Colamco Inc. Terms and Conditions of Sale
Entire Agreement
Any agreement for the purchase of goods and/or services from Colamco shall be
governed by and is made subject to these Colamco Inc. Terms and Conditions of
Sales Policies stated below (collectively, the "Agreement"). This
Agreement constitutes the entire agreement between the parties relating to the
products and services provided by Colamco to Customer. This Agreement may not
be amended or modified except when customer and Colamco have signed a separate
agreement, in which case the separate agreement will govern. Colamco may, at
its sole option, revise the Agreement from time to time without notice to
Customer by posting the revised Agreement terms on its web site. By ordering
any product or service via this Site, you signify your acceptance of this
Agreement, as it may be amended or supplemented from time to time. Changes to
this Agreement will be effective when posted. Prices and availability
are subject to change without notice.
Data Accuracy
Colamco obtains content data from distributors, manufacturers, and content
providers. While Colamco makes every effort to ensure the accuracy of this
data, this web site may include technical or typographical errors. Product
images do not necessarily represent the actual product. Colamco reserves the
right to make changes to such data and this web site at any time. Colamco Inc.
makes no warranty of any kind with respect to the data on or obtained from this
web site, or the accuracy of advice given by Colamco employees, whether or not
such advice is made in writing. Typographical, product description, pricing and
other errors are subject to correction by Colamco even after orders and/or
payments are accepted. Additionally, Colamco may make pricing changes needed to
avoid material profit losses due to manufacturer price changes, changing market
conditions or product discontinuation, even after orders and/or payments are
accepted.
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. COLAMCO reserves the right at any time after receipt of your order
to accept or decline your order for any reason. COLAMCO 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. All placed orders
must obtain pre-approval with an acceptable method of payment, as
established by our credit and fraud avoidance department. We may require
additional verifications or information before processing any order.
Payment Terms, taxes, and other charges
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Until accepted by Colamco, orders are not binding upon
Colamco. Terms of payment are within Colamco’s sole discretion. Invoices
are due and payable within the time period specified on the invoice, measured
from the date of invoice issue. Colamco may invoice parts of an order
separately. Customer agrees to pay interest on all past-due amounts at the
lower of one and one-half percent (1 1/2%) per month or at the highest rate
allowed by law. Customer is responsible for, and will indemnify and hold
Colamco harmless from, any applicable sales, use or other taxes associated with
the order. Customer must claim any exemption from tax at the time of purchase
and provide the necessary supporting documentation. Any sales, use or other
applicable tax is based on the location to which the order is shipped. In the
event of a payment default, Customer will be responsible for all of Colamco’s
costs of collection, including but not limited to court costs, filing fees and
attorney’s fees.
Sales Tax
Colamco collects sales taxes for the states of California, Florida, Georgia,
Maryland, Massachusetts, Tennessee, Virginia, Texas, Washington D.C and Colorado. If you are tax exempt from California, Florida,
Georgia, Maryland, Massachusetts, Tennessee, Virginia, Texas, Washington D.C or Colorado, please fax or email a copy of your sales tax
certificate. Without a valid copy of your certificate, we are unable to waive
the sales tax collection. Please note that we are not able to waive sales tax
for California and Massachusetts.
Delivery
Products purchased on this web site will be delivered f. o. b. from
Colamco’s warehouses or any of Colamco’s suppliers that are shipping
directly to the customer on behalf of Colamco. The risk of loss shall pass
to the customer when the product is delivered to the transportation carrier,
regardless of who is responsible for transportation charges and terms of
shipment. Colamco and our suppliers are not responsible for any damages during
shipment. Colamco will use its best efforts to meet the delivery time stated
at the time of order placement. Under no circumstance will Colamco guarantee
product delivery at the stated time of order placement, nor are we
responsible for any damages caused by the failure to meet the delivery time.
Products
Purchased for Export
Colamco ships product only within the United States. If products are being
purchased for purposes of export, customer is responsible and must obtain
from the U.S. government certain export documentation before shipping to a
foreign country. Some manufacturer’s warranties are valid only in the U.S.
and may be invalid and void in a foreign country. Electrical and other
standards vary from country to country; US product may be damaged if used
with the incorrect electrical standards.
Resale
Products are available for purchase for Buyer's own personal use or to give
as a gift, only. Resale of Products purchased under these Terms is expressly
prohibited. This resale prohibition is a material condition to Buyer's
rights under these Terms, and it is agreed that any direct or indirect
distribution, transshipment and/or sale of Products by Buyer or others
purchasing through Buyer will be a material breach of these Terms and will
result in irreparable harm to Colamco for which money damages will not be
adequate. In the event of such breach, the parties agree that Colamco, in
addition to any other remedies it may have at law and/or in equity,
will be entitled to injunctive relief to prevent any threatened or continued
breach, and to specifically protect and enforce this provision.
Warranties
Colamco is not the manufacturer of the products purchased by customer from
Colamco. In purchasing the product, the customer is relying of the
manufacturer’s specifications only and is not relying on any specifications,
statements, photographs or other illustrations produced by Colamco. All
products and or services provided by third parties are provided on an "as-is"
basis, and Colamco makes no warranty with respect to such third party
products or services. All products are subject to their respective
manufacturers warranties and Colamco, its employees
and representatives, to the fullest extent of the law, specifically disclaim
any and all implied or expressed warranties relating to the products
purchased on this web site, including but not limited to implied warranties
of merchantability, completeness, correctness, non-infringement, or fitness
for any particular purpose.
Governing Law and Venue
This Agreement, the entire relationship between you and Colamco, and any litigation
or other legal proceeding between you and Colamco (whether grounded in tort,
contract, law or equity) shall be governed by and construed in accordance with
the laws of the State of Florida, without giving effect to its choice of law
rules.
Last Updated
12/03/2009
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