TERMS AND CONDITIONS
These terms and conditions govern the sale of Products and the provision of
services by Hill City Electronics LLC and affiliates ("Seller"). These terms
and conditions take precedence over Buyer’s supplemental or conflicting terms
and conditions to which notice of objection is hereby given. Acceptance by
Buyer is limited to and conditioned upon Buyer’s assent to these terms and
conditions. Neither Seller’s commencement of performance or delivery shall be
deemed or constituted as acceptance of Buyer’s supplemental or conflicting
terms and conditions. Buyer’s acceptance of the Products and/or Services from
Seller shall be deemed to constitute acceptance of the terms and conditions
contained herein. THESE TERMS AND CONDITIONS MAY ONLY BE WAIVED OR MODIFIED IN
A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
Offer
Listings on this website are not an offer to sell goods; rather, they are
advertisements to receive offers. All orders are subject to review and
acceptance by Seller. As all prices are subject to change, your order may not
be accepted or we may have to communicate price changes or availability issues
to you after you place your order.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of
our offer to sell. Seller reserves the right at any time after receipt of your
order to accept or decline your order for any reason. Seller reserves the right
at any time after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. We may require additional
verifications or information before accepting any order. All orders are
non-cancelable and non-returnable.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product, Seller
shall have the right to refuse or cancel any orders placed for product listed
at the incorrect price. Seller shall have 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 Seller shall immediately issue a credit to your credit card
account in the amount of the charge.
Limitation of Liability
In no event shall Seller or any of its affiliates be liable for any indirect,
special, incidental or consequential damages including but not limited to loss
of use, loss of data, or loss of business or profits.
Warranty Limitations
There are no other express warranties or conditions respecting the items sold.
Implied warranties, if any, are limited to the duration of the express warranty
provided herein. Seller in no way warrants that the components sold will work
in the buyer’s application. All items are sold on the basis of being “as is”
ALL SALES ARE FINAL.
Shipping and Title of Ownership
Seller will use reasonable efforts to ship products on the dates specified in
Seller’s acknowledgement. Products will be packed in Seller’s standard
containers and marked for delivery to the address on Buyers Purchase Order. All
shipments are F.O.B. Seller’s point of shipment at which time risk of loss and
title pass to Buyer. All freight, delivery and other shipping expenses are born
by the Buyer. All Products are subject to 6% PA sales tax.
Force Majeure
Seller shall not be liable for its inability to secure sufficient quantities of
any Product or failure to deliver due to causes beyond Seller’s reasonable
control including, but not limited to, acts of God, natural or artificial
disaster, riot, war, strike, delay by carrier, shortage of Product, acts or
omissions of other parties, acts or omissions of civil or military authority,
Government priorities, changes in law, material shortages, fire, strikes,
floods, epidemics, quarantine restrictions, acts of terrorism, delays in
transportation or inability to obtain labor, materials or Products through its
regular sources, which shall be considered as an event of force majeure
excusing Seller from performance and barring remedies for non-performance.
Seller may, at its option, cancel the remaining performance, without any
liability or penalty, by giving notice of such cancellation to Buyer.