1. Agreement Of Sale
These terms and conditions have formed the basis for ISC Online's pricing and are the sole terms and conditions on which any order for products listed on ISCOnline.com or otherwise offered for sale by ISC Online (the "Products") will be accepted. ISC Online hereby expressly conditions its acceptance of any purchase order or offer upon the Buyer's accepting the terms and conditions set forth below. Furthermore, ISC hereby rejects all provisions in any purchase order or offer which are inconsistent with or in addition to any terms and conditions set forth below. If an offer or purchase order limits acceptance to its terms, then that offer or purchase order is hereby rejected and ISC Online's acknowledgement (or any other written expression confirming performance under Buyer's offer or purchase order) shall be deemed a counteroffer subject to the terms and conditions below. 2. Purchase Price, Payment and Prepayment 2.1 Purchase Price: Prices and discounts are those in effect at time of publication of ISC's price lists and are subject to change without notice. Price and performance of an order is subject to resource availability and costs within the control of the ISC at the time of manufacture. ISC Online reserves the right to cancel or adjust prices and delivery. All prices are net of all discounts and F.O.B. ISC Online's place of business or production facility subject to the terms of Section 3.1 hereof, excluding applicable taxes and freight charges. 2.2 Payment Terms: Payment shall be made in via credit card cash at the time of purchase. 2.3 Prepayment, Suspension and Termination: If, after any order is accepted, ISC becomes aware of conditions which in ISC Online's sole discretion warrant concern for Buyer's creditworthiness, ISC, in addition to its other rights and remedies at equity or law, but not in limitation thereof, may require prepayment or security for payment of any order or suspend or terminate any order, or, if ISC has agreed to a different form of payment than cash, may require immediate payment in cash.
3. Shipments And Packing 3.1 Shipment Terms: F.O.B. ISC Online's place of business or warehouse facility, freight charges prepaid and added to Buyer's invoice when ISC's Online preferred carriers are used. 3.2 Shipment Schedule: ISC Online shall use its best efforts to deliver the Products in a timely fashion. In no event shall ISC be liable to Buyer for failure or delay in shipping the Products, whatever the reason for such failure or delay. If shipment is delayed without ISC Online's fault, ISC Online's notification of readiness for shipment shall be deemed the equivalent of shipment. 3.3 Packing: No credit for packing costs shall be given on returned goods. Additional packing expressly required by Buyer shall be charged separately. 3.4 Transportation Claims: Delivery of goods to a carrier at ISC Online's place of business or, in the case of an F.A.S. delivery term pursuant to section 3.1, above, to a vessel at the port or dock designated by Buyer, shall constitute delivery. Regardless of freight payment, all risk of loss or damage in transit shall pass to Buyer at that time. Buyer is responsible for making claims of this nature including concealed damage claims against the carrier within 14 calendar days of receipt. ISC will assist Buyer in reaching a satisfactory adjustment with the carrier.
ISC Online warrants that for a period of twelve (12) months (unless otherwise specified) from the date of shipment, (1) ISC has title to the Products being sold and the right to convey title to Buyer, and (2) that the Products shall meet the performance criteria stated in ISC Online's applicable printed publications and shall be free from defects in material and workmanship. Except for the warranties expressly set forth in writing in this section, ISC makes no warranties, express or implied, including those of merchantability or fitness for a particular purpose, with respect to the products. In no event shall ISC be liable for special, incidental, or consequential damages for the breach of any of these warranties or for breach of any other term or condition herein. ISC Online will not be liable hereunder for any repairs or replacements necessitated by ordinary wear and tear or neglect or failure to observe the instructions for storing or using the products from time to time provided by ISC, or other improper or unauthorized use.
5. Nonconforming Products
If any Product sold and shipped to Buyer pursuant to the terms and conditions stated herein does not conform to the warranties set forth in Section 4 hereof, Buyer shall notify ISC of such nonconformity in writing within 14 days of receipt. ISC shall not be obligated to take any action provided for in this Section 5 unless it receives such written notice within the warranty period set forth in Section 4 hereof. For justified claims, ISC may in its sole discretion correct the nonconformity at ISC Online's place of business; take back the nonconforming Product and provide Buyer with a credit for the justified amount of the claim; provide a replacement for the nonconforming Product within a reasonable time without cost to Buyer; or credit Buyer for the diminution in value of the nonconforming Product due to the nonconformity. In no event shall ISC be liable for special, incidental or consequential damages arising out of or related to any nonconformity.
Buyer shall indemnify and shall hold harmless ISC and any employee, representative or agent thereof against any and all liability to third parties (including reasonable attorneys' fees), other than liability solely the fault of ISC, arising from or in connection with the purchase, handling, installation, use or disposition of the Products by Buyer.
7. Reservation of Security Interest
In order to secure the obligations of Buyer hereunder, Buyer hereby grants ISC Online a security interest in the Products being purchased by Buyer. ISC may perfect the security interest at any time, and Buyer shall at ISC Online's request execute all appropriate financing statements and other documents necessary to perfect ISC Online's security interest in accordance with applicable law.
8. Miscellaneous Provisions 8.1 Applicable Law; Consent to Jurisdiction: The Agreement of Sale shall be governed by the laws of the State of Texas, including the Uniform Commercial Code as enacted in Texas, and shall be construed and interpreted in accordance therewith. The parties expressly waive application of the United Nations Convention for the International Sale of Goods in those instances where it might otherwise apply. In any legal action or proceeding arising with respect to the Agreement of Sale, Buyer unconditionally and irrevocably submits to the jurisdiction of the state courts of Texas and to the United States District Court for the Northern District of Texas, and agrees that service of process may be made by first class, certified mail upon any officer of Buyer and that such service shall be deemed adequate for all purposes in all such courts. 8.2 Severability:Any invalidity, in whole or in part, of any provision of the Agreement of Sale shall not affect the validity of any other of its provisions. 8.3 Cumulation of Remedies: All remedies available to either party for breach of the Agreement of Sale are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 8.4 Place of Performance: The place of performance of the Agreement of Sale shall be Plano, Texas. 8.5 Compliance with Laws: ISC Online makes every effort to assure that its operations are in conformance with all applicable laws and regulations. However, ISC Online does not (a) warrant compliance with any specific law or regulation, or (b) warrant that ISC will respond in any specific manner to a notice of noncompliance, or (c) undertake to provide any certification to Buyer regarding compliance with any law or regulation, unless that warranty or undertaking has been separately negotiated with Buyer and expressly references this section. 8.6 Confidential Information And Intellectual Property: Absent a separate written agreement governing the protection of confidential information, Seller undertakes no obligation to protect the confidentiality of any information furnished by Buyer, even if Buyer has labeled the information "confidential" or "proprietary" or otherwise indicated that it regards the information as confidential. If such a written agreement exists and is in effect, then the confidentiality obligations of the parties shall be governed by that agreement. 8.7 Entire Agreement: These Terms and Conditions (a) together with any related written communications by Seller, contain the entire understanding between the parties concerning the subject matter hereof and supersede any prior discussions or agreements concerning such subject matter, (b) do not create an agency or joint venture relationship between Buyer and Seller, and (c) do not constitute a license or authorization of any kind for Buyer to use any of the trademarks or trade names owned by Seller in connection with the Products. 8.8 Insurance: Seller expressly disclaims any obligation to maintain insurance coverage in the manner specified in any of Buyer's terms and conditions or to name Buyer as an additional insured on any policy of insurance maintained by Seller.
9. Returned Goods
ISC Online 30-day Returns Guarantee means that if for any reason you are unhappy with your purchase, you can return it to us within 30 days of the date you received the item and we will issue a full refund or credit for the price you paid for the item excluding the cost of shipping. There is no restocking fee. Items must be original packaging and in like-new condition.
Freight charges are the responsibility of the customer and ISC will never accept COD or Freight collect shipments. RA numbers can be obtained by calling ISC at 866-453-2700. This policy only covers items purchased from ISCOnline.com. The Return Policy for items purchased from an ISC Sales Account Manager that require a quote can be found at: ISC Sales Terms 9.1 All product and paperwork must display the Return Authorization Number given by ISC Customer Service. 9.2 All products must be returned to the location as stated on the Return Authorization. 9.3 All products are to be returned by carrier stated on the Return Authorization if ISC Corporation is at fault. ISC Corporation is responsible for freight. All other returns requested by Buyer are to be returned with buyer's carrier and buyer is responsible for freight. Credit will be granted based on the following conditions: 9.4 All products are packaged and palletized (if required, upright and banded) to prevent damage. 9.5 All products are returned without alterations in original ISC Packaging. All products returned must be of current design and have been purchased within 30 days. 9.6 No deduction shall be taken without prior approval from ISC. 9.7 Specials/modified standards/non-stock products cannot be returned. Only products classified as "returnable" are eligible for credit. 9.8 A predetermined restock charge will be added to approved return authorizations.
4421 Tradition Trail
Plano, TX 75093