Terms of Website Use
Our best effort will always be provided to satisfy your needs. However, it is important that you know our business rules to avoid any misunderstandings. Prices Due to the constantly charging conditions of prices for products listed, all prices may not be current. Prices are net f.o.b. Seller’s named point of origin and to do not include insurance, freight, customs duties, or federal, state, and local taxes. Orders are filled at the prices in effect on the date of order. We may accept or reject any order at our sole discretion.
Freight, Insurance & Other Charges
Shipments are insured at the point of shipment. Should you not want or need insurance, it will be your responsibility to advise this at the time of placing your order. Appropriate state sales tax will be added to your invoice unless an acceptable resale tax exemption certificate is provided.
All shipments are F.O.B. seller’s named point or origin. Title and risk of loss passes to the buyer at seller’s named point. If you do not specify a preference, we will ship "best way".
We ship the majority of orders in 24-48 hours. Out of stock items or non-inventory items will be quoted at the factories current delivery schedules.
Credit & Payment Terms
Prepayments or c.o.d. May be required for all new or non-qualified accounts. Credit terms, net 30, are offered to pre-approved accounts. Credit lines will be determined by our credit department according to credit history, bank and trade references and any other information that we require. We honor MasterCard, Visa and American Express. No advance payments discounts will apply to credit card payments. Prepayment or partial payment will be required for special products or parts orders. A finance charge of 1.5% per month may be charged to all past due accounts. There will be a $50.00 charge for checks returned for any reason. All payments must be made in U.S. Funds drawn on U.S. Banks.
Minimum acceptable order is $50.00 (F.O.B. Point) for all orders.
All returns must be authorized by Hytera America, Inc. in writing and must have the Hytera America return goods authorization label affixed to the carton(s). All returns must be freight prepaid; otherwise they will not be accepted. Returns may be subject to a 20-25% restocking fee. No returns are allowed obsolete, unboxed, mishandled material, or models not appearing in Hytera America current price schedule. Special order products are sold on a non-returnable basis. Under no circumstances will Hytera America be liable for incidental or consequential damages.
Manufactures warranties are provided for most products we sell. Hytera America will assist you in seeking repair or replacement under manufacturer’s warranty. Please contact our technical support department for assistance. Hytera America makes no express or implied warranties including the implied warranties of merchantability of fitness for a particular purpose with respect to any goods service sold to you.
Damages of Shipment
Regardless of your shipping terms, Hytera will assist you if the merchandise is verified as damaged or lost in transit. If this occurs, you must take the following actions:
- Do not accept a parcel that has a visibly damaged product or tampered Hytera package seal until the carrier making the delivery has endorsed the bill of lading with a statement indicating the extent of damage
- If damaged or lost merchandise is "concealed" and found after unpacking, retain all packing material and request that the carrier arrange an inspection
- Weigh the individual package for discrepancy weight verification
- Notify Hytera America immediately of damages so that we can provide you with assistance on the claim with the carrier
Exclusion of Liability for Damage
In no event shall Hytera America be liable to you under any cause of action or claim of any nature whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or economic loss, including but not limited to such losses as:
- Wages paid to employees
- Lost revenue
- Lost use of equipment
- Purchase, lease or other acquisition of replacement, substitute, or temporary equipment, facilities or services
- Cots of capital
- Cost or losses related to downtime
- Manual labor cost
- Any other indirect, incidental, special, consequential, or other similar damages arising out of claim relating to your purchase of goods and/or services from Hytera America, including losses resulting from your general or particular requirements or needs, whether or not Hytera America, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise.
Hytera America liability shall in no event exceed the purchase price of the nonconforming goods or services giving rise to Hytera America liability to you.
Choice of Law, Forum Selection & Amendment
The laws of Florida and California shall govern all dealings between Hytera America, Inc. and Hytera Communications America Inc. (West), and you. Any legal or equitable action of whatever nature brought by you against Hytera arising out of or related in any respect to the agreement or any purchase order, or arising out of any dealing between Hytera and you, shall be brought solely in the applicable US district courts.
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