for failure to meet any
promised delivery date due to credit qualification delays, force
majeure, work stoppages, strikes, component unavailability, delays
by component vendors, delay or default of common carrier, or any
unforeseeable event or circumstance. Cancellation of purchase
order shall be the sole remedy available to Buyer in the case of
Tone Commander’s failure to meet any promised delivery date for
any reason.
- Discrepancy/Failed Delivery
Claims – Products are sold F.O.B. Origin. Risk of loss from
damage, shortage, or non-delivery due to carrier fault lies with
Buyer. All claims for damage or shortages should be filed by Buyer
with the carrier handling the shipment. Claims stemming from
discrepancies between invoiced descriptions or quantities and
actual product received by Buyer due to error by Tone Commander
must be made in writing within ten (10) days of invoice date. Any
such claim not presented within that time limit will be
conclusively deemed waived and actual delivery of invoiced
descriptions and quantities shall be conclusively presumed.
- Returned Material – In the
event of Buyer ordering error, material may be returned for credit
towards purchases of other Tone Commander’s products, less a
twenty percent (20%) handling charge for restocking. No credit
will be issued for return of goods older than sixty (60) days from
the date of shipment, or for products not returned in their
original unopened factory carton. A "Return Material
Authorization" (RMA) number and specific shipping
instructions must be obtained from Tone Commander before any
material may be returned. No credit authorization shall be issued
by Tone Commander, nor the value of any credit offset by Buyer
against its accounts payable until the returned products are
received, inspected, and accepted by Tone Commander.
- Alteration of Terms and
Conditions – No alteration or waiver of the terms and
conditions contained herein shall be effective unless authorized
in writing and signed by a corporate officer of Tone Commander. In
the event that Buyer submits a purchase order with terms that are
at variance or in conflict with the terms and conditions of sale
contained herein, such purchase order terms shall have no effect
to the extent that they may conflict, and Tone Commander’s terms
and conditions of sale shall prevail.
- Change of Buyer’s Name or
Address; Reorganization – Buyer hereby agrees to notify Tone
Commander’s Accounting Department in writing of any changes of
name or address or of any corporate reorganization or change of
ownership which may affect the information on Buyer’s credit
application.
- Acceptance of Purchase Orders
– All sales are subject to acceptance and no sales are final
until accepted by Tone Commander at its headquarters in Mukilteo,
Washington.
- Venue – Buyer agrees that
all issues and disputes relating to any credit arrangement
extended hereunder shall be governed in accordance with a
competent jurisdiction chosen at the discretion of Tone Commander,
and Buyer expressly waives its venue rights without reference to
conflicts of laws principles.
- Warranty – Tone Commander’s
warranty statement is included in the documentation provided with
each product. This warranty is in lieu of all other warranties,
express or implied, including but not limited to any implied
warranty of merchantability, fitness, or adequacy for any purpose
or use, quality, productiveness or capacity; Tone Commander, to
the extent permitted by law, hereby disclaims all such other
warranties.
- Limitation of Liability –
Tone Commander does not accept liability, including but not
limited to any liability for product not being available for use,
lost profits, loss of business, loss due to service provisioning,
loss due to technical support or lack of support, or loss due to
corrupted firmware. Tone Commander will not be liable for any
consequential, special, indirect, or punitive damages, even if
advised of the possibility of such damages, or for any claim by
any third party. Buyer agrees that for any liability related to
the purchase of a product, Tone Commander is not liable or
responsible for any amount of damages above the amount invoiced
for the applicable product.
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(800)
524-0024