Terms and Conditions
The Terms and
Conditions of Sale ("Agreement") contained
herein constitutes the entire agreement between LCDSearch.com
Corporation ("World Networking Group") and
you ("Buyer"). LCDSearch.com will not be
bound by any terms of Buyer's order. No form of
acceptance except LCDSearch.com's written
acknowledgment to Buyer, or LCDSearch.com's
commencement of performance shall constitute valid
acceptance of Buyer's order. Any such acceptance is
expressly conditioned on assent to the terms hereof
and the exclusion of all other terms. Buyer shall be
deemed to have assented to the terms hereof, whether
or not previously received, upon accepting delivery of
anything shipped by way of LCDSearch.com. If tender of
these terms is deemed an offer, acceptance is
expressly limited to the terms hereof.
1. PRODUCTS
1.1 "Products" shall mean any products
identified for sale on: (a) LCDSearch.com's website(s);
(b) any of LCDSearch.com's proposals or quotations; or
(c) any of LCDSearch.com's invoices.
2. ORDERS
2.1 Buyer shall purchase products by issuing offers as
issued by an authorized representative, indicating
specific Products, quantity, price, total purchase
price, shipping instructions, ship-to addresses, tax
exempt certifications, if applicable, and any other
special instructions. Any contingencies contained on
such order are not binding upon LCDSearch.com. LCDSearch.com
will accept or reject orders according to its
then-current process. All orders are subject to
acceptance by LCDSearch.com at its corporate
headquarters.
2.2 Each offer made by a Buyer for parts offered
becomes legally binding upon acceptance by the Seller.
Upon acceptance of any offer, Buyer agrees to submit a
Purchase Order for the purchased goods. LCDSearch.com
will contact Buyer to finalize the purchase and
arrange the subsequent shipping of the purchased
goods.
2.3 Once the
buyer agrees to purchase products, the buyer will be
held fully responsible and committed to paying,
in full, any and all fees, taxes, shipping and other
expenses the seller and/or LCDSearch.com has set forth
during negotiation between the buyer and seller.
It is the sole responsibility of the buyer to
investigate the seller prior to actually commencing or
placing a deposit. If at any time the buyer
backs out of the agreement, the buyer will be fully
held responsible for any and all fees, as mentioned
above, and shall lose any and all deposits, unless the
sale is completed as agreed upon by the
seller/supplier and LCDSearch.com.
"Buyer Beware": Protect your
investment and interest prior to placing a deposit or
order.
2.4
If in the event the seller deems it necessary to stop
a pending sale (after the deposit has been paid), the
seller will pay any and all expenses, damage and loss
the buyer and LCDSearch.com may incur do to the
cancellation of said sale. 2.5
If the merchandise purchased is not in the condition
as previously agreed during the initial sales
agreement, P.O., the seller will be held responsible
for any and all shipping, handling, taxes,
replacement, refunds and justifiable
compensation. However the seller is not
responsible for buyer retail lose, only for the cost
of the actual merchandise replacement. 2.6
Deposits are non-refundable. 2.7
Shipping is non-refundable. 2.8
Taxes and duties are
non-refundable. 2.9
Do not deal directly with the seller/supplier, allow
your LCDSearch.com representative to negotiate for
you. Only agree to terms and condition you can
meet. Never accept anyone's word, get it in writing
directly from your LCDSearch.com representative. 2.10
Remember, your LCDSearch.com representatives wants
your experience with LCDSearch.com to be as enjoyable
and profitable as possible. Our mission is
to provide you with the very best service possible, so
never deal direct, always make sure each and every
transaction is handled only by your LCDSearch.com
representative!
3. SHIPPING AND DELIVERY
3.1 Shipping dates will be established by LCDSearch.com
upon receipt of orders from Buyer.
3.2 Shipping terms are FCA LCDSearch.com designated
shipping location. Risk of loss and title shall pass
from LCDSearch.com to Buyer upon delivery to the
carrier or Buyer's representative at the FCA point.
Delivery shall be deemed made upon transfer of
possession to the carrier. Buyer shall be responsible
for all freight, handling, customs charges and
insurance charges. Unless given written instruction, LCDSearch.com
shall select the carrier. In no event shall LCDSearch.com
have any liability in connection with shipment, nor
shall the carrier be deemed to be an agent of LCDSearch.com.
LCDSearch.com shall not be liable for damage or
penalty for delay in delivery or for failure to give
notice of any delay.
3.3 Buyer grants LCDSearch.com a security interest in
products purchased under this Agreement to secure
payment for those products purchased. If requested by LCDSearch.com,
Buyer agrees to execute financing statements to
perfect this security interest.
4. PRICES AND PAYMENT
4.1 Unless otherwise specified, prices for products
are quoted in US dollars and are FCA LCDSearch.com
designated shipping location.
4.2 All stated prices are exclusive of any taxes, fees
and duties or other amounts, however designated, and
including without limitation, value added and
withholding taxes which are levied or based upon such
charges, or upon this Agreement. Any taxes or customs
charges related to products purchased or licensed
pursuant to this Agreement shall be paid by Buyer, or
Buyer shall present an exemption certificate
acceptable to the taxing authorities. Applicable taxes
shall be billed as a separate item on the invoice, to
the extent possible.
4.3 All payments shall be made by a credit card
acceptable to LCDSearch.com, or by other payment
instrument to include ACH-Debit/EFT, wire transfer, or
other such payment instrument approved by LCDSearch.com.
Payment must be made to LCDSearch.com/World Networking
Group prior to delivery. LCDSearch.com may elect to
extend terms on a pre-approved basis only. Unless
otherwise specified, all payments shall be made in
U.S. currency. Any sum not paid by Buyer when due
shall bear interest until paid at a rate of 1.5% per
month (18% per annum), or the maximum rate permitted
by law, whichever is less.
5. WARRANTY AND RETURNS
5.0
Whenever possible, make sure you request and approve
of photos showing the front, back, model number and
condition of the panels and/or ICs that you are
looking for. Once you have approved of the
photos and placed your order there will be no
refunds. It is up to the buyer to make certain
the panels and/or ICs are exactly what you want.
Please understand, there are over 10,000 different
part numbers with different versions, certifications,
compliances sizes and versions and it is not possible
for us or any company to stock and thoughouly test
each variety.
5.1 LCDSearch.com warrants the form, fit, and function
for a period of three (3) days from the date of
purchase to perform in compliance with the
manufacturer's published data sheet. All other
warranties are set forth in the product Manufacturer's
Limited Warranty Statement applicable to and/or
delivered with the Products.
5.2 It is the responsibility of the buyer to
thoroughly inspect and test all product received from LCDSearch.com
immediately upon receipt and promptly notify LCDSearch.com/World
Networking Group of problems. Defective
parts will be handled in accordance with LCDSearch.com's
Warranty and Return Policy as stated in the Buyer
Agreement.
5.3 LCDSearch.com DISCLAIMS ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE.
5.4 In no event shall LCDSearch.com or its supplier's
liability to Buyer, whether in contract, tort
(including negligence), or otherwise, exceed the price
paid by Buyer under this Agreement. The foregoing
limitations shall apply even if the above-stated
warranty fails of its essential purpose.
5.5 IN NO EVENT WILL LCDSearch.com OR ITS SUPPLIERS BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PRODUCT EVEN IF LCDSearch.com OR
ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
5.6 In all cases where a product is returned, Buyer
shall call and obtain a Return Material/Merchandise
Authorization (RMA) number from LCDSearch.com/World
Networking Group within 24 hours of merchandise
receipt.
5.7 For product returned, Buyer is responsible for:
(a) proper packing of products, including description
of the failure; (b) insurance of all packages for
replacement cost; (c) shipment FCA LCDSearch.com
designated reception location; (d) return of products
within five (5) days after issuance of the RMA number;
and (e) shipping costs to LCDSearch.com, and (f)
compliance with LCDSearch.com RMA procedure for all
shipments, as follows: (i) each request to LCDSearch.com
for an RMA number must specify the number, type, and
serial number, if applicable, for each product to be
returned; LCDSearch.com will provide the local RMA
shipment address upon request; and (ii) product sent
back to LCDSearch.com must agree exactly in the
number, type, and serial numbers, if associated with
the RMA transaction. LCDSearch.com, at its option,
will replace the returned product or refund the monies
at the original purchase price of the
product. Shipping costs will not be
refunded.
6. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY
6.1 LCDSearch.com shall have no liability for any
claim, suit or proceeding brought against Buyer based
on a claim that any Product supplied hereunder
infringes any copyright, patent, or other intellectual
property right in the United States or any other
country.
6.2 LCDSearch.com has no liability for any claim based
upon the combination, operation, or use of any product
supplied hereunder with equipment, devices, or
software, or for any claim based upon alteration or
modification of any product supplied hereunder.
6.3 LCDSearch.com SHALL BE HELD HARMLESS FOR
TYPOGRAPHICAL ERRORS APPEARING ON THE LCDSearch.com
WEB SITE TO INCLUDE PART NUMBERING, QUANTITY, OR
PRICING ERRORS.
6.4 THE FOREGOING STATES THE ENTIRE OBLIGATION OF LCDSearch.com
WITH RESPECT TO INFRINGEMENT OF PROPRIETARY RIGHTS AND
LCDSearch.com DISCLAIMS, ALL WARRANTIES OF NON-INFRINGEMENT
WITH RESPECT TO THE PRODUCTS.
7. EXPORT RESTRICTIONS
7.1 Buyer shall obtain all licenses, permits, and
approvals required by any government and shall comply
with all applicable laws, rules, policies and
procedures of the U.S. Government.
7.2 All shipments are sold under INCOTERMS, delivered
duty unpaid (DDU). Buyer shall be responsible for all
VAT (Value Added Taxes), duties, custom charges, and
associated import fees.
8. CONFIDENTIAL INFORMATION
Buyer shall hold confidential and shall not use or
permit others to use any confidential information
identified as such in writing or orally by LCDSearch.com
or information which Buyer knows or has reason to know
is confidential, proprietary or trade secret
information of LCDSearch.com.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING ELSE HEREIN, EXCEPT FOR
CLAIMS OF PERSONAL INJURY OR DEATH, ALL LIABILITY OF LCDSearch.com
AND ITS SUPPLIERS UNDER THIS AGREEMENT OR OTHERWISE
SHALL BE LIMITED TO MONEY PAID TO LCDSearch.com/World
Networking Group UNDER THIS AGREEMENT AND IN THE CASE
OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR
INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR
EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE
PRICE PAID BY BUYER FOR SUCH PRODUCT.
10. CONSEQUENTIAL DAMAGES WAIVER
IN NO EVENT SHALL LCDSearch.com OR ITS SUPPLIERS BE
LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS,
LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, EVEN IF LCDSearch.com OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. GENERAL TERMS
11.1 The validity, interpretation, and performance of
this Agreement shall be controlled by and construed
under the laws of the State of Florida, United States
of America, as if performed wholly within the state
and without giving effect to the principles of
conflict of law. The parties specifically disclaim the
UN Convention on Contracts for the International Sale
of Goods.
11.2 LCDSearch.com shall not be liable for any delay
or failure in performance whatsoever due to acts of
God, earthquakes, shortage of supplies, transportation
difficulties, labor disputes, riots, war, fire,
epidemics, and other occurrences beyond LCDSearch.com's
reasonable control.
11.3 No waiver of rights under this Agreement by
either party shall constitute a subsequent waiver of
this or any other right under this Agreement.
11.4 Neither this Agreement nor any rights under this
Agreement, other than monies due or to become due,
shall be assigned or otherwise transferred by Buyer
(by operation of law or otherwise) without the prior
written consent of LCDSearch.com/World Networking
Group. This Agreement shall bind and inure to the
benefit of the successors and permitted assigns of the
parties.
11.5 In the event that any of the terms of this
Agreement become or are declared to be illegal by any
court of competent jurisdiction, such terms shall be
null and void and shall be deemed deleted from this
Agreement. All remaining terms of this Agreement shall
remain in full force and effect.
11.6 In the event of a breach of this Agreement, the
breaching party shall pay to the other party any
reasonable attorneys' fees and other costs and
expenses incurred by the non-breaching party in
connection with the enforcement of any provisions of
this Agreement.
11.7 Neither party has the right or authority to, and
shall not, assume or create any obligation of any
nature whatsoever on behalf of the other party or bind
the other party in any respect whatsoever.
11.8 This Agreement, including the product warranty
referenced herein, constitutes the entire agreement
between the parties hereto concerning the subject
matter of this Agreement, and there are no conditions,
understandings, agreements, representations or
warranties, expressed or implied, which are not
specified herein. This Agreement may only be modified
by a written document executed by authorized
representatives of LCDSearch.com, World Networking
Group and Buyer.
Thank You from all of us at LCDSearch.com!
|