Terms and Conditions – Pleasant View Electronics
( www.pv-tronics.com )
- All orders placed with Pleasant View Electronics are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and such terms will be the sole terms governing the order.
- Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with Pleasant View Electronics is an acceptance of Pleasant View Electronics’s offer to sell our Products, subject to availability and pursuant to the terms contained in these Conditions of Order. Pleasant View Electronics, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If we decline to complete your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
- Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Pleasant View Electronics will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of Pleasant View Electronics.
- Pricing and Product Information. With the exception of Products that are designated as Chip Outpost Products, Pleasant View Electronics purchases all Products directly from their respective original manufacturer. Pleasant View Electronics purchases Chip Outpost Products directly from their respective original manufacturer or resellers authorized by the manufacturer.
- Quantity Limitations. Pleasant View Electronics may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Pleasant View Electronics may reject any order, or any part of an order.
- Payment. Pleasant View Electronics offers the following payment methods:
- For United States customers: MasterCard, VISA, American Express & Discover via PayPal Payment card processing or by using your Paypal account for payment. We DO NOT ACCEPT any other form of payment. Full Payment will be made prior to shipment. Payment must be made in the currency in which the order was placed.
- Pleasant View electronics does not ship to any international addresses. We do not ship any packages outside the United States.
- Pleasant View Electronics makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Pleasant View Electronics’s completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Pleasant View Electronics, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Pleasant View Electronics will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
Disclaimer of Warranties:
- When required by law Pleasant View Electronics will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a Customer’s shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless customer is tax exempt and Pleasant View Electronics has a valid signed tax exemption certificate on file. Please contact us if your are a government or educational institute and are tax exempt. We are happy to set you up with automatic tax exemption ordering services.
DELIVERY AND TITLE
- All shipments by Pleasant View Electronics are F.O.B. point of shipment from Pleasant View Electronics’s facility and the amount of all transportation charges will be paid to Pleasant View Electronics by the Customer in addition to the purchase price of the Products. Subject to Pleasant View Electronics’s right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Pleasant View Electronics will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Pleasant View Electronics are estimates only and that Pleasant View Electronics will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Pleasant View Electronics unless specifically designated by Customer. Pleasant View Electronics reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
- If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a Pleasant View Electronics Customer Service representative immediately to initiate a claim.
- In most cases, Pleasant View Electronics will accept merchandise returns subject to the terms outlined in this Section and will replace the Product or refund your money at your option.
To facilitate processing of returned merchandise:
- Please contact Customer Service to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s). You will be given instructions with the obtained RMA number for shipping the returned product.
- For all returns not relating to manufacturers’ warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
- All ESD sensitive devices are NC/NR ( non-cancellable / non-returnable ) and are not be eligible for return or refund. No Exceptions.
- Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
- Products returned solely due to customer error are subject to a 20% restocking charge deducted from refund amount.
- To the extent that Pleasant View Electronics purchases a Product from a manufacturer specifically for you, such Products are deemed Non-Cancelable/Non-Returnable items and are not eligible for return or refund.
- A Mil-Spec Product purchased from Pleasant View Electronics is non-cancelable and non-returnable.
“Not-In Catalogue Items” and parts specified as “Non-Cancelable/Non-Returnable” at time of quote or sale are not returnable, including Products designated as Chip Outpost Products.
- Returns relating to manufacturers’ warranties are subject to the terms and conditions of the applicable manufacturer’s warranty and the applicable manufacturer’s return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Customer Service representative for details.
- By returning any product to Pleasant View Electronics, you represent and warrant that the returned product was purchased from Pleasant View Electronics, is not counterfeit or otherwise non-conforming, and does not violate the Pleasant View Electronics Counterfeit Policy. You also agree that Pleasant View Electronics may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event Pleasant View Electronics determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, Pleasant View Electronics may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.
- Chip Outpost. Chip Outpost Products are excess inventory products. Chip Outpost Products include, without limitation, excess electronic components that are provided directly from the Product supplier or as part of a supplier-authorized channel return from a franchised distributor. Pleasant View Electronics believes that Chip Outpost Products are high-quality; however, these products may include certain imperfections, including, but not limited to, aged date codes, or may have been discontinued and/or obsoleted by the manufacturer. Chip Outpost Products quantities are limited and are not available for backorders. MANUFACTURERS’ WARRANTIES DO NOT APPLY TO CHIP OUTPOST PRODUCTS. ALL SALES OF CHIP OUTPOST PRODUCTS ARE FINAL. If you purchase a Product designated as a Chip Outpost Product, you understand that the Product is obtained by Pleasant View Electronics on a non-cancelable/non-returnable basis; therefore, your purchase of a Product designated as a Chip Outpost Product is Non-Cancelable/Non-Returnable, except for the Chip Outpost Limited Warranty (see Section 16 below).
- No Use as Critical Components. Products sold by Pleasant View Electronics are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY AND DEFEND Pleasant View Electronics AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.
LIMITATION OF LIABILITIES
- IN NO EVENT SHALL Pleasant View Electronics BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from Pleasant View Electronics for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD Pleasant View Electronics HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY Pleasant View Electronics AND INCORPORATED INTO THE CUSTOMER’S PRODUCT.
- NON-CANCELABLE/NON-RETURNABLE PRODUCTS
From time to time, Seller will notify Buyer of a product that is “NC/NR”, (Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale. Buyer understands that “NC/NR” products are obtained by Pleasant View Electronics from the manufacturer specifically for the buyer. Irrespective of circumstances, the buyer agrees that “NC/NR” products may not be cancelled, returned or rescheduled by the buyer without the agreement of both Pleasant View Electronics’s supplier and the written consent of Pleasant View Electronics Electronics. All products purchased by Customers classified by Pleasant View Electronics as an Electronic Component Distributors or Brokers shall be deemed Non-Cancellable/Non-Returnable.
Additional Disclaimers. Without limiting the disclaimers set forth in above:
- Technical Assistance. Pleasant View Electronics offers its technical assistance solely as a convenience to Pleasant View Electronics customers. Pleasant View Electronics strive to provide useful information regarding the Products. Pleasant View Electronics does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Pleasant View Electronics shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Pleasant View Electronics technical assistance, and any reliance on such information or recommendation is at your sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and Pleasant View Electronics does not guarantee that such information or recommendations are accurate, complete or correct.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Pleasant View Electronics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Pleasant View Electronics does not, however, guarantee that any errors, inaccuracies or omissions will be corrected and is not obligated to make such corrections.
- The Terms and Conditions may not be modified or cancelled without Pleasant View Electronics’s written agreement. Accordingly, goods furnished and services rendered by Pleasant View Electronics are sold only on the terms and conditions stated herein.
- The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of Products. Notwithstanding any terms and conditions on Customer’s order, the information and conditions on the Credit Application are controlling over Customer and Pleasant View Electronics.
- Any conflicting statements or terms listed on the Customer purchase orders, invoices, confirmations or other Customer generated documents (“Customer Documents”), whether heretofore or hereafter submitted, are negated by submission of the Credit Application and the issuance of credit by Pleasant View Electronics, and all different or additional terms and conditions contained in any Customer Documents are hereby objected to by Pleasant View Electronics.
- Pleasant View Electronics’s performance of any contract is expressly made conditional on Customer’s agreement to Pleasant View Electronics’s Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by Pleasant View Electronics. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer’s convenience only and shall not be deemed or construed to be acceptance of Customer’s terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall be deemed acceptance by Customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Pleasant View Electronics.
- The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Texas and the applicable laws of the United States.