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Stellar Communications LLC's Terms & Conditions
These E-Store Terms and Conditions specifically relate to the purchase of products through STELLAR COMMUNICATIONS LLC'S WEB SITE (the "Stellar Communications LLC Site"), and are hereby incorporated into the Stellar Communications LLC Legal Statement (the "Agreement") and made a part thereof by reference. All other provisions of the Agreement apply hereto. Any capitalized term used but not defined herein will have the meaning ascribed to it in the Agreement.
Price
Price and availability of products offered through the Stellar Communications LLC Site are subject to change without prior notice. All listed prices are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies and similar assessments and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Stellar Communications LLC's net income. All amounts due will be grossed-up for any withholding taxes imposed by any foreign government. Registered Users who have entered into separate written agreements with Stellar Communications LLC may have additional pricing terms, if applicable.
Payment
All of the following payment options are subject to the prior approval of Stellar Communications LLC's credit department.
*Credit Card: Stellar Communications LLC will obtain a pre-approval from the credit/debit card company for the amount of the order at the time you place your order. Credit/debit card billing occurs when your order ships, and shipments will not be made prior to credit/debit card approval as described above. Stellar Communications LLC accepts Visa, MasterCard, and American Express cards. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order.
Freight
In The continental United States, freight is included free of charge, unless otherwise stated in either the product's description or payment screen.
**Due to customs regulations, some items cannot be shipped out of the
United States, but the customer will be refunded and notified if this occurs**
***Unless otherwise agreed upon in writing by Stellar Communications LLC, shipping and handling charges will be added to your invoice, and you will be responsible for all shipping and handling costs on orders outside of the Continental United States. Stellar Communications LLC does not accept COD orders to orders placed via the Stellar Communications LLC Site.***
Quantities
You must purchase products in multiples of the applicable manufacturer’s package quantity (i.e., reel, tube, tray, etc.)rescheduling;
Cancellation
Customers: Orders are for immediate shipment on stock items only, and cancellation and rescheduling of shipments is not allowed.
PayPal Payments: Once a PayPal payment has been received for a order, it serves as a bound contract between customer and 'Stellar Communications LLC' and the order cannot be reversed.
Availability
Stellar Communications LLC will use commercially reasonable efforts to fill each purchase order submitted by you and accepted by Stellar Communications LLC; provided that the purchase order has been properly submitted and such products are available to Stellar Communications LLC. Notwithstanding any other provision of the Agreement, the obligation of Stellar Communications LLC to sell or provide any product to you is subject to the availability of such product. To the extent Stellar Communications LLC provides information on the availability of products, Stellar Communications LLC attempts to be as accurate as possible. However, Stellar Communications LLC does not warrant that product descriptions, product availability or other information on the Stellar Communications LLC Site is accurate, complete, reliable, current, or error-free. Stellar Communications LLC will not be liable for any lack of availability of products you may order through the Stellar Communications LLC Site. Stellar Communications LLC will not be liable for damages caused by failure to ship or delay in shipment resulting from conditions beyond the control of Stellar Communications LLC. Stellar Communications LLC reserves the right to allocate sales of products among its customers in its sole discretion. Some of our products are ordered on a per customer order basis; all of the items listed in our store are always available even if they are not physically in our store, or unless they are labeled "Out of Stock".
Open-Box Products
Some of our products may be open-box items, the products themselves are UN-used and will be treated as new products which will be priced accordingly. Upon purchase of an item from our store you agree to accept these terms.
Practices
With each shipment, Stellar Communications LLC will include an itemized packing list referencing the part number for each ordered product. Stellar Communications LLC may ship orders in installments or from multiple locations if it determines that it is commercially reasonable to do so.Transportation;
Title
Products will be delivered by Stellar Communications LLC to a carrier, FOB Stellar Communications LLC's shipping facility. Title and risk of shipping loss or damage to products will pass to you when the products are delivered to such carrier. The cost of any handling, shipping and insurance arranged by Stellar Communications LLC will be billed as an adder to your invoice and paid by you. You are responsible for any and all costs of customs formalities as well as all duties, taxes and other official charges payable upon importing or exporting the products and you will be responsible for clearing the products through customs upon arrival, unless Stellar Communications LLC notifies you otherwise. You must submit to Stellar Communications LLC all claims for shortages in shipment or notice of other irregularities within 10 days after receipt of such shipment by you.
NCNR Products
Stellar Communications LLC may designate a product as an "NCNR Product". A product is identified as an NCNR Product when the product is added to your cart. Notwithstanding any provision of this Agreement to the contrary, orders for special, custom, value-added and other non-standard products, including products to be assembled in kit form, products of manufacturers which do not appear on Stellar Communications LLC's [line card] [link], works-in-process, and products otherwise identified by Stellar Communications LLC as "NCNR" or "Non-Cancelable and Non-Returnable" (or words of similar import) are "NCNR Products". NCNR Products are non-cancelable and non-returnable.WARRANTIES;
RETURN POLICY
Stellar Communications LLC agrees to assign to you any assignable warranties Stellar Communications LLC receives from the manufacturers of the products sold to you hereunder. The warranties set forth in the immediately preceding sentence are exclusive and in lieu of all other warranties whether statutory, expressed, or implied. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, Stellar Communications LLC EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES BASED UPON COURSE OF DEALING OR TRADE USAGE, AND Stellar Communications LLC WILL HAVE NO OBLIGATION OR LIABILITY FOR THE QUALITY OF THE PRODUCTS.Products to be returned under a manufacturer's warranty claim may be returned either (a) to the product manufacturer pursuant to such manufacturer's warranty and return procedures; or (b) subject to the terms of the applicable manufacturer's product warranty, to Stellar Communications LLC for credit or replacement at Stellar Communications LLC's sole discretion. Prior to returning any product to Stellar Communications LLC, you must obtain a return materials authorization number ("RMA") from Stellar Communications LLC's customer service department. The RMA must appear on all packages returned to Stellar Communications LLC. Stellar Communications LLC will issue an RMA within 10 business days after receiving your request. If Stellar Communications LLC requests or authorizes return of defective or non-conforming products, you are responsible for paying shipping and insurance costs from its location to Stellar Communications LLC; provided that if such return is the result of Stellar Communications LLC's negligence in the filling of such order, Stellar Communications LLC will be responsible for paying such shipping and insurance costs. No returned packages will be accepted without a valid RMA provided by Stellar Communications LLC. As stated above, NCNR Products are non-returnable for any purpose.For the avoidance of doubt, the disclaimers, restrictions, and limitations set forth in the Stellar Communications LLC Legal Statement are incorporated herein and made a part hereof by reference.
USE OF PRODUCTS IN LIFE SUPPORT, NUCLEAR & CERTAIN OTHER APPLICATIONS.
Products sold by Stellar Communications LLC are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If you use or sell products purchased via the Stellar Communications LLC Site for use in any such applications: (1) you acknowledge that such use or sale is at your sole risk; (2) your agree that Stellar Communications LLC and the manufacturer of the products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) you- agree to indemnify, defend and hold Stellar Communications LLC and the manufacturer of the products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
INTELLECTUAL PROPERTY.
If an order includes software or other intellectual property, such software or other intellectual property is provided by Stellar Communications LLC to you subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.
STATEMENTS AND ADVICE.
If statements or advice, technical or otherwise, are offered or given to you, such statements or advice shall be deemed to be given as an accommodation to you and without charge; the ultimate decision regarding any purchase or the selection of any product will be made by you. Stellar Communications LLC will bear no responsibility or liability for such decisions.
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