Terms and Conditions of Business
"Buyer" means the person, firm or company who accepts LINDY's quotation for the sale of the Goods or whose order for the Goods is accepted by LINDY;
"Contract" means the contract for the sale and purchase of the Goods;
"Goods" means the goods (including any installment of the goods or any parts for them) which LINDY is to supply in accordance with these Terms;
"LINDY" means LINDY Computer Connection Technology Incorporated;
"Terms" means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed between the Buyer and LINDY;
"Working day" means Monday through Friday excluding holidays;
"Writing" and any similar expression, includes facsimile transmission and comparable means of communication, including by electronic mail.
2 BASIS OF THE SALE
LINDY shall sell and the Buyer shall purchase the Goods in accordance with these Terms, which shall govern the Contract to the exclusion of any other terms save those specifically agreed in Writing by both parties. No variation to these Terms shall be binding unless agreed in Writing by LINDY. No representations concerning the Goods are binding unless confirmed in Writing by LINDY but nothing in these Terms affects the liability of either party for fraudulent misrepresentation. Any advice or recommendation given by LINDY as to the storage, application or use of the Goods which is not confirmed in Writing by LINDY is followed or acted on entirely at the Buyer's own risk, and LINDY shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, invoice or other document or information issued by LINDY shall be subject to correction without any liability on the part of LINDY. Where specific makes are mentioned in connection with replacement parts it is not implied that LINDY has any association with the original maker. No part of any LINDY publication may be reproduced, stored or transmitted in any form or by any means without the written approval of LINDY. It is acknowledged that all trademarks and trade names mentioned in any LINDY publication or on the LINDY website other than those owned by LINDY are the property of their respective companies/owners.
No order submitted by the Buyer shall be deemed to be accepted by LINDY unless and until confirmed by LINDY which confirmation shall set out the quantity, quality and description of the Goods and any special terms relating to the Contract. The Buyer shall be responsible to LINDY for ensuring the accuracy of any order submitted. The Buyer's telephone calls may be recorded for training purposes and LINDY may refuse to trade with any Buyer at its sole discretion.
4 RETURNS POLICY
The Buyer shall have the right to return the Goods to LINDY for any reason provided that: (a) the Buyer shall have first obtained LINDY's prior consent in Writing to return the Goods (such consent being entirely at the discretion of LINDY) within 7 days of the date of delivery or collection of the Goods; (b) the Buyer shall have first completed and submitted LINDY's 'Returns Merchandise Form' to LINDY within 7 working days from the day after the date of delivery of the Goods; (c) the Goods are clearly marked with the 'Returns Merchandise Authorization number' that the Buyer will be sent by LINDY upon submission of the 'Returns Merchandise Form'; (d) the Goods are in a saleable condition with original packaging and complete with all manuals, components and software seals (if applicable) intact. Goods returned due to an alleged fault where no fault is found by LINDY, or which are returned due to having been ordered by mistake will be subject to a handling and restocking charge of up to 15% of the value of the relevant invoice which shall be deducted from any sum returned to the Buyer in respect of the Goods.
5 PRICE OF THE GOODS
The price of the Goods shall be LINDY's quoted price or, failing which, the price listed on the LINDY website at the date of acceptance of the order. LINDY reserves the right to vary its advertised prices at any time. Prices are inclusive of any applicable value added tax.
Payment can be made by prepayment, credit/debit card, and pre-approved credit. Prepayment methods can be discussed with prior to sale.
All shipments pursuant to this agreement shall be made F.O.B. LINDY’s facility. Unless otherwise agreed, delivery of the Goods shall be made by LINDY delivering the Goods to the address supplied by the Buyer. LINDY shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by LINDY in Writing. In the event of non-delivery of the Goods the Buyer must advise LINDY of such non-delivery in Writing within 7 working days from the date on which LINDY confirmed its acceptance of the order in Writing. In the event of a short-fall in the Goods the Buyer must advise LINDY of such short-fall in Writing within 3 days of receipt of the delivery of the Goods. If the Goods are received damaged, the receipt should be signed "Damaged" and LINDY should be notified within 24 hours of the delivery of the Goods and failure to comply with this requirement may result in your claim for repair, refund or replacement of the damaged Goods being invalidated. If the Buyer fails to take delivery of the Goods or fails to give LINDY adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of LINDY's fault) then, without limiting any other right or remedy available to LINDY, LINDY may: (a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or (b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
8 RISK AND PROPERTY
Risk of damage to or loss of the Goods shall pass to the Buyer at the time and point of dispatch. If the risk and property in the Goods has passed to the Buyer and the Goods are subsequently returned to LINDY for whatever reason, the risk in the Goods will not pass back to LINDY until the Goods are signed for by authorized personnel at LINDY.
9 WARRANTIES AND LIABILITY
All LINDY branded Goods are covered under at least a 2 year warranty from the date of purchase (except for special order Goods which may have more limited warranty period) whereby LINDY warrants that it shall repair, replace (with same or equivalent product) or refund the purchase price on all faulty Goods supplied. This is subject to a claim being made in Writing by the Buyer within the relevant warranty period for the Goods. Any warranty provided by LINDY is subject to the following conditions: (a) the Goods shall have been returned to LINDY by the Buyer at its own cost; (b) LINDY shall be under no liability in respect of any fault arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow LINDY's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without LINDY's approval; (c) LINDY shall be under no liability under any warranty (or any other warranty or condition or guarantee) if the total price for the Goods has not been paid by the due date for payment. LINDY shall not be liable to the Buyer by reason of (i) any representation (unless fraudulent), or (ii) any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of LINDY, its employees or agents or otherwise) which arise out of or in connection with the Contract (including any delay or failure to supply the Goods) or use or resale of the Goods by the Buyer. LINDY shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of LINDY's obligations under the Contract caused by circumstances beyond LINDY's reasonable control, including (but without limitation): an "act of God", explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, or civil disturbance.
10 INSOLVENCY OF BUYER
If the Buyer becomes bankrupt then, without limiting any other right or remedy available to LINDY, LINDY may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
This Agreement shall be deemed to be a contract made under the laws of the State of Alabama and for all purposes will be governed by and interpreted in accordance with the laws prevailing in the State of Alabama, without regard to principles of conflict of laws. To the maximum extent allowed by law, Buyer hereby submits to jurisdiction in the State of Alabama for any action or causes of action arising out of or in connection with this Agreement, and shall waive any and all rights in the laws of any state to object to jurisdiction or venue within Limestone County, Alabama; notwithstanding the foregoing, nothing contained in this paragraph shall prevent LINDY from bringing any action or exercising any rights against Buyer in any other county, state or other jurisdiction. Initiating such action or proceeding or taking any such action in any other state shall in no event constitute a waiver by LINDY of any of the foregoing. If any term or provision of this Agreement shall be invalid or unenforceable to any extent or application, then the remainder of this Agreement shall be valid and enforceable to the full extent and the broadest application permitted by law.
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Connection Technology, Inc.
14327 Bledsoe Rd.
Athens, AL 35613