Terms and Conditions

SCOPE. An order constitutes an agreement between Certified Communication Solutions and Buyer when accepted in writing by Certified Communication Solutions. Any of the terms and conditions of Buyer’s order, which are in any way inconsistent with or in addition to the Terms and Conditions of Sale, or in the Agreement referenced on the terms of this acknowledgment, if any, shall not be binding on Certified Communication Solutions unless expressly accepted in writing by an Officer of Certified Communication Solutions. If an agreement is referenced on the face of this acknowledgment, the terms and conditions set forth in that Agreement shall be controlling. This agreement shall be held in force for this order and all respective future orders. To receive timely services Client must provide safe and timely access to premises as applicable.
PRICES. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Prices will be those in effect on the respective sales order dates. Written or verbal quotations are subject to daily changes and expire at the end of the day that they are made unless otherwise agreed to by Certified Communication Solutions in writing.
TAXES AND OTHER CHARGES. The amount of any present or future transfer, sales, revenue, excise, customs or other duties or taxes, or any other charges imposed on or measured by any transaction between Buyer and Certified Communication Solutions shall be added to the prices quoted or invoiced and shall be paid by Buyer, except those taxes or charges specifically itemized and included in the total price on the face hereof; or in lieu thereof Buyer shall provide Certified Communication Solutions with a tax exemption certificate acceptable to the authorities imposing the same.
PAYMENT DEFAULT. Buyer agrees to pay for the Goods/Services and any shipping or other charges in full within net 30 terms or as otherwise specified by Certified Communication Solutions Technology Group Credit Department (terms commence upon delivery). In addition to all other remedies Certified Communication Solutions has under applicable laws, in the event of Buyer default, Certified Communication Solutions shall have the right to finance charges upon the unpaid balance at the principal percentage rate of 18% (1.5% per month). Buyer shall also pay all costs of collection including without limitation, attorney’s fees. If in Certified Communication Solutions’ opinion the financial condition or actions of Buyer at any time indicate that payment for goods ordered may not be received, Certified Communication Solutions may discontinue shipment and require payment in advance. Further, in such circumstances Certified Communication Solutions shall have the right at Buyer’s expense, to repossess all Goods which may be stored with Certified Communication Solutions or Buyer for Buyer’s account, without the necessity of taking any other proceedings, or after such proceedings as may be required by law. Buyer acknowledges that all the merchandise so repossessed shall be the property of Certified Communication Solutions. No setoffs will be allowed.
DELIVERY. Shipping dates are approximate and based upon prompt receipt of all necessary documents from Buyer and will be set in a commercially reasonable manner to meet the Buyer’s requirements. In the absence of specific instructions, Certified Communication Solutions might exercise its discretion in the method of shipment. Delivery dates are the dates the products are shipped from Certified Communication Solutions unless otherwise noted. Certified Communication Solutions will attempt to meet the delivery schedule of the Buyer’s request. However, time will not be of the essence for any delivery schedule. Delivery will be FOB shipping point (origin). All transportation and shipping charges will be paid by Buyer. Buyer assumes title and all risk of loss from the time the products are delivered to a common carrier or placed in the possession of United States Mail, as the case may be.
DELAYS IN PERFORMANCE. Certified Communication Solutions shall not be liable for any delay in performance hereunder due to unforeseen circumstances or due to causes beyond its control including, but not limited to, acts of nature, acts of government labor disputes, delays in transportation, and delays in delivery or inability to deliver to Certified Communication Solutions suppliers.
ACCEPTANCE OF GOODS/SERVICES. Buyer shall examine all goods/services delivered immediately upon receipt and shall be deemed to have accepted said goods/ services as conforming unless Certified Communication Solutions is notified to the contrary within ten (10) days of the time of receipt of Buyer.
WARRANTY. Certified Communication Solutions warrants that the merchandise to be delivered will be of the kind and quality described. The manufacturers’ warranty for goods/services shall pass to the Buyer such that the Buyer will realize the original manufacturers’ warranty. This warranty is exclusive and it is in lieu of any implied warranty of merchantability, fitness for a particular purpose or other warranty of quality whether express or implied, except the warranty of title and against patent infringement, Certified Communication Solutions shall not be liable under any circumstances for any indirect or consequential damages to a party whatsoever.
RETURN OF GOODS. Goods may not be returned for any reason unless expressly authorized by Certified Communication Solutions, and, if so returnable, they may be returned only under the conditions set forth herein. If such return is permitted by Certified Communication Solutions, Buyer shall receive written authorization and a handling charge of 20% or higher of the sales price of the Goods returned (including taxes and other charges) shall be paid by Buyer. Goods returned without written authorization shall be refused: risk of loss for all goods returned to Certified Communication Solutions shall at all times be upon the Buyer during shipment, and all replacement shipments to Buyer shall be made only under the provisions of paragraph 5 above.
SHIPPING DAMAGE. All claims will be made within 48 hours of receipt. Buyer to store product as received until items damaged can be inspected by carrier.
INTELLECTUAL PROPERTY. Certified Communication Solutions owns preexisting intellectual property (IP) that Certified Communication Solutions supplies and all new IP developed in connection with delivery of services.
INDEMNIFICATION AND COOPERATION. Buyer shall hold Certified Communication Solutions harmless and indemnify Certified Communication Solutions against any claim, loss, cost, damage or liability suffered, paid or incurred by Certified Communication Solutions in connection with any claim for personal injury, property damage or any other type of damage, which may be made, threatened or alleged against Certified Communication Solutions by any person resulting from or in connection with (a) any violation of law, regulation, rule, order or restriction of any governmental authority by Buyer, Buyer’s customers, or the end user of the Goods/Services, in the resale or use, (b) any improper use of the Goods/Services by Buyer, Buyer’s customers, or the end user, or (c) any alteration by Buyer, Buyer’s customers, or the end user without prior written authorization from Certified Communication Solutions. In the event of any recall, inspection, testing, replacement or correction of the Goods/Services, whether required by the manufacturer, governmental authority or otherwise, related to any actual or alleged infringement of any United States or foreign patent, copyright or similar common or civil law or civil law right of a third party, Buyer will cooperate and assist Certified Communication Solutions in seeking recourse from the manufacturer/provider in question. Buyer acknowledges that Certified Communication Solutions has no liability with respect to such infringement issues and that all such liability shall be borne solely by the manufacturer/provider of the Goods/Services in question.
CANCELLATION. Suspension or modification by Buyer. These terms and Buyer’s order as indicated on the face hereof can be cancelled, suspended or modified only with Certified Communication Solutions’ written consent, and upon terms that will indemnify Certified Communication Solutions against loss arising from such cancellation, suspension or modification.
LIMITATION OF LIABILITY. Certified Communication Solutions shall not under any circumstances be liable to Buyer or any other person for any special, incidental or consequential damages, including, without limitation, damages resulting from use or malfunction of the products, loss of profits or revenues or costs of replacement goods or loss of data. Even if Certified Communication Solutions is informed in advance of the possibility of such damages. Buyer’s recovery from Certified Communication Solutions for any claim shall not exceed Buyer’s purchase price for the product/ services giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise.
APPLICABLE LAW. This instrument and performance hereunder shall be governed by the laws of the State of Kentucky and this instrument shall be considered a contract made in that State. Buyer agrees that it may bring suit against Certified Communication Solutions only in the state of Kentucky, and for purposes of suit against Buyer, submits itself to the jurisdiction of Kentucky. Buyer also agrees that it is responsible for all attorney costs and related costs of such suit for itself and for Certified Communication Solutions.
REGULATIONS. Buyer shall comply with any applicable federal, state and local regulatory requirements.
AEROSPACE BUSINESS UNIT a.) Notify the organization of nonconforming processes, products, or services and obtain approval for their disposition. b.) Prevent the use of suspected unapproved, unapproved, and counterfeit parts. c.) Notify the organization of changes to processes, products, or services, including changes of their external providers or location of manufacture. d.) The right of access by the organization, their customer, and regulatory authorities to the applicable areas of facilities and to applicable documented information, at any level of the supply chain.
ENTIRE AGREEMENT. The terms and conditions hereof, constitute the final and complete and exclusive agreement between the parties, and shall apply to and bind the parties and their respective successors and assigns for all business conducted between the parties unless put in writing and accepted by Certified Communication Solutions.

Terms and Conditions

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