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Terms and Conditions


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Terms & Conditions

PAYMENT DETAILS: We accept all major credit and debit cards including Visa, MasterCard, and American Express. We also accept checks for mail order purchases, but please allow 7-10 days for checks to process before orders are sent out.

SHIPPING POLICY: Penn Elcom Online ships orders in a timely manner using a 3-4 day service by UPS or USPS. If you need faster delivery service, such as overnight or 2-day service, please contact us by phone or email.

RETURNS POLICY: If you are not satisfied with your purchase and the merchandise is unused and in the same condition as purchased, return it for a refund. Penn Elcom Online will refund the cost of the product based on the original form of payment. Returns must also be received within 30 days of purchase. Penn Elcom Online reserves the right to deny any refund or exchange. 

INSPECTION:  Customer shall notify Penn Elcom Online within 7 days of receipt of products regarding errors or omission in shipping including but not limited to shortages in quantity, damaged goods, and unacceptable substitution of goods. Upon the expiration of the 7-day period, the products shall be deemed accepted by the customer. 

SALES TAX: Penn Elcom Online is required to charge applicable state and local sales tax on every item for which sales tax exemption certification has not been provided.

PRICING: In the event that a Penn Elcom Online product is mistakenly listed at an incorrect price, Penn Elcom Online reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Penn Elcom Online reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Penn Elcom Online shall issue a refund to your credit card account in the amount of the incorrect price.

PENN ELCOM LIMITED WARRANTY: ALL PENN ELCOM PRODUCTS SOLD ARE WARRANTED BY PENN ELCOM INC. AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE (1) YEAR AFTER DATE OF PURCHASE FROM PENN ELCOM INC., UNLESS OTHERWISE STATED. ANY PART WHICH IS DETERMINED BY PENN ELCOM INC. TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO A PENN ELCOM BRANCH OR AUTHORIZED SERVICE LOCATION, AS PENN ELCOM DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED, OR REPLACED, AT PENN ELCOM INC.’S OPTION.

WARRANTY DISCLAIMER: NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY PENN ELCOM INC. PENN ELCOM INC. DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, OR MISAPPLICATION. ANY PRODUCT DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. PENN ELCOM INC.’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

ADDITIONAL TERMS:

FORCE MAJEURE: Penn Elcom Online shall not be liable for any delay in or impairment of performance resulting in whole or in part from acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Penn Elcom Online in the conduct of its business.

CANCELLATION: Any cancellation must be approved by Penn Elcom Online and may be subject to charges.

ASSIGNMENT: Customer shall not assign any order or any interest therein without the written consent of Penn Elcom Online. Any actual or attempted assignment without Penn Elcom’s prior written consent shall entitle Penn Elcom Online to cancel such order upon notice to Customer.

OWNERSHIP OF PRODUCT: All merchandise delivered to Customer remains the property of Penn Elcom Online until paid for in full by Customer.

DEFAULT BY CUSTOMER: In the event of any default by Customer, Penn Elcom Online may pursue any legal remedy available to collect all sums owing hereunder, to enforce its title in and right to possession of goods, and to enforce any and all other rights or remedies available to it, under applicable law. No such action shall operate as a waiver of any other right or remedy of Penn Elcom Online under the terms hereof or under the law, generally. All rights and remedies of Penn Elcom Online are cumulative and not alternative, and no waiver of any default shall operate as a waiver of any other default. In the event of nonpayment Customer shall on demand deliver the goods to Penn Elcom Online, and Penn Elcom Online may, without notice of demand and without legal process, enter on Customer’s premises and retake possession of goods on such premises or wherever found. Penn Elcom Online may require Customer to make goods available to Penn Elcom Online that is reasonably convenient to both parties. Penn Elcom Online., on obtaining possession of goods on default, may sell goods or any part thereof at public or private sale either with or without having goods at the place of sale. To the extent lawful, Penn Elcom Online may be a Customer at such sale. The net proceeds of such sale, after deducting all expenses of Penn Elcom Online in retaking, storing, repairing, and selling goods, including reasonable attorney’s fees, shall be credited against the total amount owing by Customer to Penn Elcom Online. in accordance with the terms of this contract. Any surplus shall be paid to Customer or to any other person legally entitled thereto. In event of a deficiency, Customer shall pay the amount of same to Penn Elcom Online.

ATTORNEY’S FEES: In the event that it shall become necessary for Penn Elcom Online to institute legal proceedings to collect any sum due and owing as set forth herein, Customer shall pay to Penn Elcom Online its reasonable attorney’s fees where permitted by law.

LATE FEES: Customer agrees to pay 1-1/2% interest per month on all delinquent amounts. In the event Customer issues an insufficient check, Customer agrees to pay Penn Elcom Online an additional $25.00 service charge.

DETERMINATION AND VENUE: A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this agreement, which shall remain in full force and effect. Venue involving any action in this agreement shall be performed in Orange County, California only.

 

COMPLETE AGREEMENT: The terms and conditions in Penn Elcom Online’s forms, acknowledgements, quotations, invoices and catalog sales terms and conditions are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Penn Elcom Online. No variations from such terms and conditions shall be binding upon Penn Elcom Online.

 

PennElcom Online is a trading name of Penn Elcom Ltd. Penn Elcom Ltd is part of the Penn Elcom group of companies.