Coastal Component Industries, Inc. (“CCI”)
TERMS AND CONDITIONS
By accessing or using the Coastal Component Industries, Inc. Website (“Website”), you agree to be bound by the following Terms and Conditions of Sale (“Terms”). CCI reserves the sole right to change these Terms or this Website at any time without notice to you, effective immediately upon posting on this Website. Acceptance of your order for products and services (“Products”) is expressly made conditional on your acceptance of these Terms as they may be modified from time to time notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other document or communication (“Purchase Order”) from Buyer. These Terms may only be waived or modified in a written agreement signed by an authorized representative of CCI.
- Convenience and Information Only: This Website is provided to the user for your information only. CCI does not warrant or represent that the content is accurate, complete, current or free from technical inaccuracies or errors. Not all products, programs or services contained on the Website may be available at all times. Product listings, specifications, availability, and pricing are subject to change without notice.
- Website Use: You may not use, modify, reproduce, distribute or publish any information from the Website without the written authorization of CCI.
- Registration, Privacy and Security: We respect your privacy. CCI never shares or sells your personal information with any third parties. While your personal information including User ID, Password, User Account and Credit Card Information are encrypted and secured via SSL Technology, CCI does not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. The use of this Website or the downloading of any materials is done at your own risk and with your agreement that you will be solely responsible for any possible damage to your computer system from such activities.
- Links to Third Party Websites: Anylinks provided to third-party Websites are provided for your convenience and information only and are not sponsored, controlled or endorsed by CCI. CCI is not responsible for the content or safety of linked websites and any access to third party websites is at your own risk with no warranty by CCI, either express or implied.
- Limitation of Liability and Indemnity: IN NO EVENT WILL CCI BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS IN CONNECTION WITH THE USE OF THIS WEBSITE OR CCI’S PRODUCTS. You agree to indemnify and hold harmless CCI, its officers, directors and employees from and against all claims, expenses, judgments, liabilities, losses, injuries, and damages of every nature (including reasonable attorneys’ fees and incidental costs and expenses) assessed or incurred by CCI arising out of or relating to your failure to comply with or breach of any of these Terms.
- Orders: Orders shall be initiated by Buyer issuing a Purchase Order or otherwise placing an order by electronic means acceptable to CCI. Orders shall identify the Product, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. All orders are subject to acceptance by CCI. No orders for standard products (“Standard Products”) may be cancelled or rescheduled without CCI’s consent, which consent may be given by CCI in its sole discretion. Notwithstanding any provision of these Terms to the contrary, orders for special, custom, value-added, surplus or other non-standard products, including products to be assembled in kit form, products of manufacturers which do not appear on CCI’s line card and work-in-process (individually and collectively, “Non-Standard Products”) shall be non-cancellable and non-returnable (“NCNR”).
- Prices: Prices shall be as specified by CCI and shall be applicable for the period specified in CCI’s quote. If no period is specified, prices shall remain valid for thirty (30) days from the date of the quote. Notwithstanding the foregoing, prices shall be subject to increase in the event of an increase in CCI’s costs or other circumstances beyond CCI’s reasonable control. Typographical errors are subject to correction by CCI. If CCI incurs additional expenses for expedited raw materials, processes or components, the same shall be paid by Buyer to CCI in addition to the price of the Products. All prices are quoted and must be paid in U.S. dollars.
- Taxes: Buyer is responsible for any and all taxes, excise, value-added and similar taxes and charges imposed by any government authority applicable to the purchase of the Products. Where applicable, California State Sales Tax shall be billed as a separate item on your order unless Buyer has a valid sales tax exemption certificate on file with CCI.
- Prototypes and Other Engineered Products Buyer’s acceptance of prototypes, engineering verification samples, design verification samples and manufacturing verification samples shall be evidenced by the signature of Buyer’s authorized representative on the appropriate documents, including engineering drawings. Such acceptance is absolute, and Buyer, by such acceptance, forever releases and discharges CCI and its officers, directors, employees and agents from any and all liability as to the performance, form, fit and function of such Product. CCI guarantees the material and workmanship of the finished product derived from such prototypes and other samples as described above for a period of twelve (12) months from date of shipment, such guarantee subject to Paragraph 5, Limitation of Liabilities, set out above.
- Terms of Payment: CCI accepts credit and procurement cards from American Express®, MasterCard®, VISA® and Government purchase cards for online purchases. Buyer agrees to pay the entire net amount of each invoice pursuant to the terms of each such invoice without offset or deduction. CCI shall be entitled to reimbursement for costs of collection and reasonable attorney fees.
- CCI’s Limited Warranty: CCI warrants to Buyer that Standard Products will conform to the manufacturer’s specifications for such Products and any manufacturer’s warranty will be extended to Buyer. No other warranty, express or statutory (except of title) shall be implied, including but not limited to, warranties of merchantability, suitability or fitness for a particular purpose or use whether or not CCI has been advised of any such use.
- Delivery & Title: CCI only ships merchandise to locations within the United States including Alaska and Hawaii. CCI cannot ship to a P.O. Box. Buyer is responsible for all shipping costs and surcharges. All shipments by CCI are F.O.B. point of origin. The risk of loss and title for all Products ordered from CCI pass to the Buyer when the merchandise is delivered to or picked up by the shipping carrier. Selection of the carrier and delivery route shall be made by CCI unless specified by Buyer in writing in advance. CCI shall use reasonable efforts to initiate shipment and schedule delivery as close as possible to Buyer’s requested delivery dates. Buyer acknowledges that delivery dates provided by CCI are estimates only and that CCI is not liable for failure to deliver on such dates or for delays in receipt of merchandise. CCI reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve Buyer of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Buyer to cancel other installments. Any delivery postponement by Buyer may result in a price change.
Product Returns and Refund Policy: Inspection and acceptance of the Products shall be Buyer’s responsibility. Buyer is deemed to have accepted the Products unless Buyer reports any defects in material or workmanship or discrepancy in shipment quantity within ten (10) days after delivery. Standard Products that have defects in material or workmanship may be returned for evaluation within thirty (30) days of the delivery date.
No merchandise may be returned without a Return Material Authorization (“RMA”) number. Please email us at [email protected] for an RMA number or call us at 714-685-6677 Monday through Friday, 8:00 AM to 4:30 PM Pacific Standard Time and provide a complete description of the nature of the defect. Only Products originally shipped from CCI or from a supplier at CCI’s direction (drop-ship) may be returned to CCI. Returned Products must include all packing materials and documentation including certs along with acceptable evidence of purchase and returned in the manner specified in the RMA.
- Standard Products that are found to be damaged or nonconforming will (1) be replaced or (2) a refund will be issued, at CCI’s sole discretion. CCI shall not be responsible for misuse, neglect, accident, reconfiguration or alteration of the Products by Buyer or others, or improper installation or use in violation of instructions furnished by CCI. Products not eligible for repair or refund will be returned to Buyer, freight collect. Notwithstanding the foregoing, any use of Standard Products by Buyer, its officers, employees, customers, agents or contractors, will constitute acceptance of those Products by Buyer unless Products are claimed to be defective in material or workmanship. CCI’s liability for any claims for damages relating to the Products shall be limited to the purchase price of the Products, and in no event shall CCI be liable for any consequential, special, or incidental damages, loss or expenses, or personal injury, directly or indirectly arising from use of CCI’s Products separately or in combination with any other equipment or material. All replaced Products become the property of CCI.
Non-Standard Products are non-cancelable and non-returnable. With respect to Non-Standard Products and value-added work by CCI that do not meet applicable Buyer’s specifications, CCI’s sole and exclusive liability, and Buyer’s sole and exclusive remedy, will be limited, at CCI’s election, to (1) refund of Buyer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided however, that such Products are returned to CCI, along with acceptable evidence of purchase, within thirty (30) days from date of delivery, transportation charges prepaid.
- Confidentiality: Any information, data or materials provided by either party to the other and designated as proprietary or confidential will be treated by the receiving party as such and will at no time thereafter be used for any purpose other than in connection with the fulfillment of each party’s obligations under the Terms, nor will any such proprietary or confidential information be communicated, disclosed or revealed to any third party without the other party’s prior written consent. Each party will promptly return to the other party all such confidential information, data and materials, and all copies thereof promptly upon the other party’s request.
- Force Majeure: CCI shall not be liable for any failure to fulfill its obligations or for delays in delivery due to causes beyond its reasonable control, including, but not limited to natural disasters, acts or omissions of civil or military authority, Government priorities, fire, strikes, epidemics, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials or utilities through its regular sources. CCI’s time for performance of any such obligation shall be extended for the time period of such delay or CCI may, at is option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer. No penalty of any kind will be assessed against CCI for any such delays in performance.
- Accurate Information: By Registering or ordering Products from CCI, you agree to provide true, accurate and complete information and update this information to keep it current. If CCI has reasonable grounds to suspect that such information is inaccurate, CCI has the right to terminate your User Account and refuse all current and future orders. You are solely responsible for maintaining the confidentiality of your User ID, password and account information. We reserve the right to immediately terminate your account if you share or transfer your account information.
- Termination of Use: Upon termination or suspension of your use of our site for any reason, including but not limited to breach of these Terms, suspected fraud, illegal use or inaccurate information, we may immediately delete your account and bar any further access to your account or the site.
- Notices: Notices to the User will be sent to the email address or mailing address that you supplied when registering or updating your account. Notices to CCI should be sent by email to [email protected] or to Coastal Component Industries, Inc., 133 E. Bristol Ln., Orange, CA 92865.
- Applicable Law: These Terms shall be interpreted and enforced under the laws of the State of California. Any suit or action arising under or related to these Terms shall be brought exclusively in the courts of the County of Orange, State of California. The prevailing party shall pay all parties’ costs incurred, including all court costs and attorney’s fees.
Export Control Law:You may not use or export the Products in violation of U.S. export control laws and regulations, or directly or indirectly export any Products and other related technology and documentation to any third party or country where such export is restricted or prohibited.
- Promotional Mailings: By giving us your email address, we may send you occasional emails for marketing purposes. You may unsubscribe whenever you wish by following the instructions on the email to terminate any further emails.
- Copyright and Trademarks: Trademarks, service marks and logos used and displayed on the Website are the property of their respective owners and may not be used in any manner without the prior written permission of the owner.
- Your Consent to these Terms: By accessing this Website you agree to accept these Terms. If you need any additional information or have any comments, please email [email protected] or contact us as follows:
Coastal Component Industries, Inc.
133 E. Bristol Ln.
Orange, CA 92865