TERMS AND CONDITIONS ACCEPTANCE OF CONTRACT TERMS: The following are the terms and conditions (“Terms and Conditions”, “T&C’s") for the sale of products (“Products”) by Hawk Electronics, Inc. (“Hawk”) to Hawk’s customers (“Customer”). These T&C's shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation or any other documentation, unless agreed in writing and signed by an officer of Hawk. Hawk reserves the right to amend these T&C’s. A current version of these T&C’s can be found at www.hawkusa.com. By accessing and using one of the URLs www.hawkusa.com or www.hawkelectronics.com or by placing an order that was via phone, fax, email or other form of communication, you agree to each of the terms and conditions set forth herein.
ORDERS: Orders are initiated by Customer issuing purchase instructions to Hawk. Such purchase instructions include but are not limited to: Issuing a Purchase Order, Placing a Online Order, speaking with a Hawk representative and providing a verbal instructions. Orders must identify the product(s), quantities, part number(s), price, Unit or Measure and desired delivery date(s). Orders are subject to Hawk’s acceptance. While unlikely, Hawk reserves the right to reject any order(s) at Hawk’s discretion.
PRICES: Prices are subject to change. Prices listed and quoted are for Products only and exclude any taxes or additional fees, including but not limited to: shipping, duties, banking, fuel surcharges and special handling, permits, certificates, customs declarations and registration (collectively, "Additional Fees"). The Customer is responsible for any and all Additional Fees.
ACCURACY OF INFORMATION (INCLUDING PRICES): Hawk strives to provide current and accurate information, but Hawk does not guarantee the accuracy of any information. The Information relating to Products is subject to change by our vendors to Hawk and thus all information we provide to the Customer on-line or in quote form is subject to change without notice. Prices are subject to change at any time prior to the completion of your order. In the event Hawk discovers an error in the description or availability of a Product that affects your outstanding order, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. All prices are in U.S. dollars.
TERMS OF PAYMENT: If Hawk has not extended an open credit account to Customer and the Customer is in the United States or Canada, then payment terms are one of the following: Cash On Delivery (“COD”), Approved Credit Cards (“CC”), or Cash In Advance (“CIA”). Hawk's minimum order amount is $25.00. Orders exceeding $1,000.00 must be paid and funds cleared prior to shipment or in the case of Special Order Products, prior to Hawk acceptance of Order.
OPEN CREDIT: Open Credit is available to many Customer with net 30 days terms from date of invoice (“Net 30”). All payments must be made without set-off or deduction. Orders are subject to credit approval by Hawk, which may in its sole discretion at any time change the terms of Customer’s credit. If Hawk finds reason to belive the customers ability to make payments is impaired, Hawk reserves the right to hold, modify or cancel any open order for a Customer and the Customer remains liable to pay Hawk for all prior shipment. If Customer fails to make payment when due, without prejudice to any other right or remedy, (i) overdue sums will bear interest to date of payment at the annual rate of 15% or such lower rate as may be the maximum permitted by law; and (ii) Hawk will be entitled to reimbursement for all reasonable costs of collection and attorneys’ fees.
TITLE AND DELIVERY: All shipments by Hawk are FOB Origin. Origin is most of the time Hawk’s warehouse in Wheeling, Illinois. From time to time Hawk will ship directly from our vendor (“Drop Shipment”). Drop Shipments Origin is the location where the vendor transfers product to shipping carrier. Unless otherwise agreed to in writing, all shipment charges and fees shall be paid to Hawk or directly to the provider by Customer in addition to the purchase price of the Products. Selection of the carrier and method will be made by Hawk unless specifically designated by Customer. Hawk will provide commercial best efforts to initiate shipment and deliver the Products as close as possible to Customer’s desire date(s). Customer acknowledges that shipment and delivery dates provided by Hawk are estimates only and that Hawk will not be liable for failure to achieve such dates. For the avoidance of doubt, delivery of Products within 30 days of the requested delivery date shall constitute timely delivery. Delivery of a quantity within ±10% of the quantity ordered will constitute full delivery. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery to a carrier will constitute delivery to Customer, and risk of loss of or damage to the Products will pass to Customer at this point. Title to the Products shall remain with Hawk until payment in full for the Products by Customer. Customer is deemed to have accepted the Products unless written notice of an issue with the shipment is received by Hawk within three (3) Business days after carrier delivers Product.
CUSTOMERS OBLIGATIONS: You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any damages, losses and costs incurred from a failure by you to comply with any law or the Terms and Conditions or from any unlawful use by anyone of any product ordered by you. To the extent the indemnification provisions in the Terms and Conditions are inconsistent with the federal Anti-Deficiency Act, such provisions will be deemed to be inapplicable to any sale made by Hawk to a government agency to which the Anti-Deficiency Act applies.
SALES OR USE TAX: Customers may owe to your state, Hawk collects sales tax, where appropriate, from customers in Illinois and Wisconsin. Each State is governed by specific requirements for sales/use tax. Please reference the appropriate department in your State, if applicable.
NON-CANCELLABLE AND NON-RETURNABLE (“NC/NR”): Hawk is pleased to stock many Products as a course of ongoing business. We offer many items for sales on behalf of our authorized vendors that are not widely consumed or in many cases unique to a single Customer. Products Orders that are unique or where product order quantity exceed Hawk unallocated stock position are considered NC/NR.
STANDARD PRODUCT ORDERS: Conversely to the NC/NR Classification, your Order will be considered “STANDARD” if the product you are ordering is in stock at Hawk and does not exceed Hawk published Quantity available for sale. All other Product orders are to be considered NC/NR.
CANCELLATIONS AND CHANGE: Customer may, without charge, cancel an order provided that the order is for standard stocked Products and notice is provided prior before scheduled ship date less the greater of (i) product lead time + 14 days or (ii) 60 working days. Customer may only change or reschedule a desired ship date of an order if accepted by Hawk at Hawk's sole discretion. Orders may not be cancelled or rescheduled after delivery by Hawk to the carrier. Customer may not cancel orders for "Non-Standard Products" or "Non-Standard Quantities". Non-Standard Products include, without limitation, Products which are special orders, products which do not appear in the catalog, products not customarily in stock, value-added products, products to be assembled from kit form, opened software, and products identified as otherwise non-cancellable and non-returnable (“NC/NR”).
LIMITED WARRANTY: Hawk will pass through to Customer any transferable Product warranties, indemnities, and remedies provided to Hawk by the manufacturer. If required by law, Hawk warrants that at the time of delivery, the Products shall have the specifications stated by the manufacturer in its published data sheet. To the extent permitted by law, Hawk makes no other warranty, express or implied, such as warranty of merchantability, fitness for purpose or non-infringement. Customer's sole remedies for breach of Hawk's warranty are, at Hawk's choice: (i) repair or replacement of the Products at no cost to Customer; or (ii) refund Customer the purchase price of the Products.
LIMITATION OF LIABILITIES: CUSTOMER SHALL NOT BE ENTITLED TO, AND HAWK SHALL NOT BE LIABLE FOR, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. CUSTOMER’S RECOVERY FROM HAWK FOR ANY CLAIM SHALL NOT EXCEED THE ACTUAL PROFIT GENERATED FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
USE OF PRODUCTS: Customer shall comply with the manufacturer's or supplier's Product specifications. Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or serious property damage. If Customer uses or sells the Products for use in any such applications or fails to comply with the manufacturer's Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer's sole risk.
PRODUCT RETURN: In most cases for "STANDARD PRODUCT” Hawk will accept returns based on the following. Hawk will issue a Return Material Authorization ("RMA") number. Customer must notify Hawk in writing of any damage to the packaging or the Products, shortage, or other discrepancy within 3 business days after receipt of the shipment. Send an email to firstname.lastname@example.org or call 800-THE-HAWK and ask for customer service. Otherwise, Customer is deemed to have accepted the Products and may not revoke acceptance. Cosmetic RMA requests will be issued only for cosmetic defects created solely by Hawk or the original component manufacturer, and only if Customer satisfies the notice requirement. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. Product return pursuant to a warranty requires written notice from Customer to Hawk within the warranty period detailing the Product defect. Customer must return the Products to Hawk freight prepaid in original shipping cartons or equivalent. At Hawk's discretion, Hawk will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer’s disposition.
CONNIVENCE RETURNS: We understand that mistakes happen and we will make commercially best efforts to allow Customer returns for non-defective materials to Hawk. connivence returns are only eligible for “Standard Products”. Connivence Returns are at the sole discretion of Hawk and carry a moderate fee of 20% of the original resale price. "Connivence Returns” are limited to a value no greater than 10% of the Customers prior Calendar years purcahses from Hawk.
FORCE MAJEURE: Hawk will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, material shortages, labor disputes, transportation delays, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, unforeseen circumstances, Government prioritization, fire, floods, severe weather conditions, computer interruptions, conductivity interruptions, terrorism, riots, or war. Hawk's time for delivery or performance will be extended by the period of such delay or Hawk may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.
RoHS COMPLIANCE AND LEAD-FREE POLICY: It is the policy of Hawk Electronics Inc. to identify and offer products to the Customer as RoHS Compliant or Lead Free, only after Manufacturer has identified the product as RoHS Compliant or Lead Free. Hawk performs no testing of product and relies solely on the manufacturer of the Product for identification of Compliance for RoHs, and all other compliance issues. Furthermore, Hawk makes no warranty, certification or declaration of compliance concerning said Products. Product is advertised or offered as RoHS Complaint or Lead-Free only after declaration is received from the manufacturer or the manufactures authorized channel. Any information collected will be filed and maintained for at least 12 months from the date of purchase. All statements by Hawk regarding RoHS compliance are based on external information.
EXPORT CONTROLS: Products purchased are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible for obtaining any required license to export, re-export or import.
(Revision date: 05/02/2018)