TERMS AND CONDITIONS OF SALE
CAREFULLY READ THE TERMS AND CONDITIONS OF SALE BEFORE USING ANY ELECTRONIC PARTS PROVIDED BY SELLER. RESELLING OR INSTALLING ANY ELECTRONIC PART PROVIDED BY SELLER INDICATES BUYER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF SALE, PROMPTLY RETURN THE PURCHASED ELECTRONIC PARTS TO THE SELLER FOR A REFUND.
1. PURPOSE. These Terms and Conditions shall govern the representations and warranties related to the sale of electronic parts by Allcom Electronics, a Florida Corporation located at 2106 NW 67th Place #15, Gainesville FL 32653 ("SELLER") to the person or entity purchasing the electronic parts, as defined in 48 CFR §202, from SELLER ("BUYER").
2. RESTRICTIONS.
a. FEDERAL SUPPLY CHAIN. BUYER understands that SELLER is in the business of selling new OEM, refurbished and generic new non-OEM electronic parts. Where SELLER indicates that a part is refurbished, in any way, regardless of condition, or where SELLER indicates that the part is a generic new non-OEM product (collectively "Exempt Parts"), BUYER SHALL NOT SELL, RE-SELL, REPACKAGE, INSTALL, OR OTHERWISE CAUSE SUCH EXEMPT PARTS TO ENTER IN TO THE FEDERAL SUPPLY CHAIN.
b. SAFETY SYSTEMS. BUYER SHALL NOT CAUSE SUCH EXEMPT PARTS TO BE USED IN NAVIGATION SYSTEMS, SAFETY INTERLOCKS, OR OTHERWISE SYSTEMS WHICH MAY AFFECT THE SAFETY OF HUMANS.
c. AEROSPACE EQUIPMENT. BUYER SHALL NOT CAUSE SUCH EXEMPT PARTS TO BE USED IN ANY AEROSPACE EQUIPMENT.
3. INSPECTION AND TESTS. All electronic parts have been subject to counterfeit inspection and testing ("Quality Control") by SELLER to the extent practicable.
4. EXEMPT PARTS REPRESENTATIONS AND WARRANTIES.
a. All electronic parts sold by SELLER to BUYER is WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. Any electronic part marked or sold as a "generic" part is not intended to represent the parts source or performance guarantee.
c. SELLER makes no representation that any Exempt Part meets the standards of AS 5553A and AS 6081.
d. BUYER represents and warrants that BUYER shall not enter any Exempt Parts into the Federal Supply Chain, shall not use them in safety interlocks, and shall not use them in aviation or aerospace equipment.
5. LIMITED RETURN/REFUND POLICY. Any electronic part may be returned for a replacement or refund within ninety (90) days of the date of invoice or receipt, provided the part is returned with all original items, is free from physical damage or misuse, and is free from any markings not present when received.
6. LIMITATION OF LIABILITY.
a. LIABILITY EXEMPTION. To the extent permitted by law, SELLER shall not be liable for any loss, claim, damage or liability of any kind arising from the use of any electronic part supplied by SELLER.
b. LIABILITY RESTRICTED. Where law prohibits absolute exemption, SELLER limits its liability to replacing the electronic parts, supplying equivalent parts, or paying the cost of replacement. SELLER's total aggregate liability is limited to the total fees paid by BUYER.
7. INDEMNIFICATION FOR EXEMPT PARTS. BUYER assumes all risk if Exempt Parts are implemented into the Federal Supply Chain or used in safety systems or aerospace equipment, and agrees to indemnify and hold harmless SELLER against any and all resulting claims.
8. GOVERNING LAW. These Terms and Conditions shall be governed by the laws of the State of Florida.
9. SUCCESSORS. These Terms and Conditions shall be binding on BUYER and SELLER and their respective heirs, successors, or assigns, including any subsequent purchaser or end user.
10. MODIFICATION BY COURT ACTION. If any clause is held invalid or unconscionable by a court of competent jurisdiction, the clause shall be modified and the remaining provisions shall not be affected.
Please check our Allcom Part Number Guide for information about our part numbering system.
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