The term "Power & Telephone Supply Company" or "Power & Telephone Supply" or "Power & Telephone" or "Power & Tel" or "P&T" or "us" or "we" refers to the owner of the website whose registered office is 2673 Yale Avenue, Memphis, Tennessee 38112-3335 United States. The term "you" or "your" refers to the user or viewer of our website.
Purchases are subject to P&T's current credit approval and to the terms and conditions that follow. Prices quoted are valid for 14 days or until stated expiration date on quote. Changes in the quantity, payment terms, shipping destination or special handling that differs from quote may result in price adjustments. All items quoted as stock are subject to prior sales without notice. P&T retains a security interest in all materials until the invoice price is paid in full. Dispute of invoice must be made in accordance with current procedures within 30 days of invoice date, regardless of A/R terms binding sale of goods. Invoices must be disputed per line charge; all non disputed charges are due and payable per A/R terms. Invoices not paid when due are subject to Finance Charges computed up to the rate allowed by applicable law on the unpaid balance from due date until paid. Return of merchandise requires written authorization by P&T. P&T or the manufacturer may assess a cancellation or restocking charge when applicable. All shipping and performance dates are approximate. All sales are governed by, and the rights and obligations of the parties shall be construed and enforced in accordance with, the laws of State of Tennessee. Any dispute, controversy or claim shall be solely and finally settled by arbitration conducted in Memphis, Tennessee in accordance with the Commercial Arbitration rules of the American Arbitration Association then in force. The parties shall abide by all awards rendered in arbitration proceedings, and all such awards may be enforced and executed upon by any court having jurisdiction over the party against whom enforcement of such award is sought. Unless otherwise stated, title to the ordered materials transfers to you when materials are consigned to the carrier and it shall be your responsibility to file any claim against the carrier. Prices quoted do not reflect applicable taxes, duties, export fees, transportation and freight charges. Freight charges (if any) will not necessarily reflect entire volume discount or incentives received by P&T from carriers. P&T part numbers are for reference only. P&T reserves the right to ship functionally equivalent material from any manufacturer without prior notice to the customer.
THERE IS NO WARRANTY OF ANY KIND ON GOODS OR MATERIAL SOLD BY P&T, EXCEPT FOR ANY MANUFACTURERS' WARRANTIES. P&T HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY THE SELLER, P&T, IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER'S WARRANTY.
Failure to give P&T written notice of claim within thirty (30) days after customer's receipt of the goods shall constitute a waiver by customer of all claims, including claims for damaged or defective goods, shortage, negligence or any other cause whatsoever. It is agreed that P&T's liability, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed the return of the amount of the purchase price paid by customer to P&T, or, at the election of P&T, at its sole discretion, the repair or replacement of the goods. Under no circumstances shall P&T be liable for special, indirect or consequential damages. The price stated for the goods or materials sold is a consideration in limiting P&T's liability. No action, regardless of form, arising out of the transactions under this agreement may be brought by purchaser more than one (1) year after the cause of action has accrued. P&T neither assumes nor authorizes any other person to assume for it any greater liability in connection with its sales.
Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the nonperforming party.
BIDS, QUOTES, OFFERS AND COUNTEROFFERS BY P&T ARE SUBJECT TO ACCEPTANCE ONLY ON THESE TERMS AND CONDITIONS. NO PROPOSED CHANGE OR ADDITION TO THESE TERMS AND CONDITIONS WILL BE OF ANY EFFECT UNLESS OPENLY AND EXPRESSLY PROPOSED IN WRITING TO P&T AND EXPRESSLY AND SPECIFICALLY ACCEPTED IN WRITING BY P&T. In the absence of such express and open proposal and acceptance: (i) P&T will not be bound by any different or additional terms or conditions proposed or submitted by Customer in any form or fashion, oral or written; (ii) any such proposals or submissions shall be of no effect; (iii) no conduct on the part of P&T (including but not limited to acceptance of purchase orders without expressly rejecting any terms or conditions reflected therein, or delivery of goods, or acceptance of payment) will constitute or operate as acceptance by P&T of any different or additional terms and conditions; and (iv) all transactions between the parties will continue to be governed by the Terms and Conditions set forth above. These Terms and Conditions will prevail in event of any conflict between these Terms and Conditions and any recital in any purchase order.