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1) Priority of Terms and Conditions. Unless otherwise agreed to in writing by Seller, the following terms and conditions are part of Seller’s quotation and shall govern any resulting order. No term or condition stated in any Buyer solicitation, purchase order or contract shall become part of an order or shall otherwise be binding on Seller unless expressly agreed to in writing by Seller. Seller’s failure to object to any term or condition contained in any customer communication shall not be construed as consent to such terms or conditions nor be deemed a waiver of any term or condition set forth herein. All international shipping terms specified herein shall be construed in accordance with the 2000 INCOTERMS published by the International Chamber of Commerce.
2) Commercial Contract. All sales are made in strict accordance with these commercial conditions and prices and shall not be subject to the procurement regulations of the United States Government or of any state, local or foreign government unless agreed to in writing by Seller.
3) Quotation, Prices and Taxes. Prices are subject to change without notice. Sales are priced according to prevailing price at time of order entry. Unless specified otherwise, prices do not include retailer’s occupation, sales, use, privilege, value-added tax, excise or any other tax (except for gross income tax), duty, tariff or assessment which may arise from the sale of the products or services quoted. Such amounts shall be added to the contract price in the event Seller becomes liable to pay or bear the burden thereof. A request for exemption from any such tax, duty or assessment must be accompanied by a properly executed exemption certificate prior to shipment.
4) Shipments and Risk of Loss. Products will be packed, packaged and crated in accordance with Seller’s standard commercial practices. Freight will be paid at time of order. Title to and risk of loss of the products shall pass to Buyer upon delivery to the common carrier. Seller may make partial shipments and submit invoices for such partial shipments in accordance with the payment terms set forth below. International shipments are contingent upon receipt of required United States export licenses.
5) Terms of Payment. Unless otherwise specified payment is due at time of order. If credit is established, payment for orders delivered in the United States is due in US Dollars within 30 days from the invoice date on approved credit, unless otherwise specified by Seller. Orders delivered outside the United States shall be paid in US Dollars by irrevocable letter of credit, by wire transfer or by cash in advance, at the option of the Seller. Orders accepted on other terms shall be due in strict accordance with the terms quoted. Past due payments are subject to a service charge of 1.5% per month (18% annual) on the unpaid balance or the maximum legal rate permitted by state law, whichever is lower. Seller reserves the right in its sole discretion, to reject Buyer’s purchase orders or to withhold shipment of Buyer orders if Buyer’s account is in arrears. Buyer is responsible to Seller for all reasonable attorney fees, court costs, and/or collection agency fees should Buyer default on payment. Buyer acknowledges that Seller retains full security interest in all products until Buyer renders payment in full and upon request agrees to execute any documents necessary to perfect Seller’s security interest. Buyer subject to $50.00 USD fee for all returned checks.
6) Delivery. Seller shall make every reasonable effort to meet Buyer’s requested delivery and performance dates, but shall not be liable for delays due to causes beyond its control, including, but not limited to, acts of God, acts of the public enemy, acts of the United State, its States Territories, or any political subdivision of the foregoing, acts of the Buyer, its employees, agents, or subcontractors, fires, floods, strikes, freight embargoes, unusually severe weather conditions, inadequate transportation facilities or any cause whatsoever beyond the control and without the fault or negligence of Seller, its suppliers or subcontractors, whether similar to or dissimilar from the causes herein enumerated. In the event of any such delay, Seller shall be given a reasonable extension of time within which to complete performance.
7) Final Acceptance. Buyer’s express acceptance of the products, or Buyer’s possession, use or beneficial use of the products for more than 30 days after delivery shall constitute final acceptance and, except as provided in Seller’s warranty below shall waive all Buyer claims of nonconformity of the products.
8) Limitation of Liability. Seller shall not be liable to Buyer for any indirect, exemplary, incidental, special or consequential damages arising from any action for breach of contract, breach of warranty, or for any action based on the tortuous act or omissions of Seller. Buyer acknowledges that such lack of liability includes but is not limited to, loss of actual or anticipated revenue or profits, costs of installation and or removal of products, loss of actual or anticipated value of the business to Buyer, or damage to the business reputation or goodwill of Buyer.
8) Inspections and Equipment Testing. Prices do not include source inspections or product testing and the cost of performing any such tests shall be added to the purchase order price.
9) Assignment. Seller reserves the right to assign, delegate or subcontract any order in whole or in part, to its subsidiaries or affiliates without the prior consent of Buyer. Seller’s subsidiaries and affiliates shall fully comply with Seller’s performance obligations and shall be entitled to assert its rights against the Buyer.
10) Governing Law. An order is valid only when accepted in writing at Seller's main office, 5181 110th Ave. N, Unit D, Clearwater, FL 33760. The resulting contract is deemed as entered into in the State of Florida and its interpretation, construction, and the remedies for its enforcement shall be governed in accordance with Florida Law.
11) Returns. Standard catalog products may be returned for credit provided such products are returned within 30 days after the original shipment date. Products must be new and in Seller’s packing containers. Buyer shall be responsible for any freight cost to return the product. Product must be delivered through track able means. The amount of credit issued for any returned product shall be determined solely by the Seller based on the re-salable condition of the product. Standard catalog products returned for credit after 30 days and before 90 days are subject to a 20% minimum re-stocking charge. Non-standard products, including products specially manufactured in accordance with Buyer’s specifications, may not be returned for credit unless otherwise agreed to in writing by Seller. Buyer shall obtain Seller’s written return goods authorization prior to returning any product for credit.
12) Cancellations. Orders for standard catalog products may be canceled prior to shipment, however any order that has been cut, fitted or packaged prior to Seller’s receipt of cancellation notice shall be subject to a 20% minimum re-stocking charge. Orders for non-standard products or specially manufactured products may be cancelled prior to the start of manufacture provided Buyer reimburses Seller for any actual costs incurred on the order prior to the effective cancellation date. After manufacture commences, orders for non-standard products or specially manufactured products may not be cancelled. In the event Buyer terminates such orders, Buyer shall be liable to Seller for termination charges, including, but not limited, reasonable profits.
13) Shipment Delays/Billing in Place. Upon completion of Buyer’s order, any delay in shipment attributable to Buyer, including, but not limited to Buyer’s request to defer the delivery date, shall cause the following to occur. Thirty (30) days after the original shipment date, a storage charge of 1.5% of the invoice price per month will be billed to Buyer and title to the shipment will automatically pass to Buyer. Seller will invoice Buyer for completed goods and Buyer will pay in accordance with the terms of the original sale, as the goods will be deemed to have shipped in place. Seller will insure against risk of loss until physical shipment of the goods to a common carrier.
14) Change Orders. Buyer change orders must be in writing and no change shall be made pursuant to this clause unless agreed to in writing and signed by duly authorized representatives of Seller and Buyer. If any such change causes an increase or decrease in the cost or the time required for the performance of any part of the work, an equitable adjustment shall be made in the contract price and schedule. Seller shall have no obligation to commence any extra or changed work without written agreement as to adjustments to contract price and delivery schedules affected thereby.
15) Termination. In the event Buyer fails to render payment on any invoice or Buyer’s account is in arrears, or Buyer becomes insolvent enters into bankruptcy or has a receiver appointed to protect its assets, Seller shall have the right without prejudice to any other remedy, to immediately cease manufacture of all Buyer orders and to stop all shipments to Buyer, including stoppage in transit.
16) Warranty. Seller warrants that its products are transferred rightfully and with good title, that its products are free from any lawful security interest or other lien or encumbrance unknown to Buyer. Seller warrants its products to be free of defects in workmanship and materials that arise under proper and normal use and service for a period of twelve years for cable and five years for connectors from the date they are put into service. To request a copy of Eupen’s warranty please contact Eupen at 1-800-419-5100.
17) Damages in Shipment. Regardless of shipping terms, Eupen will assist in situations where merchandise is verified as damaged in transit. If this occurs, please take the following action:
 
  • Do not accept visibly damaged product until the carrier representative making the delivery has endorsed the bill of lading with a statement to the extent of the damage.
 
  • If damage is “concealed” and found after unpacking, retain all packing material and immediately request that the carrier arrange inspection.
 
  • Notify ECU (1-800-419-5100) of damages or missing items within 48 hours of receipt of goods so that we can provide assistance for claim with freight carrier. Please have sales order number available when calling for assistance to expedite claim.
 
  • Send copies of all bills of lading and inspection reports to ECU.
18) Specification Changes. Seller’s product specifications are subject to change without notice to Buyer, provided such changes do not materially affect performance. Title to all materials and information provided by Seller to Buyer, including but not limited to, specifications, drawings, engineering data, and technical designs, shall remain vested in Seller, unless otherwise agreed to in writing by the parties. All such information shall be treated as confidential by Buyer and shall not be disclosed to any third party without the written consent of Seller.
 

     
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800-419-5100
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5181 110th Ave N Unit D,
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