Terms and Conditions

Acceptance

Unless otherwise specifically agreed to in writing and signed by an authorized representative of International Wire & Cable, LLC all orders received by International Wire & Cable, LLC are subject to the following Terms and Conditions of Sale. Offers to purchase can be accepted only by an authorized representative of International Wire & Cable, LLC and offers to purchase are not effective or binding until approved in writing by International Wire & Cable, LLC. Any different or additional Terms and Conditions proposed by Buyer in its purchase order or otherwise are hereby rejected by International Wire & Cable, LLC and shall not be incorporated into the Agreement. These Terms and Conditions shall apply to all of Buyer's purchase orders, irrespective of any provisions in Buyer's purchase orders or other business forms. These terms constitute the entire Agreement and notice of objection to any different or additional terms is hereby given or is waived. These Terms and Conditions may not be modified except by written agreement signed by both Buyer and an officer of International Wire & Cable, LLC. No modification of this Agreement shall be effected by the acknowledgement or acceptance of confirming purchase orders, invoices or other documents from the Buyer. These Terms and Conditions supercede all previous Terms and Conditions and are subject to change at any time without prior notice.

Acknowledgement

International Wire & Cable, LLC will issue an order acknowledgement form upon acceptance and authorization of an order. The acknowledgement constitutes the entire agreement between International Wire & Cable, LLC and the Buyer and supersedes any previous agreements. Prices and delivery dates stated on the order acknowledgement shall prevail in the event of a discrepancy between acknowledgement and the Buyer's written order. Stock material is subject to prior sale.

Stock

Stock is subject to prior sales. For the most accurate stock and shipping information please use online quote or call 586.997.1488 and talk with a sales rep.

Product Images

Please note that the picture shown is a representation only and may differ slightly from the actual item.

We try to get images that accurately depict the product. Some images may vary in color, size and shape from actual product.

We try and verify that the correct image has been posted for each item we have listed. We may also use stock images in place of actual images when we don't have an image available for a product. If you need to verify an image is 100% accurate to the product before purchase please contact us.

Product Recommendations/Substitutions

International Wire and Cable will only supply technical data on products that might fit your needs upon request. It is up to you, the customer, to verify that the product will meet your needs, or code requirements. International Wire & Cable is not responsible for Damage or Injuries from the use of incorrect products.

Prices

Prices and charges per applicable quotation are stated in U.S. dollars unless otherwise noted and are subject to any price adjustment necessitated by International Wire & Cable, LLC's compliance with any act of government, laws or regulations. Buyer's order is subject to International Wire & Cable, LLC’s applicable Price Escalation Policy (to be determined in International Wire & Cable, LLC’s sole discretion) as follows: Firm Price All shipments will be invoiced at the prices agreed to on the quotation and the order acknowledgement and are not subject to change on date of shipment. Orders will ship ASAP.

Taxes

Any tax or other governmental charge upon the production, sale, shipment, or use of the product which International Wire & Cable, LLC is required to pay or collect from Buyer shall be paid by Buyer unless, prior to shipment, Buyer has furnished International Wire & Cable, LLC with a tax exemption certificate acceptable to the appropriate taxing authority. Unless specifically identified on the face of an invoice, invoices include no federal, state, or local property, license, privilege, sales, use, excise, gross receipts or other like tariffs which may now or hereafter be applicable to, measured by, or imposed upon or with respect to the transaction, the property, its sale, its value, or its use, or any service(s) performed in connection therewith. Buyer agrees to indemnify, pay or reimburse any such taxes or tariffs which International Wire & Cable, LLC, International Wire & Cable, LLC's vendors, suppliers or subcontractors are required to pay, accumulative with other penalties or fees thereto.

Terms of Payment

Credit card, Check, Wire Transfer, or Net-30 for approved customers

Loss, Damage, or Delay

International Wire & Cable, LLC shall not be obligated to perform under this Agreement, and shall not be liable for any damages (including, but not limited to, consequential, special or punitive damages or damages for lost profits) in connection with such nonperformance, when International Wire & Cable, LLC's ability to perform is impeded, restricted or affected by strikes, work stoppages or other action by workmen, any act or omission by a governmental authority or by Buyer, insurrection or riot, war, terrorism, embargo, railcar shortage, wreck or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources under usual terms, breakdown in the manufacturing process, disruption in the supply chain, acts of God and/or nature or any other cause beyond the reasonable control of International Wire & Cable, LLC, whether similar or dissimilar to any of the aforementioned causes. In the event of a delay in performance due to any such cause, International Wire & Cable, LLC may postpone its performance by such length of time as may be reasonably necessary.

Cancellation / Default

Orders will not be cancelled or modified either in whole or in part, after International Wire & Cable, LLC has shipped to Buyer, without International Wire & Cable, LLC's written consent. Refunds on orders cancelled after shipping will be subject to a 30% restocking charge plus return shipping costs. Refunds on orders cancelled prior to shipping will be subject to a 10% processing fee.

Reschedule Shipping Date

Customer is responsible for all freight re-consignment delivery fees should he/she cancel, reschedule, or refuse the shipment at the time of delivery.

Manufacturers' Warranties

Product may be covered, to the extent available, by warranties that are extended by the manufacturer of the product. Buyer acknowledges that any applicable warranties are the warranties of the manufacturer of the product only, not warranties of International Wire & Cable, LLC, and that any claim brought by Buyer with respect to these warranties will be brought against such manufacturer.

Limitation of Liability

Neither party shall be liable for any lost profits or any special, indirect, incidental, or consequential damages. The remedies of Buyer set forth herein are exclusive, and the liability of International Wire & Cable, LLC with respect to any contract or sale, or anything done in connection therewith, whether in contract, in tort under any warranty, or otherwise, shall not exceed the price of the product or part on which such liability is based. Responsibility is limited to the cost of the product and does not include the cost of any labor charges. International Wire & Cable, LLC shall have no responsibility or liability with respect to: 1) matters not reported in writing within twelve (12) months of the date of shipment; 2) failure or damage due to misapplications, abuse, improper installation or abnormal conditions of use; 3) products damaged in shipment or otherwise damaged through no fault of International Wire & Cable, LLC; 4) expenses incurred by Buyer for installation of products prior to discovery of the alleged defect or expenses incurred in an attempt to correct the same; 5) expenses incurred by Buyer for removal of non-conforming products and the expense of installation of replacement products; 6) failure or damage which cannot conclusively be proven to have proximately and solely resulted from a defect in materials or workmanship.

Indemnification and Hold Harmless

Buyer assumes responsibility and liability for any claim or action based on or arising out of injuries, including death, to persons or damages to or destruction of property, sustained or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance of this Agreement by Buyer, its agents and employees, and its subcontractors, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence by International Wire & Cable, LLC, International Wire & Cable, LLC's representatives, or the employees, agents, invitees, or licensees thereof. Buyer further agrees to indemnify and hold harmless International Wire & Cable, LLC and its representatives, and the employees, agents, invitees, and licensees thereof in respect of any such matters and agrees to defend any claim, suit or action brought against International Wire & Cable, LLC, International Wire & Cable, LLC's representatives, and employees, agents, invitees, and licensees thereof, regardless of whether such claims or actions are founded in whole or in part upon the alleged negligence of International Wire & Cable, LLC, International Wire & Cable, LLC's representatives, or the employees, agents, invitees, or licensees thereof. IT IS THE EXPRESS INTENT OF THE PARTIES THAT International Wire & Cable, LLC MAY BE INDEMNIFIED FOR CHARGES ARISING FROM ITS OWN NEGLIGENCE, HOWEVER ALLEGED, WHETHER CONCURRENT, CONTRIBUTORY OR SOLE.

Patents

Since products sold by International Wire & Cable, LLC are not manufactured by it, but are sold under their respective manufacturer's brand or trade names, International Wire & Cable, LLC disclaims all warranties against patent infringement. It shall, however, if given prompt notice by the Buyer of any claim of patent infringement with respect to any product sold hereunder, use commercially reasonable efforts to secure for the Buyer such indemnity rights as the manufacturer may customarily give with respect to such product.

Error, Mistake or Assignment

International Wire & Cable, LLC reserves the right to correct any clerical or stenographic error made in the preparation of quotations, orders, acknowledgements or invoices. Corrections shall be considered as binding amendments to the original contract of sale. This agreement is not assignable without the prior written consent of International Wire & Cable, LLC. Any attempt to assign any of the rights, duties or obligations of this Agreement without such consent shall be void. The Buyer acknowledges that Buyer has read this Agreement, understands it and agrees to be bound by its Terms and Conditions.

Severability

If any provision or provisions of this Agreement, or parts thereof, shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and this Agreement shall be interpreted to effect the original intent of the parties as closely as possible. If any provision in this Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.

Reels

Non-returnable wooden/plastic reels are used whenever possible and are normally included in the sales price of the wire. Wooden/plastic reels may be returned to International Wire & Cable, LLC for recycling. Please contact International Wire & Cable, LLC for details.

Delivery and Transportation

F.O.B. Shipping location - for all shipments to destinations in the Continental U.S. served by common carrier, orders will be shipped with freight charges prepaid and charged to the Buyer. Buyer is responsible for material identification, footage count and visual inspection for damage upon receipt of shipment.

Title and Risk of Loss

Title to product and risk of loss shall pass from International Wire & Cable, LLC to buyer as product is loaded onto carrier's equipment at International Wire & Cable, LLC shipping location.

Returns

Permission must be obtained in writing from International Wire & Cable, LLC before any product is returned in the form of an approved Returned Material Authorization (RMA) number. A 30% restocking charge, plus freight, will be assessed for authorized returns of standard stock material in saleable condition. Returns will not be accepted after 30 days of shipment. NON-STOCK AND SPECIAL MADE-TO-ORDER PRODUCTS AS IDENTIFIED ON THE ORDER ACKNOWLEDGEMENT ARE NOT SUBJECT TO RETURN BY THE BUYER UNDER ANY CIRCUMSTANCES.