Terms & Conditions
Before proceeding to our Rebuild Request Form , you must check the accept terms & conditions box at the bottom of this page.
1. Offer; Acceptance. These terms and conditions (these
"Terms") are deemed part of all quotations, acknowledgments,
invoices, purchase orders and other documents, whether electronic or in
writing, relating to the sale of products or services (collectively, the "Products")
by Preferred Contractors Board Repair ("PCBR"). PCBR hereby objects
to any terms or conditions proposed in Buyer's purchase order or other
documents which are inconsistent with, or in addition to, these Terms.
2. Prices; Payment. All prices stated are current, subject
to change without notice by PCBR. Buyer agrees to pay the price in effect at
time order is received. Payments for Products received are due at time of
shipment unless otherwise stated in the invoice. Accepted methods of payment
are VISA/MasterCard, Discover or by PCBR account in good standing.
(a) Bench
Fees. A nominal bench fee will apply to any products
sent to PCBR for repair that are deemed by PCBR to be beyond economical repair. BENCH CHARGE $35.00 FOR DIAGNOSIS OF ANY NON-REPAIRABLE BOARD, RETURNED OR NOT.
(b) No Problem
Found (NPF) charges.
All Products received by PCBR that undergo analysis and testing will be charged
at full price whether or not a problem can be found. It is the Buyer's
responsibility to verify a problem exists with the part before sending it to
PCBR for repair.� However, if a fault between multiple Products cannot be
determined, those Products should be sent in and PCBR will charge only for the
part that is defective. Products meeting the conditions of warranty will not be
charged. All products subject to NPF charges receive full warranty coverage
under the terms of the applicable PCBR warranty.�
3. Currencies. All prices quoted herein are in U.S.
dollars.
4. Governmental Approvals. Buyer shall be responsible for, and
shall bear all costs involved in, obtaining any government approvals required
for the importation or sale of the Products.
5. Taxes. All taxes, duties and other governmental charges
required to be collected directly or indirectly for the manufacture,
production, sale, delivery, importation, consumption or use of the Products
sold hereunder (including customs duties and sales, excise, use, turnover and
license taxes) shall be remitted by Buyer.
6. Financial. If the financial position of Buyer at any time becomes
unsatisfactory to PCBR, PCBR reserves the right to stop shipments or require
satisfactory security or payment in advance. If Buyer fails to make payment or
otherwise comply with these Terms or any related agreement, PCBR may (without
liability and in addition to other remedies) cancel any unshipped portion of
Products sold hereunder and stop any Products in transit until Buyer pays all
amounts, including amounts payable hereunder, whether or not then due, which
are owing to it by Buyer. Buyer shall in any event remain liable for all unpaid
accounts.
7. Cancellation; Etc. Orders are not subject to rescheduling or cancellation
unless Buyer indemnifies PCBR fully against all costs or expenses arising in
connection therewith.
8. Force Majeure. PCBR shall not be liable for any
delay or failure in delivery resulting from causes beyond its control,
including earthquakes, fires, floods, strikes or other labor disputes, shortage
of labor or materials, accidents to machinery, acts of sabotage, riots, delay
in or lack of transportation or the requirements of any government
authority.
9. Shipping;
Delivery. Unless otherwise expressly
requested by Buyer and agreed by PCBR:
(a) All Return for
Repair (All "RFR") Products inbound to PCBR for repairs are FOB
PCBR�s dock. No inbound RFR shipping costs or risk of loss while in-transit to
PCBR will be borne by PCBR;
(b) All sales and
shipments of Products shall be FOB PCBR (unless otherwise stated in writing by
PCBR), at which point title to and all risk of loss of the Products shall pass
from PCBR to Buyer, provided that PCBR shall retain a security interest in the
Products until the full purchase price is paid by Buyer;
(c) Outbound Shipments
of RFR parts shall be by a carrier and method selected by PCBR where freight
costs for deliveries to the continental U.S. will be paid by the customer.
Costs for shipments outside the continental U.S., for special carriers and/or
for special delivery options selected by the Buyer will be at an additional
cost to the Buyer. Outbound Shipments for all other services shall be by a
carrier and method selected by PCBR;
(d) Such carrier
shall act as the agent of Buyer and delivery to such carrier shall constitute delivery
to Buyer;
(e) All shipping and
delivery dates are estimates only.
(f) PCBR
will package Products as it deems proper for protection against normal handling
and extra charges apply to special conditions.
10. Claims. Any claim by Buyer against PCBR for shortage or
damage to the Products must be presented in writing to PCBR within 30 days of
receipt of shipment.
11. Warranties.
(a) PCBR's
exclusive warranty is that the Products will be free from defects in materials
and workmanship when used according to professional norm, standards and
practices. The warranty is for a period of six months from the date of
return shipment for residential applications and ninety days from the date of
return shipment for non-residential applications (e.g. commercial and industrial
applications) or such other period expressed in writing by PCBR. All
residential and non-residential application installations must be completed by
a licensed appliance or electronic contractor to qualify for a warranty.
Individual homeowners or do-it-yourselfers are not qualified for a warranty
from PCBR. PCBR disclaims all other warranties, express or implied.
(b) PCBR
shall not be liable for the suitability or unsuitability or the results from
the use of Product in combination with any electrical or electronic components,
circuits, system assemblies, or any other materials or substances or
environments. Any advice, recommendations or information given orally or in
writing are not to be construed as an amendment or addition to the above
warranty.
(c) Limitations. PCBR makes no warranty
or representation, express or implied, about non-infringement, merchantability
or fitness for a particular purpose of the Products. Buyer acknowledges that it
alone has determined that the Products will suitably meet the requirements of
their intended use. PCBR further disclaims all warranties and responsibility of
any type for claims or expenses based on infringement by the Products or
otherwise of any intellectual property right.
(d) Buyer
Remedy.
PCBR's sole obligation hereunder shall be to repair or replace the
non-complying Product or, at PCBR's election, to repay or credit Buyer an
amount equal to the PCBR applicable repair or selling price of the Product. In
no event shall PCBR be responsible for warranty, repair, indemnity or any other
claims or expenses regarding the Products unless PCBR's analysis confirms that
the Products were properly handled, stored, installed and maintained and not
subject to contamination, abuse, misuse (including but not limited to incorrect
wiring, assembly or connection to a defective system component) or
inappropriate modification. Return of any Products by Buyer must be approved in
writing by PCBR before shipment and must be in the form originally shipped with
Buyer responsible for labor charges for removal or replacement thereof.
12. Limitation on Liability; Etc. PCBR shall not be liable for
special, indirect, incidental or consequential damages, loss of profits or
production or commercial loss in any way connected with the products, whether
such claim is based in contract, warranty, negligence or strict liability. Further, in no event shall liability of PCBR exceed the individual price of the
Product on which liability is asserted.
13. Indemnities. Buyer shall indemnify and hold
harmless PCBR, its affiliates and its employees from and against all
liabilities, losses, claims, costs and expenses (including attorney's fees and
expenses) related to any claim, investigation, litigation or proceeding (whether
or not PCBR is a party) which arises or is alleged to arise from Buyer's acts
or omissions under these Terms or in any way with respect to the
Products.
14. Precautions on
Specifications and use.
(a) Suitability
for use. PCBR
shall not be responsible for conformity with any standards, codes or
regulations which apply to the combination of the Product in Buyer's
application or use of the Product. Buyer shall be solely responsible for
determining appropriateness of the particular Product with respect to Buyer's application, product
or system. The Buyer is responsible to know and
observe all prohibitions of use applicable to this product.
(b) Programmable
Products. PCBR shall not be responsible for the user's programming of a programmable
Product, or any consequence thereof.
(c) Never use the product for
an application involving serious risk to life or property without enduring that
the system as a whole has been designed to address the risks, and that the
product is properly rated and installed for the intended use within the overall
equipment or system.
15. Miscellaneous.
(a) Waiver. No failure or delay by
PCBR in exercising any right and no course of dealing between Buyer and PCBR
shall operate as a waiver of rights by PCBR.
(b) Assignment. Buyer may not assign
its rights hereunder without PCBR's written consent.
(c) Law. These Terms are
governed by Texas/Illinois law (without regard to conflict of law principles).
Federal and state courts in Texas/Illinois shall have exclusive jurisdiction for
any dispute hereunder.
(d) Amendment. These Terms constitute
the entire agreement between Buyer and PCBR relating to the Products, and no
provision may be changed or waived unless in writing signed by the parties.
(e) Severability. If any provision hereof
is rendered ineffective or invalid, such provision shall not invalidate any
other provision.
(f) Setoff. Buyer shall have no
right to set off any amounts against the amount owing in respect of this
invoice.
16. �Errors and
Omissions. All information in this document has been carefully checked and is believed to be accurate;
however, no responsibility is assumed for clerical, typographical or
proofreading errors, or omissions.
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