Terms & Conditions
Talley Inc.® reserves the right to accept or reject any order, in our sole discretion. Order acceptance is expressly limited by and to the terms and conditions stated herein, which supersede any terms and conditions set forth in any document you provided to us. The minimum order value is $50.00 and orders may be either shipped complete or shipped allowing for backorder merchandise, at our option. Orders may also be picked-up at our facilities or be staged for delivery/pick-up at a future date by advance arrangement.
Prices are subject to change, without advance notice, and are exclusive of any applicable sales or other taxes, freight, handling and insurance charges. Freight quotations are provided as estimates only – actual freight charges are determined at the time of shipping and may differ from the amount originally quoted.
We accept major credit cards at the point of sale. For information on establishing an open account with us, please contact our Credit Department at 800.949.7079. For amounts due on account, ACH, Check or Check By Phone is accepted.
If applicable, sales tax will be added to your invoice unless an acceptable resale tax exemption certificate is provided.
We will make reasonable efforts to meet delivery and performance dates, but we are not liable for delays due to causes beyond our control. We will endeavor to ship all orders for in-stock merchandise placed before 2:00 p.m. each day. Orders requiring cable processing, component assembly or specialized packaging may require extra processing time. Will Call pick-up service is also available by advance arrangement.
Shipment & Risk Of Loss
Domestic U.S. orders are tendered to the carrier with freight prepaid and billed to you, unless otherwise specified at the time of quotation. We will prepay and bill to you all shipping, handling and insurance charges on all domestic orders, unless otherwise specified at the time of the order. We reserve the right to choose the freight carrier unless otherwise specified by you, the customer. We are unable to offer shipping charge refunds for shipments that fail to be delivered “on-time” during extenuating circumstances where carrier(s) expressly invalidate such claims. International orders are tendered as EXW Origin (Incoterms 2010) and will be shipped via Collect or 3rd-party freight terms via your preferred carrier or shipped to your freight forwarder with any freight charges prearranged by you. Export packaging is available at an additional charge. You will be responsible for all insurance, customs, and duty charges. For domestic and international orders, title and risk of loss shall pass to you upon delivery to carrier, risk of loss or damage from point of shipment shall fall upon you and it is your responsibility to file all claims with the carrier. Due to shipping restrictions, Talley does not ship to Military Mail APOs.
Damages In Transit/Claims
All shipments must be thoroughly inspected for visible damage and completeness by the recipient before accepting delivery from the carrier. If any damage is found or a shortage determined, the delivery bill-of-lading should be A) noted as such prior to acceptance or B) the shipment may be partially or completely refused. If no exceptions are noted at the time of receipt, the delivery will be deemed as “accepted in good condition” by you, releasing the carrier and us from further liability or recourse. Any claims for concealed damage or material shortages must be promptly reported to us within 24 hours of the receipt.
Custom Products & Assemblies
We require an engineering and purchasing approval sign-off for special orders and custom products, including non-stock cable assemblies. All such items are considered non-cancelable, non-returnable and non-refundable, unless defective. Any such defective items will be repaired or replaced only, at our option.
All warranty items shall be repaired, replaced or credited in accordance with the manufacturer’s warranty policy. Any warranty, expressed or implied, is set forth and limited by and to the manufacturer’s written warranty policy on the products that we sell. TALLEY INC.® MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS IT SELLS OR THE SUITABILITY OR FITNESS OF A PRODUCT FOR ANY PARTICULAR PURPOSE OR USE.
All product specifications represented are derived from the manufacturer. Changes in specification and/or design by the manufacturer may occur at any time, without advance notice. CHANGES/CANCELLATIONS – Orders may not be canceled or modified, either in whole or in part, without our written consent, and may then be subject to payment of a reasonable charge for costs incurred in canceling or modifying the order.
Before any merchandise may be returned, a Return Goods Authorization (RGA) number must be obtained. An RGA may be requested by calling 800.949.7079 or by e-mailing CS@Talleycom.com. All inquiries will be evaluated and a determination will be made to approve, or deny, the request within three business days. If approved, an RGA number and set of return instructions will be provided by our Customer Service Department. All requests to return merchandise must be made within 30 days from the date of purchase and RGA’s are valid for 30 days only. It is your responsibility to coordinate return logistics and you will be responsible for any associated shipping charges. All returned items will be thoroughly inspected to validate its condition. In-store credit will be issued for items that are returned complete and unused, in the original manufacturers’ packaging, in like-new condition. Any returned goods received by Talley in unsatisfactory condition will be returned to you. Authorized returns are subject to a restocking fee of no less than 15%. Special-ordered items, cut-to-length cable and made-to-order jumper assemblies are non-returnable.
Defective Merchandise Policy
An RGA may also be obtained, per above, to facilitate the servicing of an item that is inoperable due to a possible manufacturing concern. When requesting service for a warranty-related matter, a detailed report of the defective issue must be included. An RGA number and set of return instructions will be provided by our Customer Service Department. Reportedly defective items will be returned to and evaluated by the Original Equipment Manufacturer (OEM). Upon their verification of a warrantable defect, such item(s) will be repaired, replaced or credited as determined by the OEM’s warranty policy.
Limitation Of Liability
In no event shall we be liable to you, under any cause of action or claim of any nature whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, (A) for any loss of profits or other economic loss, including, but not limited to, such losses as: (i) wages paid to Buyer’s employees or other manual labor costs, (ii) lost revenue, (iii) lost use of equipment, (iv) purchase, lease, or other acquisition of replacement or temporary equipment, facilities or services, (v) cost of capital or (vi) costs or losses relating to downtime, or (B) any other indirect, special, consequential, punitive, exemplary or other similar damages arising out of any claim relating to Buyer’s purchases of goods or services gives rise to Talley’s liability to Buyer.
You agree to be bound by these Terms and Conditions in effect at the time of purchase. You also agree that we may change any of the Terms and Conditions upon 15 days written notice to you and that such changed Terms and Conditions will apply to any subsequent transactions with us. Additionally, you agree that in the event that any portion of these Terms and Conditions are found to be unenforceable, the remainder will remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with laws of the State of California for agreements to be performed entirely within the State of California, without regard to choice of law provisions.