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1. GENERAL
This web site is for open public use. There are no membership fees, subscriptions,
or login's required. Florida Circuit LLC encourages and appreciates
your cooperation in reporting discrepancies and to not misuse or damage any
of the functionality, information or contents of this free service website.
You may not make an offer to buy or sell on this website on behalf of a third-party.
Florida Circuit LLC does not guarantee continuous, uninterrupted or
secure access to our services, and operation of this website. If any provision
of this agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. Headings are for reference
purposes only.
You and Florida Circuit LLC are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this agreement.
2. POSTING YOUR INVENTORY (OEMs and EMS Providers ONLY)
Only OEMs and EMS Providers are eligible to send their list of excess inventory,
which they want to dispose of, to Florida Circuit. All sources of information
will be screened and if not of OEM origin, data will not posted via Florida
Circuit's publicity tools. OEMs are requested to update their excess inventory
list at least monthly or, when inventory quantities change at the OEM location.
Florida Circuit LLC will maintain part availability changes due to
sales by Florida Circuit. This will provide accurate part availability. Failure
to comply with these requirements may result in removal of publications of the
OEMs listings by Florida Circuit, in which case you will be advised of such
action.
Data integrity is the responsibility of the OEM and all data shall be accurate
and truthful. Unless otherwise specified, Florida Circuit LLC only
accepts new products. If products are damaged, used, modified or not in their
original packaging, you need to specify so to Florida Circuit LLC on
your inventory list. It is at the discrepancy of Florida Circuit, whether these
parts are to be posted as available for sale. In the event that a submitted
part is not posted for sale, you may be advised of such.
3. SELLING TO Florida Circuit
As a seller, if you offer to sell a stated quantity of a specific product(s)
at a specified price to Florida Circuit, you will be obligated to fulfill the
transaction. You cannot cancel or modify your offer without Florida Circuit's
consent. Unless specified, substitution of parts is not accepted. Once a purchase
order has been issued to you the seller, you are obligated to ship the product(s)
within 1 working day. Florida Circuit LLC reserves the right to modify
the terms, cancel, or delay the shipment at any time if you fail to meet your
obligations.
Payment for the product(s) will be net 30 days unless otherwise specified and
mutually agreed upon. Florida Circuit LLC will specify the carrier
for shipping. Florida Circuit LLC will pay carrier freight, duty and
carrier handling charges. Florida Circuit LLC is not liable for any
other charges.
You warrant that: you have a good clean title without any encumbrances for each
item, each item has been paid in full by you and that there are no outstanding
liabilities of each item, each item has been handled and stored in accordance
with accepted industry practices, the date codes of each item is accurate, you
are not aware of any defects, non-conformances to the manufacturer's original
specifications, and that each item is new, unused and in it's original smallest
unit packaging.
You are responsible for ensuring product(s) are delivered in the same state
which they were shipped up to reception of goods at Florida Circuit's shipping
destination. Florida Circuit LLC is not liable for damage, loss, condition
of, or performance of product(s) shipped until they have received the product(s).
Florida Circuit LLC reserves the right to return purchased product(s)
within 30 days of product receipt at Florida Circuit LLC for products
which have been found to be non-conforming, non-functional or in breach of your
representations and warranties in this agreement. If items are returned to you,
you will refund, (not credit), Florida Circuit LLC within two (2) days.
4. REQUEST FOR QUOTATION
This section is for public use. Please specify details as requested in the form.
5. BUYING FROM Florida Circuit
By providing a Purchase Order to Florida Circuit, you commit to purchasing a
specific quantity of product(s), at a specified price(s), from Florida Circuit
LLC and you are required to complete the transaction subject to the terms
and conditions stated herein and in compliance with details listed on the subsequent
Florida Circuit LLC invoice.
Florida Circuit LLC may specify whether the product is at their inventory
warehouse or at an OEM location. Florida Circuit LLC has two (2) business
days to confirm availability of the item(s) ordered if they are at an OEM's
location.
Unless otherwise specified Payment of the order in accordance with the invoice
pricing and net terms will be by check, wire transfer or money order in advance
of the shipment if you do not have an approved credit rating at Florida Circuit.
All products are shipped freight collect and duty charges, handling or other
similar charges are the sole responsibility of the Purchaser.
Florida Circuit LLC will provide you with a Waybill number, if requested,
once the shipment has departed our shipping department.
Florida Circuit LLC reserves the right to modify terms prior to shipment,
request payment in advance, delay or cancel any shipment in the event that you
do not fulfill all obligations stated herein and as stated on the Florida
Circuit LLC invoice.
Florida Circuit LLC will not be liable for delays, failure to comply
or performance variations of shipments and/or payments, resulting from any embargos,
natural disasters, wars, acts of God and any other circumstance beyond Florida
Circuit's control. Unless otherwise specified, Florida Circuit LLC
only sells new products.
6. RETURNS
You may return products to Florida Circuit LLC provided you have obtained,
a Return Material Authorization number and the return request is done within
15 days of product shipping by Florida Circuit. Florida Circuit LLC
will not accept items returned without authorization. Returned items must be
in same condition as when it was shipped to you. If you do not return and report
all product problem(s) within the 15 days of shipping by Florida Circuit, you
will be deemed as having accepted the product(s).
Returning of products to Florida Circuit LLC shall be your sole responsibility.
This includes but not limited to, freight, duty, handling and insurance charges.
If the return conditions are met, and Florida Circuit LLC has accepted
the product(s), you will be fully refunded or credited, at the sole discretion
of Florida Circuit, for the purchase price.
7. DISCLAIMER
Except as set forth in this agreement, all items are sold in their “as
is” condition and are being transferred to you without any representation
whatsoever as to their electrical quality or functionality. Florida Circuit
LLC has not electrically tested them for quality or performance. You understand
that Florida Circuit LLC has disclaimed any express or implied warranty,
non-infringement and of merchantability or fitness for any purpose. You further
understand that Florida Circuit LLC shall not be liable under any contract,
incidental, special consequential or punitive damages, loss profits, loss business
or cost of procurement of substitute goods or services in connection with items
you purchase.
8. REPRESENTATION
You represent and warrant and covenant that you are authorized to and have the
right to enter into this agreement and that you neither have made nor will make
any contractual or other commitment which would conflict with your performance
under this agreement. Any of the items Florida Circuit LLC buys or
sells may be subject to export or resale restriction or regulation under US.
Law, and by making an offer to buy from, or sell to, Florida Circuit LLC
any item you acknowledge that you are complying with these laws and will continue
to do so. You acknowledge that the use or export of technology or software contained
in any item may be restricted by the manufacturer or licensor of such item,
technology or software, or by applicable law or regulation, and you agree to
comply with all such restrictions. Florida Circuit LLC 's ability to
complete any transaction is subject to your compliance with applicable law,
including but not limited to U.S Laws and regulations governing the export of
goods and technology. The items sold by Florida Circuit LLC are not
intended for, and by making an offer to buy them you promise that they will
not be used in, life support systems, human implantation, space level products,
military products, nuclear facilities or systems or any other application where
product failure could lead to loss of life or catastrophic property damage.
If you break this promise, you agree that you will pay for any loss, cost or
damage, which may result, to Florida Circuit.
9. INDEMNIFICATION
You hereby agree to release, indemnify, defend and hold harmless Florida
Circuit LLC employees, officers, partners, agents, successors, assignees,
and any owned, controlled and/or affiliated subsidiary, company or corporation
now existing or hereafter constituted, from and against any and all claims,
suits, actions, losses, liabilities, damages and costs, including, but not limited
to, litigation costs, expenses (including but not limited to litigation costs
and expenses and reasonable attorneys' fees) arising out of or which may result
from: (i) the use or the inability to use the service; (ii) the cost of procurement
of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered
into through or from the service; (iii) unauthorized access to or alteration
of your transmissions or data; (iv) statements or conduct of any third party
on the service; (v) any breach by you of any representation, warranty, covenant,
or term of this agreement; or (vi) any act or omission by you, your officers,
directors, employees or agents in any way related to this agreement; or (vii)
any failure by you to comply with any applicable law, rule, order, decree or
regulation; or (viii) any claim for product liability, property damage and/or
personal injury, including death, arising out of or relating to your performance
under this agreement; or (ix) any other matter relating to the service.
10. APPLICABILITY
This agreement is effective for all persons using Florida Circuit LLC
services including the use of the web page. This agreement is not a transfer
or a license of any of Florida Circuit LLC 's rights. By accessing
this website, you expressly acknowledge acceptance of the terms of this agreement.
Any reproduction or distribution of this website's information, by, for, or
to any third party, is expressly forbidden.
11. GENERAL COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your purchase and sale of items.
12. EXTERNAL LINKS
The Site may contain links to websites operated by third parties. Florida
Circuit LLC is not responsible for content located on these sites or for
your time spent with them. Including these links does not imply that Florida
Circuit LLC endorses or guarantees the appropriateness or validity of the
third party sites. Florida Circuit’s use of manufacturer logos and website
links are for reference purposes only.
13. GOVERNING LAW
This agreement shall in all respects be governed by and construed in accordance
with the laws of the State of Florida in the country of the United States of
America. The prevailing party in any legal action or proceeding to enforce this
agreement shall be entitled to recover from the non-prevailing party its reasonable
attorney's fees, and related costs and disbursements, incurred in connection
with such proceeding or the enforcement of this agreement. Both parties agree
to waive trial by jury.
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