Cables on Demand ("ACD"), a division of Amphenol Corporation. The term "buyer", refers to the user and/or customer utilizing our website or catalog in order to purchase services or merchandise ("Product"). Buyer will be deemed to have agreed to these Terms and Conditions upon the issuance of a purchase order number and upon acceptance from ACD of said purchase order. All terms are binding unless otherwise agreed by an authorized agent at ACD's home office in Endicott, New York. Terms and Conditions contained in Buyer's purchase order or any other document that are different from, or in addition to, these Terms and Conditions, are objected to and will not be binding on ACD.
ACD will proceed to sell items only if Buyer assents to these Terms and Conditions. All agreements in place between Buyer and all other Amphenol divisions will not apply to Amphenol Cables on Demand.
ACD reserves the right to reject or cancel any order as deemed necessary.
PRICING AND SPECIFICATIONS: Despite our efforts to ensure that our published information is accurate, complete, and current, there may be instances when information about a Product may be inaccurate or incomplete, including data about the Product's price or availability. We make no warranty or guarantee that the information is error-free, complete, or current. We reserve the right to correct errors and/or update the content on our website / catalog at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
SHIPPING AND PROCESSING: All orders are shipped FOB our plant in Endicott, New York. The minimum shipping and processing charge for domestic ground shipments is $6.85. The minimum shipping and processing charge for Canadian ground shipments is $14.88. Orders shipped internationally are subject to a $12.00 processing fee. Unless ACD otherwise specifically agrees in writing, ACD reserves the right to over or under ship the quantities shown on the face of the order by 5% and adjust the price accordingly.
SALES TAXES: Sales tax will be added to all orders that are picked up or delivered. The confirmation of your order total will reflect the applicable tax charge. The only exception to this term will be if buyer provides an "Exempt Use Certificate" when establishing their account.
PAYMENT: All product and services will be billed to buyer's credit card at the time of the order process.
In the event that credit is extended, the product will be invoiced at time of shipment according to the following schedule:
- Unless otherwise specified herein, terms of payment are NET 10 days from the date of shipment of the products or performance of services. Where a discount is available, payment must be received within the specified timeframe to earn that discount.
- In the event Buyer has overdue invoices, ACD reserves the right to cancel any order without obligation or to delay delivery of goods until such time as delinquent invoices are paid in full with appropriate late payment charges.
- All sums owed hereunder shall be due and payable under the terms hereof. Buyer shall not offset said sums against other sums, whether liquidated or not, that are or may be due to Buyer, which arise out of a different transaction with ACD, its parent company, or its divisions, subsidiaries, or affiliates.
- Nothing herein shall waive any other rights and remedies of ACD permitted by law or equity and all rights and remedies set forth herein shall be considered cumulative to all other available rights and remedies.
INSOLVENCY: ACD may cancel the whole or any part of an order in the event of: the suspension of Buyer's business, insolvency of Buyer, the institution by Buyer or others of bankruptcy, reorganization, arrangement of liquidation proceedings involving or affecting Buyer, or any assignment for the benefit of creditors of Buyer or receivership that Buyer places itself in or may be placed in. Such cancellation shall be deemed a cancellation for default of Buyer.
SHORTAGES: Claims for shortages must be reported within 3 business days of receiving the order, otherwise these orders will be deemed as complete.
- ACD warrants that each new product sold hereunder will conform to ACD's specifications or drawings, or will conform to specifications agreed upon in writing by both parties. ACD's sole obligation and liability under this warranty is limited to the repair or replacement at its factory, at ACD's option, of any product which proves to be non-compliant with specifications within a year after the date of delivery to the first end user, which delivery must be made within six (6) months after delivery to Buyer, and such product is confirmed to be non-compliant by ACD's inspection.
Buyer shall inspect and accept any products delivered immediately after Buyer takes custody of such products. In the event the products do not meet the specifications or drawings, Buyer shall notify ACD in writing of such non-compliance and give ACD a reasonable opportunity to correct the non-compliance. ACD shall not be obligated or liable under this warranty for apparent defects or defects which examination discloses are due to tampering, misuse, neglect, improper storage or handling, normal wear, and all cases where the products are disassembled by other than authorized ACD representatives. In addition, ACD shall not be obligated or liable under this warranty unless written notice of non-compliance shall be given to ACD within thirty (30) days from the date such defects are first discovered.
Products for warranty consideration shall be returned to ACD with all transportation charges prepaid in shipping containers that are adequate to prevent loss or damage in shipment.
Products returned to ACD for repair under this warranty remain the property of Buyer and, unless agreed to by ACD, Buyer will not debit ACD for the product value. No Products can be returned without a Return Material Authorization (RMA) number which must be obtained from ACD prior to shipping.
Cables on Demand provide a limited lifetime guarantee against defects and labor on all Ultra Premium Audio Video Cables. We will not, however, be responsible for any incidental damages caused to any equipment. Physical damages to the cable not caused by normal wear and tear will not be warranted. Defective product will be repaired, replaced or credit issued for the original sales value.
All returns must comply with the other requirements in this warranty section.
- ACD DISCLAIMS ANY LIABILITY, WHETHER UNDER THIS WARRANTY OR OTHERWISE, FOR, AND BUYER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS ACD, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ALL EXPENSE, LOSS, ATTORNEYS' FEES, COST, DAMAGES, AND LIABILITY ARISING FROM ANY FAILURE OF ITS PRODUCTS WHICH IS CAUSED BY, IN WHOLE OR IN PART, THE USE IN OR WITH PRODUCTS OR COMPONENT PARTS NOT MANUFACTURED BY ACD, OR BY AN ALLEGED DEFECT RELATED TO DESIGN, LABELING, OR MANUFACTURING SPECIFICATIONS SUPPLIED BY BUYER.
- THE TERMS OF THE APPLICABLE WARRANTY OR WARRANTIES, AS THE CASE MAY BE, AS SET FORTH ABOVE, ARE THE SOLE AND EXCLUSIVE WARRANTY TERMS THAT SHALL HAVE ANY FORCE AND EFFECT IN THIS TRANSACTION, AND SUCH TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREWITH EXPRESSLY EXCLUDED.
- ACD'S LIABILITY FOR ALL CLAIMS, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, RELATING TO THE PRODUCTS SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE PRODUCT. IN NO EVENT WILL ACD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, AND CLAIMS OF THEIR PARTIES), HOWEVER CAUSED, WHETHER BY THE NEGLIGENCE OF ACD OR OTHERWISE.
- BUYERS ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT ALL PRODUCTS PURCHASED UNDER THIS AGREEMENT ARE INSTALLED AND USED IN ACCORDANCE WITH ALL APPLICABLE CODES AND REGULATIONS.
TOLERANCES AND VARIATIONS: All goods being sold to Buyer will be produced in accordance with ACD's standard practices.
RETURNS: Customers wishing to return products must first obtain a Return Material Authorization (RMA) number from an ACD Call Center Representative. This number must be printed on the outside of the package in order for it to be received and processed. Merchandise must be shipped prepaid. ACD will determine if credit will be issued upon evaluation of the product and packaging after it is returned to ACD. Other details concerning returns are as follows:
STOCK ITEM RETURNS: Items ordered in error must have a Return Material Authorization (RMA) number issued within 30 days of the original order. These parts are eligible for credit only if the returned products and packaging are clean, unused, and in a fully resalable condition.
A restocking charge of 15% of the sale price may be charged. Under no circumstances will credit be issued after 30 days from date of invoice. All freight charges are the responsibility of the customer.
DEFECTIVE ITEM RETURNS: All defective items must have a Return Material Authorization (RMA) number.
CUSTOM PRODUCT AND TOOL RETURNS: RMAs will only be issued for Custom Products and tools that are found to be defective.
NOTICES: Any notice to ACD required or permitted hereunder will be deemed to have been effectively delivered if in writing and served by personal delivery to ACD or sent by registered or certified mail with return receipt requested, postage prepaid, to ACD 20 Valley Street Endicott, New York 13760.
CONFIDENTIALITY: Buyer agrees that all information furnished by or obtained from ACD in connection with the sale of items hereunder will be confidential, and Buyer agrees not to (i) disclose any such information to any other person, or (ii) use such information for any purpose other than performing this contract.
TRADEMARKS: All trademarks referenced in this catalog are the service mark, trademark, or trademark of the respective manufacturer.
CALL MONITORING: To ensure quality of service, ACD may monitor incoming and outgoing telephone calls with customers.
PATENT, TRADEMARK AND COPYRIGHT INDEMNITY: ACD shall indemnify Buyer, Buyer's customer, and any end user from any and all damages and costs finally awarded for infringement of any existing patent, trademark, or copyright in any suit by reason of the sale of any products sold to Buyer hereunder where ACD is an infringer with respect to its sale hereunder, provided that ACD is promptly notified in writing of any such suit and Buyer offers ACD full and exclusive control of the defense of such suit when products of ACD only are involved therein and the right to participate in the defense of such suit when products other than those of ACD are also involved, and Buyer fully cooperates with ACD in such defense. This indemnity shall not, however, extend to infringement or claims thereof resulting from ACD's compliance with Buyer's designs, processes, formulas, or approvals, use of the products in a manner to have them become infringing or use of the products alone or in combination with other equipment where the use is the subject of the claim. ACD's liability for damages hereunder is limited to those computed solely on the value of any product sold to Buyer hereunder. In no event shall ACD be liable for special, incidental, or consequential damages or costs applicable thereto. The above indemnity is in lieu of any other indemnity or warranty, express or implied, with respect to patents, trademarks, or copyrights and shall in no event exceed the price paid by Buyer for such products.
GOVERNING LAWS: The laws of the State of New York shall in all respects govern Buyer's purchase of products. All disputes will be heard in Binghamton, NY.
SEVERABILITY: If any provision of this document is in violation of any governmental statute or regulations, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions.
Amphenol [Cables on Demand]
Effective Date: January 1, 2018
1. Personal Data Collection
You are not required to provide any personal data as a condition of using our Website. However, Amphenol will process your personal data when you submit it in the following ways:
- Communications via our Website: We collect personal data when you provide it to us through communications via our Website. This includes where you contact us with an inquiry or request and similar situations in which you have chosen to provide the information to us, including for customer service support.
- Products or Services You Request: Where you request a product, service or information from us, we will collect your personal data in order to process your request and otherwise contact you following an inquiry.
When you communicate with us via our Website or request a product or service, the types of information we may collect from you include: your name, address, contact details including your email address, your telephone number, your country, supporting payment information and the details of your communication or request. Additionally, we may collect the following:
- Information About Your Device: When you use our Website, we will automatically receive technical information, including the name of your internet service provider, the website that you used to link to our Website, the websites that you visit from our Website, the type of device you use, a unique device identifier such as your device IMEI number, MAC address of the device’s wireless network interface, or the mobile phone number used by the device, mobile network information, your operating system and software version number, IP address, the type of browser you use, the country and language code and time zone setting. This information can lead to your identification, but we do not use it to do so.
2. Purposes for Processing your Personal Data
We process your personal data for the following purposes:
· to process any request for a product or service you make;
- administration of an inquiry or other request you make when you contact us via our Website, including for customer service support;
- to continue to develop, test and improve our Website, including to offer new functionality and features;
- to better understand how you interact with our Website, including its functionality and features, and ensure that content is presented in the most effective manner.
We may contact you to tell you about products and services that we feel may be of interest to you or that are similar to those that you have already purchased or enquired about.
Unless you have chosen not to receive our marketing communications, you may be contacted by us, a distributor of Amphenol products, or by one of our selected partners, in each case where you have consented to receive these communications.
You may opt out of receiving our marketing communications at any time by contacting us at [firstname.lastname@example.org] or by using the unsubscribe link in any of our communications.
We will continue to contact you for non-marketing related purposes where we need to issue a field corrective or safety notice, or to where we need to send certain information to you under a legal, regulatory, or ethical requirement.
4. Sharing your Personal Data
Amphenol may share your information with:
- Amphenol affiliated companies, the details of which are listed at: https://www.amphenol.com/contact/locations;
- a prospective seller or buyer in the event of a sale or purchase of any Amphenol business or asset so that the buyer can continue to provide you with information and services;
- data processors that we engage to provide services for us. Where we provide your personal data to data processors, they are required to keep your personal data confidential and secure, and must only use your personal data as instructed by us; and
- our distributors, business partners, or service providers, including for marketing purposes or where you have chosen to share your personal data through various features and functionality provided via our Website.
5. Storing your Personal Data
Your personal data collected via our Website will be stored on servers located in United States It may also be processed by Amphenol staff or by one of our service providers operating in any of Amphenol’s or our affiliates’ locations. This includes individuals engaged in, among other things, administration of an inquiry or request you make via our Website or the provision of support services.
6. Keeping your Personal Data Secure
Please note that the transmission of information via the internet is not completely secure. Although Amphenol will do its best to protect your personal data, we cannot guarantee the security of your information transmitted via our Website and any transmission is at your own risk.
We use the following cookies on our Website:
Essential Cookies: Some cookies serve an essential function and the websites cannot work properly without them. Where such essential cookies are used, they cannot be disabled, without also disabling the related functionality of the Website.
Browser Cookies: Other cookies serve a functional purpose and improve the user experience of the websites. We use browser cookies to tell us, for example, whether you’ve visited us before, and to help us identify site features in which you may have the greatest interest. Browser cookies may enhance your online experience by saving your preferences while you are visiting a particular site so that you do not need to reset them each time you visit the website. Browser cookies cannot identify you as an individual. You can decline any Browser cookie through your browser; however, without Browser cookies you may not be able to take full advantage of all our Website features.
Web Beacons: Some types of cookies collect aggregate information which help us to improve our websites by providing information, for example, on loading errors and the most visited webpages. Certain pages on our site may contain web beacons (also known as Internet tags, pixel tags and clear GIFs). Amphenol uses web beacons to help display content to visitors and to generate statistics regarding web traffic and trends. Web beacons cannot identify you as an individual.
Targeting Cookies: These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
- to improve our Website security;
- to identify you when you sign-in to our Website and remember your preferences;
- to analyze how you use our Website by tracking specific actions on our Website, such as visits to the various pages of our Website;
- to collect anonymous statistical information on how visitors use our Website so that we can make improvements to its usability and to improve content delivery value;
- to allow you to share pages with social networks like Twitter, Facebook and LinkedIn;
- to determine the effectiveness of our on-line campaigns in terms of both sales and user activity on our Website;
- to allow us to assess the success of our advertising by identifying events (such as registrations, checkouts, etc.) on our Website which happened as a direct result of advertising; and
- to make sure our advertising on other websites is relevant to you.
Google Analytics: We use Google Analytics cookies to collect information and compile reports about how visitors use our Website, and we use this information to help us improve our Website. Google Analytics mainly uses first-party cookies which are not shared across different websites that you visit. The information that the cookies collect is mostly anonymous and includes the number of visitors to the Website, where those visitors originate from and how many times they have visited the Website. Google has published information in relation to privacy and safeguarding data.
Google Analytics will collect your IP address, which is a unique code assigned to every computer and device connected to the Internet. IP addresses are usually assigned in geographic blocks and may allow website operators to identify the country, state and city in which the computer or device is based. We may collect either the full or a portion of an IP addresses to help us identify the location of our website visitors. Google Analytics will also collect demographic and interests information, including age and gender, where available in the cookie.
Google Analytics also uses third-party cookies (such as the DoubleClick cookie) on websites where Google Analytics Advertising Features are used, such as Remarketing or AdWords. Our use of Google Analytics’ Remarketing feature allows targeted and relevant advertising to be delivered to you when you browse elsewhere on the internet. This feature can also work cross-device where you have a Google account and you have chosen to enable Google to associate your web browsing history with your account and to use information from your account to personalise advertising you see across the internet. When you’re signed-in to your Google account, Google will use your data together with the analytics data they obtain by the third-party cookies on our Website to serve better advertising on other websites you visit and based on your past browsing habits. In order to support this feature, Google will collect user’s Google-authenticated identifiers.
Opting out of cookies
You may refuse to accept cookies by altering the settings on your internet browser (for example Internet Explorer, Chrome and Firefox). Please note that if you choose not to permit cookies some areas of our Website may not function properly or be accessible.
In general by consulting the help menu item in your internet browser, instructions on how to disable or delete cookies is available. Most browsers are set-up to accept these cookies automatically. In addition, you can deactivate the storing of cookies or adjust your browser to inform you before the cookie is stored on your computer. You may also use self-regulation programs available in your jurisdiction to manage the way that companies other than Google advertise to you, such as the EU-based Your Online Choices.
8. Links to Other Web Sites
Links to other websites are provided for information only and do not constitute endorsements of those other websites. Amphenol and/or its affiliated companies are not responsible for the content of links or third-party websites and do not make any representation regarding their content or accuracy. Your use of third-party websites is at your own risk.
10. General Data Protection Regulation
For EU residents: The General Data Protection Regulation (GDPR) requires Amphenol to provide additional information about how Amphenol processes the personal data of individual’s resident within the European Union. The GDPR governs the use of “personal data”, which is any information that identifies or from which an individual could be identified, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to an individual’s identity. Amphenol processes personal data for a number of reasons:
- To provide goods and/or services pursuant to an agreement;
- Where required by the law of the European Union or its member states; and
- Where Amphenol has legitimate business interest in doing so.
The GDPR provides EU residents with certain rights in relation to the processing of their personal data, including the right to request access, to have personal data rectified or erased, to object to its processing or to have access to personal data restricted. Amphenol respects individuals’ rights under the GDPR, and we may ask you for additional information to confirm your identity and for security purposes, before providing individuals with access to their personal data. There may also be circumstances where Amphenol is permitted by law to deny access. We have implemented appropriate safeguards, to protect your personal data when it is transferred, including the execution of data transfer agreements with recipients of the information.
11. Contact Us
If you have any questions or concerns as to the processing of your Personal Data, please use the "Contact Us" link on the Website.