Terms and Conditions
Prices are based on COMEX copper or LME aluminum listed on the quotation. Prices are subject to copper/aluminum adjustment at the time of shipment in the event that COMEX or LME copper exceeds the quoted base in excess of 10%.
Cancellation after acceptance of an order cannot be made without Seller's written consent and on such conditions as will indemnify Seller against loss for commitments made and work already complete and/or in process.
When Special Make Orders are accepted the entire order must be taken. Special Make Orders cannot be cancelled or modified once accepted and cannot be returned.
Non-Stock & Special Make merchandise is subject to the following tolerances: Total product -0 and Reel lengths +/-10%, or as specified. Exact reel lengths will incur additional charges.
Any shipment schedule is approximate. Seller shall not be liable for any delay in delivery or failure to deliver caused in whole or in part by any reason beyond Seller's control.
Buyer agrees to inspect merchandise for defects and for conformity, and agrees to check material against shipping papers upon unloading at destination. All claims for shortages or defective merchandise must be made by Buyer in writing within seven (7) days of receipt of shipment.
Return merchandise must be full reels or cartons, undamaged and in the original unopened package. Credit will be given for returned merchandise only for full reels of undamaged wire if still in the original package. No merchandise may be returned without the written authority of Seller and receipt of Seller's RMA number. No merchandise may be returned after the expiration of sixty (60) days following the date of shipment. Returns may be subject to a Restocking Fee. Non-Stock & Special Make merchandise will not be considered for return and is not subject to the previous stated return conditions.
No cash refunds. Trade Credit Only. All returns and other proper claims for credit may be applied toward future purchases only or as agreed.
Liability for all taxes imposed by any government authority with respect to the goods herein ordered shall be assumed and paid by Buyer.
Any modification of these Standard Terms and Conditions shall not be binding on Seller unless signed on behalf of Seller by a representative authorized to do so, regardless of whether Seller has commenced shipping of any merchandise ordered hereunder or whether Seller has accepted payments therefore.
The American Wire Group ("AWG") warrants solely to the Purchaser that any brand wire and cable sourced by AWG, or brand AWG cable ("Product") that is supplied to the Purchaser will be free from defects in material and workmanship provided the wire and cable is, employed under conditions contemplated and covered by the design specifications, and provided further that the Product is handled, installed, spliced, terminated, maintained and operated in accordance with industry accepted standards and procedures.
If a Product fails electrically or exhibits physical damage while in service during the warranty period (2 years – see below), the Purchaser shall notify AWG in writing within five (5) days of the discovery of such failure, and shall permit a representative of AWG a reasonable opportunity to inspect the Product and the operating conditions. If it is mutually determined by AWG and the Purchaser that the failure is a result of defective material or workmanship, AWG's sole responsibility under this Warranty shall be to repair or replace the defective Product, the choice of which will be at AWG's discretion. If AWG chooses to replace the defective Product, the new Product will be delivered free of charge to the delivery point called for in the original order. The defective Product replaced under warranty will be returned to AWG to be dispositioned as AWG sees fit.
AWG will not be responsible for any damage or failure caused by the Purchaser or any third party, including without limitation, acts of God.
AWG will not be responsible for any defects or repairs to, or replacement of, adjacent or connected equipment to which the Product may supply electrical power or from which it may take electrical power, or with which it may, in any manner, be associated. AWG will not be responsible for any incidental or consequential damages whatsoever, either direct or indirect, resulting from a failure of the Product.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WARRANTY PERIOD: 2 years from the date that the Product is delivered by AWG to the Purchaser.
Limitations of Liability and Limitations of Actions
In no event shall Seller be liable for any indirect, incidental, special, punitive or consequential loss, damage or expense (which shall be deemed to include without limitation: any loss of profit or revenue, loss of goodwill, loss claimed by end-user's customers, or loss of business opportunity) of any nature or kind, however arising, whether in contract, in tort or otherwise, even if Seller is deemed to be aware of the possibility of such damages. Seller's maximum liability for any claim, loss or damage shall not exceed the purchase price for the cable subject to a claim under any circumstance, even if end-user has claims or is subject to claims in excess of this limitation. Any legal proceeding related to this warranty must be presented within (1) year after the cause of action arises.
Sole and Exclusive Remedy
This document sets forth the Seller's sole and exclusive warranty obligation to the Buyer and the Buyer's sole and exclusive remedy in the event of defective cable.
Choice of Law
The laws of the State of Florida, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to these Standard Terms and Conditions and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement.
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