SABRE COMMUNICATIONS CORPORATION EXCLUSIVE ON-LINE CATALOG TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, CONDITIONS AND PRICING, YOU MAY NOT PLACE AN ORDER FOR PRODUCTS LISTED IN THIS ON-LINE CATALOG.
BY CLICKING ON THE BUTTON MARKED "I AGREE" BELOW OR PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND INTEND TO BE LEGALLY BOUND BY THEM.
BY CLICKING THE "I AGREE" BUTTON, I HEREBY REPRESENT AND WARRANT THAT I AM AN AUTHORIZED REPRESENTATIVE OF THE CUSTOMER AND HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE PROVISIONS OF THESE TERMS AND CONDITIONS.
By clicking the "I DISAGREE" button, I do not agree to the terms and conditions and will not attempt to place an order with SABRE COMMUNICATIONS CORPORATION.
The following are the exclusive terms and conditions applicable to the sale of the goods described in this on-line catalog ("Products") by Sabre Communications Corporation and its Sabre Site Solutions Division ("Sabre"). The person or company agreeing to these terms and conditions and placing an order shall be referred to as "Customer." By placing an on-line order with Sabre, Customer agrees that Customer's Purchase Order, Order Acknowledgment or other form, e-mail or notice is for convenience only and all terms and conditions stated thereon that conflict with the following are void and of no effect. This on-line catalog does not provide for the ordering of services, special drawings, or product evaluations from Sabre; if Customer is interested in any of these types of services, please call Sabre Site Solutions at 1-866-428-6937.
Orders. Sabre reserves the right to decline any order prior to the issuance of a notice of confirmation by Sabre. If Sabre declines an order, Sabre will send notice thereof to the e-mail address provided when order was submitted. Sabre shall not be liable for declining all or any part of an order or the failure of e-mail notification. All orders are subject to availability. In the event Products are back ordered, Sabre reserves the right to make partial shipments. Sabre processes orders immediately after being submitted; therefore, the order is binding upon Customer when submitted. If Customer inadvertently places an order, Customer must call Sabre's customer service representatives (1-866-428-6937) within one (1) hour, unless the order is placed on or after 5:00 PM CST, in which case Customer must call Sabre's customer service representatives on or before 9:00 AM CST the next business day, to advise Sabre that the order was placed in error, otherwise the order shall be deemed to be binding upon Customer. Credit card authorization is performed immediately after order is submitted. The order will be charged to the credit card upon acceptance.
Prices and Taxes. Sabre's prices shall be as stated in this on-line catalog and in the Order Acknowledgement. Prices do not include excise, sales, use, privilege, import/export duties or any other tax, duty or assessment which may be imposed on the Products. Appropriate taxes shall be added to the invoice for the Products unless Customer shall have provided Sabre with an exemption certificate with respect to such taxes. Sabre reserves the right to correct any errors in this catalog. Customer may decline any correction that increases the price to Customer and that Product will be deleted from the order.
Payment. Payment shall be only via a Sabre-approved credit card. Sabre currently accepts MasterCard, Visa, American Express and Discover.
Delivery. Delivery shall be f.o.b. Sabre's delivery point(s). In the event Products are back-ordered, Sabre reserves the right to make partial shipments. Shipping dates will be assigned as close as practicable to Customer's requested date based on Sabre's then-current lead times for the Products. Any Products which are placed under a "hold order" for more than five (5) days by Customer for any reason will be subject to a 3% per month storage charge in addition to the purchase price until the Products are released by Customer.
Inspection. Unless otherwise indicated in writing on the bill of lading on delivery, Customer agrees that the contents of the shipment arrived in good condition and there was no shortage or discrepancy in the Products received.
Delays. Sabre shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control, including, without limitation, lack of cooperation or assistance by Customer, labor difficulties, fire, accident, act of the public enemy, war, public disturbances, sabotage, transportation delay, shortage of raw material, energy, or machinery, or act of God, government or the judiciary or disruption caused by a third party that materially impairs Sabre's performance hereunder.
Product Returns. Prior written authorization from Sabre is required for all returned Products which Sabre may decline in its sole discretion. Requests for return authorization must be received by Sabre within sixty (60) days of original shipment. When a Product return is authorized by Sabre, it must be received within fifteen (15) days of the date the return material authorization number ("RMA") is issued by Sabre, bear the RMA number, be shipped freight prepaid to a destination of Sabre's choice, and be in new and unused condition. All returned Products are subject to a restocking charge of 25% of the purchase price unless the Products are returned due to a defect, in which case no restocking charge shall apply. Only Products specifically approved by Sabre will be considered for return. Sabre will not accept returns of special or custom Products, hardware items, safety climb systems or other items that Sabre determines cannot be resold.
Customer Product Selection and Use Responsibilities. Customer represents and warrants to Sabre that Customer possesses all necessary expertise to properly select, install and/or use the Products or that Customer has secured the services of a competent professional with respect to the foregoing. Customer agrees to be responsible for all claims, losses, expenses, fines, penalties, damages, demands, judgments, actions, causes of action, suits and liability caused by Customer's improper selection, use, installation or dealings with the Products.
Exclusive Warranty & Remedy for Products. Sabre's exclusive limited warranty is that the Products, under normal use and service, will comply with the description in this on-line catalog in all material respects and be free of defects in materials and workmanship when delivered. The warranty period is one (1) year from date of delivery of the Products. In the event Sabre determines that the Products do not conform with this warranty, Customer's exclusive remedy shall be, at Sabre's option and expense: (i) Sabre shall correct any material defect; (ii) Sabre shall furnish a replacement Product; or (iii) Sabre shall refund the price paid to Sabre for the Product promptly following Sabre's receipt of the returned non-conforming Product (freight prepaid by Sabre) within thirty (30) days of the discovery of the discrepancy during the warranty period. Sabre is not responsible for labor costs involved in the removal or reinstallation of such Product. These warranties shall be effective only if the Products are installed and maintained in accordance with best industry-standard practices and Customer regularly (not less than semi-annually) inspects and properly maintains the Products. The above warranty applies only to Products manufactured by Sabre. Products not manufactured by Sabre are warranted only to the extent and in the manner warranted to Sabre by the manufacturer of such items and then only to the extent Sabre is able to extend such warranty to Customer.
DISCLAIMER. THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SABRE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF SABRE HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOING. IN NO EVENT SHALL SABRE'S LIABILITY ON ANY CLAIMS FOR DAMAGES ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF CUSTOMER'S DIRECT DAMAGES OR THE PRICE PAID BY CUSTOMER FOR THE PRODUCTS.
Waiver. There shall be no waiver by course of dealings or performance. To be effective against either party, any waiver must be in writing and signed by the waiving party.
Notices. Customer agrees to promptly provide written notice by certified mail to Sabre at 2101 Murray Street, Sioux City, Iowa 51111 U.S.A. of any suspected breach by Sabre of these terms and conditions, including the specifics of any claim of breach or for damages and to provide Sabre with a reasonable opportunity to investigate and cure any curable matter. In order to bring an action against Sabre for damages, Customer must give notice to Sabre of any claim for damages within six (6) months of the date the claim arises. No claim of breach of these terms and conditions shall be made by Customer unless and until all uncontested amounts owed by Customer have been paid to Sabre.
Disputes. The parties agree that any controversy or claim (whether such controversy or claim is based upon statute, contract, tort or otherwise) arising out of or relating to any Products, on-line order placed with Sabre, any performance or dealings between the parties, or any dispute arising out of the interpretation or application of these terms and conditions or any dealings between Sabre and Customer and/or their respective directors, managers, partners, officers, employees or agents, which the parties are not able to resolve, shall be resolved by a single arbitrator pursuant to the Construction Industry Arbitration Rules of the AAA then in effect and shall be conducted in Sioux City, Iowa, U.S.A. The arbitrator will have the authority to grant injunctive relief in a form similar to that which a court of law would otherwise grant. Judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction thereof. The arbitrator will be mutually chosen from a panel of licensed attorneys familiar with the subject matter of these terms and conditions having at least fifteen (15) years of professional experience and will be appointed within thirty (30) days of the date the demand for arbitration was sent to the other party. Discovery will be permitted in accordance with the Federal Rules of Civil Procedure of the United States of America. If an arbitration proceeding is brought pursuant to these terms and conditions, the prevailing party will be entitled to recover reasonable attorneys' fees, costs and necessary disbursements incurred in addition to any other relief to which such party may be entitled except that, by the express agreement of the parties, the arbitrator shall not have the power to award incidental, consequential, special, indirect, punitive or exemplary damages. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce award or to comply with legal or regulatory requirements. Before making any such disclosure, the party intending to make the disclosure shall give the other party written notice of such intention and shall afford the other party a reasonable opportunity to protect its interests, which such period shall not be less than twenty (20) days from the non-disclosing party's receipt of the aforementioned written notice. The parties agree that all parties necessary to resolve the claim shall be the parties to the same arbitration proceedings. Appropriate provisions shall be included in all other contracts of Customer relating to the Products to provide for the consolidation of arbitration.
REJECTION OF U.N. CONVENTION, ETC. THE PARTIES AGREE THAT THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, THE UNIFORM ELECTRONIC TRANSACTIONS ACT, ANY STATUTORY ADOPTIONS OR EQUIVALENTS OF THE AFOREMENTIONED ACTS AND CONVENTION, AND ANY OTHER LAWS OR REGULATIONS OF ANY STATE OR COUNTRY RELATED TO ELECTRONIC CONTRACTS, ELECTRONIC SIGNATURES, OR ELECTRONIC RECORDS SHALL NOT APPLY TO THE PARTIES, THE PRODUCTS, ANY ORDER OR ORDER ACKNOWLEDGEMENT.
Revisions to Catalog. Sabre reserves the right to make revisions to this catalog without notice.
Entire Agreement. These terms and conditions constitute the entire agreement between Sabre and Customer and may only be modified by a written instrument executed by an authorized officer of both parties. All proposals, negotiations and representations (if any) made prior, and with reference to the subject matter of these terms and conditions, are merged herein. Neither Sabre nor Customer shall be bound by any oral agreement or representation, irrespective of when made.
ACCEPTANCE: IF YOU AGREE TO ALL OF THE PROVISIONS, YOU MUST CLICK "I AGREE" IN WHICH CASE THIS WILL BE A LEGAL CONTRACT BETWEEN SABRE AND CUSTOMER.
(I AGREE) I HEREBY REPRESENT AND WARRANT THAT I AM AN AUTHORIZED REPRESENTATIVE OF THE CUSTOMER AND I HAVE READ, UNDERSTAND AND, ON BEHALF OF THE CUSTOMER, I AGREE TO BE LEGALLY BOUND BY THE PROVISIONS OF THIS AGREEMENT.
REJECTION: IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS, YOU MUST CLICK "I DISAGREE" IN WHICH CASE NO ORDER WILL BE SUBMITTED TO OR ACCEPTED BY SABRE.
(I DISAGREE) I do not agree to these terms and conditions and will not attempt to place an order with SABRE COMMUNICATIONS CORPORATION.
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