Tecal Electronics, LLC ("Tecal") operates this Website ("Site"; i.e., the Website located at www.tecal-electronics.com) to provide online access to information about products available from Tecal (the "Products") and facilitate transactions for the purchase of Products (the "Service").
By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms and Conditions of Use"). By ordering Products, you agree to the Terms and Conditions of Use, as well as the Terms and Conditions of Sale, set forth below. These Terms and Conditions of Use, together with the Terms and Conditions of Sale, are referred to as this "Agreement."
Terms and Conditions of Use
1. Identification. Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact Tecal immediately if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while Tecal strives to protect the personal information and privacy of its users (see Privacy Policy for details), your use of the Site to transmit or store personally identifiable information is at your own risk.
2. Intellectual Property. The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Tecal or its partners, affiliates, contributors or third parties.
Tecal grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that: (1) you only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) if you are a competitor of Tecal, commercial aggregator of data, or other commercial user, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. Tecal reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Site on any other Website or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.
3. Disclaimer of Warranties. Tecal agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties Tecal receives from manufacturers with respect to the Products sold by Tecal to you. Copies of such manufacturers' warranties are available prior to the purchase of products by contacting Tecal. Tecal and its affiliates (the "Tecal Parties"), make no express or implied warranties or representations with respect to any product, or with respect to the site, the service or the content, and the Tecal Parties expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement with regard to the Products, the Site, the Service, and the Content. The Tecal Parties do not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. The Tecal Parties do not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Products are sold on an "as-available" basis. The Site, the Service and the Content are provided "as-is" and on an "as-available" basis.
Your obligations and Tecal's remedies with respect to defective or nonconforming products, are solely and exclusively as stated in this Agreement.
4. Additional Disclaimers. Without limiting the disclaimers set forth in Section 3 above:
a. No Use as Critical Components. Products sold by Tecal are not authorized for use in life safety, life support, life sustaining, surgical, human implant, nuclear, military, or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. You agree to indemnify the Tecal Parties and the manufacturer of the products for all damages that may be incurred due to use of products in these applications.
b. Technical and Design Information. Tecal personnel strive to provide useful and accurate information regarding the Products. Tecal does not, however, guarantee that any information or recommendation provided is accurate, complete, or correct, and Tecal shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Tecal personnel or Site, and any reliance on such information or recommendation is at your sole risk and discretion.
c. Correction of Errors and Inaccuracies. Tecal makes every reasonable effort to ensure the Content is accurate, complete and current. However, the Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Tecal therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Tecal does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Third Party Links. Hypertext links to third party Websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Tecal of the third party, the third-party Website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Tecal is not responsible for the availability of any such Websites and that Tecal does not endorse or warrant, and is not responsible or liable for, any such Website or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Website.
e. Geographic Limitations on Use. Like most Internet Websites, this Site is accessible worldwide. However, not all Tecal products or services are available to all persons or in all geographic locations. Tecal reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
f. Product Display. When available, Tecal attempts to display as accurately as possible the images of the products shown on the Site. However, because the images you see will depend on many factors, including your monitor or printer, Tecal cannot guarantee that the image you see is an exact match of the product.
g. Infringement Disclaimer. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Tecal shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes intellectual property, such intellectual property is provided by Tecal to you subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such intellectual property. Nothing herein shall be construed to grant any rights or license to use any intellectual property in any manner or for any purpose not expressly permitted by such license agreement.
5. Limitation of Liability. In no event shall any of the Tecal Parties be liable to you or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to (I) any product or service provided or to be provided by Tecal, or the use or inability to use the same, (II) the use of or inability to use the Site, the Service, or the Content, (III) any transaction conducted through or facilitated by the Site, (IV) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the Content, (V) unauthorized access to or alteration of your transmissions or data, (VI) statements or conduct of any third party on the Site or the Service, or (VII) any other matter relating to the Products, the Site, the Service, or the Content; even if any of the Tecal Parties has been advised of the possibility of such damages. Subject to the foregoing, in no event shall the liability of any of the Tecal Parties for products exceed the purchase price for the products, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.
If you are dissatisfied with the Site, the Service, the Content, or with the Conditions and Terms, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk.
Any cause of action against any of the Tecal Parties with respect to Products or services must be instituted within one (1) year from the date of purchase or provision of the applicable Products or services.
6. Indemnification. You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by Tecal Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless the Tecal Parties and Tecal's joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by Tecal Personnel, or any violation by you of this Agreement.
7. User Conduct. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. Except as otherwise authorized by Tecal, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. User Supplied Information. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Tecal the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. Force Majeure. Tecal will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, freight, transit or delivery delays, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Tecal's time for delivery or performance will be extended by the period of such delay or Tecal may, at its option, cancel any order or remaining part thereof, without liability by giving notice to you.
10. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Tecal of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, Tecal's Privacy Policy, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, and any subsequent revisions thereto, do not apply to this Agreement. Any Dispute will be venued in a state or federal court situated in Fort Worth, Texas, or Dallas, Texas, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Tecal. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
11. Changes to the Agreement. Tecal may change this Agreement with your affirmative consent. The means of obtaining your affirmative consent to such a change includes, without limitation, by means of a "click-through" amendment to this Agreement that is presented to you and that you accept upon your logging on to use certain services on the Site that require Identification. Tecal may also change this Agreement without your affirmative consent if Tecal provides you with at least seven (7) days' prior written notice. The means of providing this notice includes, without limitation, Tecal providing on the Site's homepage a prominent and conspicuous hyperlink to a webpage that expressly sets forth such changes. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails notifying you of changes to this Agreement and/or other Tecal policies (e.g., the Privacy Policy); you may elect not to receive these e-mails, and thereby waive any requirement of Tecal to provide you with notice of any such changes, by opting out of this default. Notwithstanding any provision of this Agreement to the contrary, Tecal may make changes to this Agreement without notice to comply with applicable laws and such changes shall be binding on you and Tecal. Except as otherwise set forth in this Section, any amendment to this Agreement must be in writing and signed by you and an authorized representative of Tecal.
Terms and Conditions of Sale
All orders placed with Tecal are subject to the terms of this Agreement, including the following Terms and Conditions of Sale. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with Tecal is an offer to purchase our Products. Tecal may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by Tecal until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
2. Quantity Limitations. Tecal may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Tecal may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Tecal will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and monitor a valid email address.
4. Pricing and Product Information. Tecal makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Tecal's acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Tecal, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Tecal will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
5. Payment. Tecal offers the following payment methods:
For United States customers: We offer check, money order, MasterCard, VISA, C.O.D. and prepaid by wire transfer as well as open account credit to qualified institutions and businesses. You are liable for and agree to pay all fees, charges, court costs, collection costs, attorney's fees, and expenses associated with, (I) any check which has been dishonored for any reason by the bank or other institution on which it is drawn, (II) reversal of any payment made to Tecal with any credit card, and (III) all wire transfer processes from initiation of process by you to successful completion of process; in addition, if you are to pay for an order via C.O.D. and the payment is unavailable, insufficient, or in any other way unacceptable upon attempt to deliver the product to you or your company, you are liable for and agree to pay all fees, charges and expenses associated with the return of all product to Tecal. All payments must be made in the currency in which the order was placed.
For Canadian customers: We offer all of the above payment options except C.O.D.
For Other International customers: Except as otherwise provided on the Site, we offer MasterCard, VISA, prepaid by wire transfer, cashier's check in U.S. funds, as well as open account credit to qualified institutions and businesses. Note that money orders can result in significant delays.
Credit Application. To obtain a credit application for open account credit, contact a Tecal representative by:
• calling 800-798-1413 or 817-633-5007,
• faxing your request to 817-649-9402.
Please allow sufficient time for the credit application process. To avoid delay on your initial order you may elect an alternative payment method.
6. Shipping Charges. Except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer, (2) all sales are made FOB Tecal's warehouse, and (3) shipping or freight charges from Tecal's warehouse are prepaid and added to the invoice, billed collect or billed to a third party.
Shipments of excessive weight or size may require additional charges. Tecal will notify you prior to shipment if these conditions exist.
For International Shipments: Availability of ship methods is dependent on the destination country. Except as otherwise provided on the Site, (1) the shipping costs will be prepaid and added to customer's order, and (2) all duties, tariffs, taxes and brokerage fees will be the customer's responsibility.
7. Taxes. Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Tecal charges sales tax unless you have a valid sales tax exemption certificate on file with Tecal. Tecal will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and Tecal is required to pay tax on your purchase, you will reimburse Tecal for the amount of such tax, and Tecal's reasonable expenses incurred in connection with the payment and collection of such tax. Fax your resale certificate and your customer number to 817-649-9402, Attention: Accounting.
8. Late Payments; Dishonored Checks. You are liable for and shall pay Tecal all reasonable costs incurred by Tecal in collecting any past due amount from you, including any and all bank fees and charges, court costs, collection costs, and attorney's fees. In addition, if a check submitted by you to Tecal for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay Tecal $20.00 as a service charge (if the check cannot be redeposited).
9. Out of Stock. If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request.
10. Export Compliance. In addition to the United States and its territories, and when contractually allowed by its suppliers, Tecal accepts international orders. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.
11. Freight Damage. You understand and agree to indemnify, defend and hold Tecal harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages) for any and all damage upon merchandise during or as a result of transit or delivery of merchandise.
If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact the appropriate freight or delivery company immediately to initiate a claim.
12. Return Policy. Except as stated above, in most cases Tecal will accept merchandise returns subject to the terms outlined in this Section and will replace the Product or refund your money.
To facilitate processing of returned merchandise:
• You must contact a Tecal representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product.
• For all returns not relating to manufacturers' warranties, returns must be made within 15 days of date of invoice, be accompanied by the original invoice number and a brief explanation of the reason for the return, and be in the original, unaltered packaging, and be in resalable, unaltered condition. Returns of product or packaging to which any markings, labels or tags have been added, or to which any damage has been done, or from which any markings, labels or tags have been removed will not be accepted.
• Return freight charge must be prepaid. C.O.D. returns cannot be accepted.
• Products returned due to customer error may be subject to a restocking charge.
• To the extent that Tecal purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
• Product specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.
• Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Tecal representative for details.
By returning a Product to Tecal, you represent and warrant that the returned Product was purchased from Tecal.
© 2010, Tecal Electronics, LLC. All rights reserved.
Contact Information
Please contact us if you have any questions, concerns or comments.
Tecal Electronics, LLC
3209 Avenue E East
Arlington, TX 76011
Phone: 800-798-1413 or 817-633-5007
Fax: 817-649-9402
Email:
sales@tecal-electronics.com
Last Modified: 11/15/2011
Copyright 2010 Tecal Electronics, LLC