TERMS AND CONDITIONS
Controlling Conditions - The sale of goods by PDU Cables is subject to all of the terms and conditions as listed on the PDU Cables web site www.pducables.com INCLUDING TERMS LIMITING WARRANTIES, all of which are accepted by Buyer upon accepting a quote or placing an order, PDU Cables' terms and conditions supersede Buyers' order form, if any, and constitute the entire agreement between the Buyer and PDU Cables.
Taxes - Any taxes which PDU Cables may be required to pay or collect under any existing or future law upon or with respect to sale of goods described in this the terms and conditions shall be the responsibility of Buyer who shall promptly pay the amount thereof to PDU Cables upon demand.
Terms and Method of Payment - Where PDU Cables has extended credit to Buyer, terms of payment shall be as stated on the quote and invoice. The amount of credit may be changed or credit withdrawn by PDU Cables at any time. Pro rata payments are due from Buyer as shipments are made by PDU Cables. If shipments are delayed to Buyer, payments are due from the date when PDU Cables is prepared to make such shipments. PDU Cables reserves the right to file Preliminary Lien Notices, Notices of Intention to Lien of Material Suppliers' Mechanics Liens in accordance with local statutes to retain its legal rights to payment.
Delivery - The goods shall be delivered FOB from PDU Cables’ warehouse and title thereto and liability for loss and damage in transit or thereafter shall pass to Buyer upon PDU Cables’ delivery of goods to a common carrier for shipment to the Buyer, unless specified otherwise in the quote issued by PDU Cables for the specific goods or order. Claims for damages in transit must be asserted against the carrier. Within ten (10) days after receipt of shipment, Buyer must report any shortage or damage not due to the carrier; otherwise claims for such shortage or damage will be deemed waived. PDU Cables reserves the right to make delivery in installments and the Buyer’s order shall be severable as to each such installment.
Delays in Delivery - PDU Cables is not responsible for delays in delivery resulting from acts of God, failure of its supplier to ship or deliver on time, failure of its chosen freight or delivery services, or any other circumstances beyond PDU Cables' reasonable control. In no case shall PDU Cables be liable for any consequential, indirect, special, exemplary, or punitive damages arising from any delay in shipment or delivery.
Liability - PDU Cables' liability and Buyer's exclusive remedy for any tender of nonconforming or defective Goods or breach of warranty, is expressly limited to PDU Cables' choice of (A) the repair of nonconforming of defective Goods; (B) the replacement of nonconforming or defective Goods with conforming Goods at the FOB point set forth herein, or (C) the repayment of that portion of the purchase price reprsented by nonconforming of defective Goods. Such repair, replacement or repayment will be made only upon return of the alleged nonconforming or defective Goods, which may be returned at PDU Cables' cost only after inspection by PDU Cables and receipt by Buyer of definite shipping instructions from PDU Cables. PDU Cables shall not in any event be liable for any increased construction or manufacturing cost, lost profits, loss of goodwill, or any incidental, consequential, indirect, special, exemplary, contingent, or punitive damages for (A) any breach of contract or warranty, strict liability or otherwise; (B) the tender of defective or nonconforming Goods; (C) breach of any other provisions of the terms of sale or these terms and conditions; or (D) any claim of any kind arising out of or relating to any Order or PDU Cables' performance in connection therewith. In any event, PDU Cables' liability to Buyer shall not exceed the purchase price of the Goods on which such liability is based. Buyer assumes all other liability for any loss, damage or injury to persons or property arising out of, connected with or resulting from the use of the Goods, either alone or in combination with other products.
Fitness for Intended Purpose - All PDU Cables are custom made to Buyer's specifications. As such, PDU Cables makes no representations as to their fitness for their intended purpose or compliance with local, regional or national electrical codes. Buyer accepts sole responsibility for the specifications of the Cables and their compliance with applicable electrical codes. PDU Cables sells this product with the understanding that the Buyer will perform all necessary tests to determine the sutability of this product for the end user's intended application.
Contingencies - PDU Cables shall not be responsible for any failure to perform due to causes beyond its control. These causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, accident, acts of a public enemy, war or rebellion, insurrection, sabotage, epidemic, quarantine restrictions, labor disputes, labor shortages, transportation embargoes or failure or delays in transportation, and inability to secure raw materials or failures of machinery for the manufacture of PDU Cables products, acts of God, acts of federal government or any agency thereof, acts of any state or local government or agency thereof, and any judicial action, all whether foreseen or unforeseen.
Limited Lifetime Warranty - PDU CABLES WARRANTS THAT THE POWER CABLE ASSEMBLIES AND AIRGUARD PRODUCTS SOLD AND DELIVERED BY PDU CABLES TO BUYER SHALL BE FREE FROM DEFECTS IN QUALITY, WORKMANSHIP AND MATERIAL UNDER NORMAL USE AND SERVICE FOR LIFE (SEE EXCLUSIONS BELOW) THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL POWER CABLE ASSEMBLIES AND ELECTRICAL PRODUCTS MUST BE INSTALLED BY A LICENSED ELECTRICIAN IN COMPLIANCE WITH NEC CODES.
PDU Cables’ Limited Warranty excludes circuit breakers, and any products other than power cable assemblies and AirGuard products. All excluded products are warranted to be free of defects in quality, workmanship, and materials for a period of one (1) year from the date of delivery. The warranties do not cover damages due to accidents, abuse or improper installation.
Under no circumstances will PDU Cables be liable in any way for damages including lost revenue or profits, or indirect, incidental, collateral or consequential damages arising out of the use of, or inability to use, such product.
The Buyer indemnifies PDU Cables, its affiliate companies, parent companies, successors and assigns from and against any and all losses, damages, and expenses (including Attorney’s fees) which PDU Cables may sustain or incur as a result of any claim of negligence, breach of warranty or strict liability in tort in connection with the use of the goods furnished hereunder, except such as maybe wholly caused by the negligence of PDU Cables.
Buyer's Warranty - Notwithstanding any other provision contained herein or any other obligation of Buyer hereunder, Buyer, upon acceptance of goods furnished hereunder, warrants that Buyer, its Successors, assigns, agents and employees are industrial users of such goods and possess the knowledge and expertise to install and use the same in accorance with (i) accepted industry standards (ii) all applicable laws, (iii) prudent safety practices and (iv) operating manuals or other instructions provided by PDU Cables, if any.
Changes - Buyer’s order shall not be cancelled, changed or reduced in amount, nor any deliveries suspended by Buyer without PDU Cables’ prior written consent.
Non-Waiver of Default - Each shipment made under any order of Buyer shall be treated as a separate transaction, but in the event of any default by Buyer, PDU Cables may decline to make further shipments without in any way affecting its rights under such order. If despite any default by Buyer, PDU Cables elects to continue to make shipments, its actions shall not constitute a waiver of any default by Buyer or in any way affect PDU Cables’ legal remedy for such default.
Law - The validity, construction and performance of these terms and conditions or any sale made hereunder shall be governed by the laws of the State of Minnesota applicable to agreements made within such state, and any legal proceedings will be venued in teh state or federal courts located in teh state of Minnesota. Buyer waives all claims based on lack of jurisdiction and irrevocable submits to the jurisdiction of the state or federal courts located in the state of Minnesota.
Subsidiaries, and Affiliates - PDU Cables may be acting hereunder on its own behalf or as agent for any one or more persons or companies subsidiary to or affiliated with PDU Cables. This order may be performed and all rights hereunder against Buyer may be enforced by (i) PDU Cables; or (ii) any one or more persons or companies subsidiary to or affiliated with PDU Cables; or (iii) a third party designated by PDU Cables; (iv) in part by PDU Cables and in part by one or more of said subsidiaries affiliated persons or third parties.
Time for Bringing Action - Any action against PDU Cables for breach of warranty, breach of contract or otherwise against PDU Cables related to the order to which PDU Cables terms and conditions relates must be commenced within one (1) year after the cause of action has accrued.
Return of Goods - NO product(s) can be returned unless written permission and Return Merchandise Authorization (RMA) has first been obtained from PDU Cables.
WEBSITE TERMS AND CONDITIONS
Copyright – This web site is copyright 2016 – PDU Cables. Any copying, re-transmission, redistribution or publication of any material posted on this web site is strictly prohibited without prior express written consent of PDU Cables.
Trademarks – All product and company names mentioned in this web site belong to their respective owners.
Limitation of Liability – In no event shall PDU Cables, its employees or related parties be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any other party arising from the access to or use of this web site or any linked web site or the information contained within.
Links – This web site contains links to other web sites over which PDU Cables has no control. The inclusion of any link does not imply endorsement by PDU Cables of the site, or the site’s products and services.
Dangerous Software – PDU Cables does not intentionally distribute software designed to deliberately cause errors in a system. It is your responsibility to take precautions to ensure that whatever you download is free from such items as viruses, worms, Trojan horses and other items of a destructive nature.
Site Modification – PDU Cables reserves the right to make changes to its web site, policies, and terms and conditions of use at any time.