Terms & Conditions
1. General
The Terms and conditions in this document constitute the entire agreement between the parties with respect to subject matter hereof and supersede any prior representation or agreements, oral or written, and all other communications between the parties relating to the subject matter hereof, including terms and conditions set forth on any purchase order issued by Buyer. All sales by T Technology Inc., Doing business as Tele Technology and Adam Telco (“Seller”) are expressly conditioned by and under these terms and conditions (the “Terms”). These terms may in some instances differ with those affixed to Buyer’s purchase order or other documents, if so, any additional terms or terms conflicting with these Terms will not apply and are expressly rejected unless specifically set forth in a separate written agreement between the parties. Acceptance of Buyer’s order is expressly conditioned upon Buyer’s acceptance of or assent to these Terms, which shall be established by a written acknowledgment, by implication, or by acceptance or payment for products and services ordered hereunder.. Seller’s failure to object provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in the Terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. Receipt by Buyer of any products or services sold hereunder shall be conclusively deemed acceptance of these Terms.
2. Shipment
All shipments are made FOB Origin, Freight Prepaid & Add unless otherwise specified. Title to products and risk of loss pass to Buyer upon shipment from Seller’s or affiliates warehouse. Buyer agrees to purchase and all insurance it deems necessary to indemnify it against loss in shipping. Buyer will determine any export license requirements, obtain any export license or other official authorization, and carry out any customs formalities for the export of goods. Buyer assumes all risk of loss in shipping and all liability for loss or damage, whether direct, indirect, consequential or otherwise, sue to delays once the products have been delivered to the carrier. Buyer will comply with all applicable laws, regulations, and ordinances of any governmental authority in any country having proper jurisdiction including, without limitation, those laws of the United States or other countries that regulate the import or export of the goods provided by Seller and shall obtain necessary import/export licenses in connection with any subsequent import, export, re-export, transfer, and use of all goods, technology, and software purchases, licensed, and received from Seller. Unless other mutually agreed in writing, Buyer agrees that it will not use goods in connection with any activity involving nuclear fission or fusion, any use or handling of any nuclear material, or any nuclear, chemical, or biological weapons.
3. Delivery.
Seller shall not be responsible for loss, damage, delay or failure with respect to the products if due to or arising from shortage of raw materials, fires, labor troubles of any kind, accidents, breakdown of machinery, government acts of any kind, failure of manufacturers, subcontractors or suppliers to deliver materials or supplies or to provide services as agreed or contemplated by past dealings, transportation difficulties of any kind, acts of God, acts of Buyer or anything reasonably beyond the Seller’s control, whether or not presently occurring or contemplated by either party. Sellers shall not be liable for damages, general, consequential or otherwise, or for failure to give notice of any delay until shall have such additional time within which to deliver the products as may be reasonably necessary under the circumstances and shall have the right to apportion its inventory among its customers in such a manner as it considers acceptable. Seller shall also have the right to deliver the products in installments.
4. Limited Warranty and Limitations
Products distributed by Seller are warranted by the third party manufacturer or pursuant to the terms of the warranty in the packaging, for products manufactured by Seller, for a period as defined by the third party manufacturer or in such documentation included with such products. Seller assigns to the Buyer those warranties and only those warranties extended by such third party manufacturers or vendors for non-Seller branded products and provides only those warranties included in the packaging for Seller manufactured products. Seller does not itself warranty any products than those it manufacturers (and then solely pursuant to the terms and subject to the limitations set forth in the documentation included with such products) and sells all other products only on an as is basis.
THERE ARE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Seller does not represent that the products it manufactures or it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglar, robbery, or fire without warning, but it is not insurance or a guarantee that such will not occur or will not cause or lead to personal injury or property loss. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM INCLUDING A CLAIM THAT THE PRODUCT FAILED TO GIVE WARNING. However, if Seller is held liable whether directly or indirectly for any loss or damage with respect to the products and services it sells, regardless of cause or origin, its maximum liability shall not exceed the purchase price of the product or services, which shall be fixed as liquidated damages and not as a penalty, and shall be complete and exclusive remedy against the Seller. REMOVAL OF POWER FROM ANY ELECTRONICS EQUIPMENT COULD CAUSE EQUIPMENT TO FAIL AN/OR NOT REBOOT PROPERLY. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS DUE TO FAILURE OF EQUIPMENT, WHETHER EQUIPMENT IS BUYERS OR SELLERS DUE TO REMOVEL OF POWER OR SERVICES PERFORMED ON EQUIPMENT.
5. Limitation on Liability to Buyer’s Customers.
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer acknowledges that Seller shall only be deems to give consumers of its products such statutory warranties as may be required by law and at no time shall Buyer represent to its customers and /or users of Seller’s products that Seller provides any additional warranties (except as may be specifically provided herein with respect to products manufactured by Seller.) By accepting products, to the fullest extent permitted by law, Buyer assumes all liability for , and agrees to indemnify and hold Seller harmless against and defend Seller from, and all suits, claims, demands, causes of action and judgments relating to damages, whether for personal injury or to personal property or business loss, suffered by any person, firm, corporation or business association, including but not limited to , Buyer’s customers and/or users of the products because of any failure of the products to detect or warn of the danger for which the products were designed or any failure of the products whether or not such damages are caused or contributed to by the sole or joint concurring negligence of Seller
6. Return and Repair Policies.
Return for Credit Unused Product.
At its option, Seller may accept as a return for credit unused product in its unopened original package and in a condition that could be sold as new providing the product was purchased from Seller no more than thirty (30) days prior to the date of return. Buyer must provide proof of purchase within the preceding thirty (30) days and method of payment. Buyer shall be responsible for any freight on returns and returns of product must be unopened and must include all original instructions and packaging within the original box. Special order items are, at Seller’s option, non-returnable or may be returned and subject to a restocking fee. For non-returnable items, no return privileges apply. All items on AdamTelco.com fall under one of two return policies. You can read about these two return policies on our return policies page located at https://www.adamtelco.com/return-policy. AdamTelco.com will not be liable if you order the wrong product. We provide manufacturer part number information and some technical specification so that you can make an educated buying decision. Please check the manufacturer's websites for compatibility and technical information before making a purchasing decision. In no case shall shipping and handling charges be refunded.
Defective Product Replacement Policy
Bad out of Box: Solely as a convenience to Buyer provided Buyer’s account is in good standing and in Seller’s sole discretion, any product that is initially defective (bad-out-of-box) may be exchanged for a new product at no charge to buyer in accordance with the manufacturer’s policy that is being passed along to Buyer by Seller or, at Seller’s option, be returned for credit in accordance with the manufacturer’s policy. Manufacturers’ policies may vary. Buyer must provide a copy of the invoice number for the product being returned. Seller may at Buyer’s cost for freight, take the product and send it to the manufacturer. If the manufacturer determines that the product is not initially defective (bad-out-of-box) or not otherwise new or its inability to function properly is a result of user damage or abuse, Buyer shall pay Seller all charges relating to the product as well as the replacement product previously given, or if applicable, have any credit given to Buyer reversed. In no case shall any freight charges be refunded or reversed due to a failure of any product purchased at any time during it's warranty period. At Seller's sole discretion, out of box failures will be advanced replaced if Buyer has a valid credit card on file. At Seller's sole discretion, replacement items for out of box failures will be sent UPS ground and at no cost to Buyer. Buyer may opt to pay the difference to ship replacement with any Shipping Service and Level Buyer desires. Buyer takes full responsibility for return freight of warranted item in accordance with our return policies.
Product for Repair: As a convenience to and on behalf of buyer, provided buyer’s account is in good standing, in Seller’s sole discretion, Seller may ship products for warranty or other service to the appropriate manufacturer in which event any repair, shipping or handling costs will be charged to Buyer.
7. Taxes.
Prices do not include any municipal state or federal sales, us, excise, value added or similar taxes. Consequently, in addition to prices specified the amount of any present or future tax that may be imposed shall be paid by Buyer in lieu thereof Buyer will provide Seller with tax exemption certificate acceptable to the taxing authorities.
8. C.O.D. Purchases; Purchases on Credit.
All freight charges shall be for Buyer’s account on C.O.D. purchases whether products are accepted or not. With respect to purchases to Buyer on credit, Seller reserves the right at any time to revoke any credit extended to Buyer because of Buyer’s failure to pay for any products when due or for any other reason deemed good and sufficient by Seller, and in such event all subsequent shipments shall be paid for on delivery. If this invoice is not paid when due, Buyer agrees to pay all costs of the collection including agency and attorney’s fees, whether incurred in or out of court, on appeal, in arbitration, in Bankruptcy court, or in any insolvency proceedings.
9. Security Interest.
As continuing security for the balance owed Buyer to Seller for the purchase price of products sold (collectively, the “Obligations”), Buyer grants to Seller a continuing, specific and fixed purchase money security interest in and to all products now or hereafter sold to Buyer by Seller and all Proceeds (as defined in the applicable Uniform Commercial Code) thereof. Buyer shall execute, at Seller’s request, such other and further documents as may be necessary or desirable to further evidence, perfect or amend such security interest. Buyer hereby authorizes Seller to file any document or UCC Financing Statement to secure and perfect its interest granted herein without Buyer’s consent.
10. Interest on Past Due Accounts.
Interest at the maximum legal rate of 1 ½ % per month (18 per annum) or the maximum amount permitted to be charged by law, whichever is less (‘the Rate”), will be charged on overdue accounts and on any judgments obtained. Upon the failure to pay any invoice in full, the due date of any other open invoices to Buyer shall be automatically accelerated, and they shall become immediately due and payable and bear interest at the Rate as of the date of acceleration.
11. Invoice Disputes.
All invoice disputes must be submitted to Seller in writing within 60 days following the date of any such invoice. Thereafter, and absent written notice prior to the expiration of 60 days from the invoice date, Buyer waives any and all rights it may have to dispute the validity, existence or amount of such invoice.
12. Waiver.
No waiver by Seller of any of these Terms shall be deemed to constitute a waiver of any other Terms or a wave of the same or any other provision with regard to portions of this transaction or future transactions. No waiver by course of conduct or custom usage can occur.
13. Error.
Stenographic & Clerical error and omissions in the invoice are subject to correction.
14. Applicable Law And Jurisdiction
This agreement shall be deemed entered into the state of TX and the law of TX shall govern its validity, performance and construction. Courts of the State of TX have exclusive jurisdiction of any claims arising out of this contract. The parties submit to the personal jurisdiction of the state and federal courts located in the County of Harris, State of TX.
15. Assignment.
Neither party will assign any rights or obligations under these Terms without advance written consent of the other party, which consent will not be unreasonably withheld. Either party may assign these terms in connection with the sale or transfer of all or substantially all of the assets of the business to which they pertain. Any attempt to assign or delegate in violation of this clause will be void.
16. Copyright and Trademark Notice
This site is owned and operated by Adam Telco and T Technology, Inc. Unless otherwise specified, most materials appearing on this site, including the site design, Tele Technology logos, site graphics, site icons, and custom images, assembly and arrangement thereof, are the sole property of Adam Telco. Nortel, Norstar, Meridian 1, Bay Networks, and Micom are registered trademarks and copyrighted by Nortel Networks. In no way does T Technology, Inc. claim ownership of these names or logos. All audio and video clips are the sole property of Adam Telco or their respective content providers. All software used on the site is the sole property of Adam Telco or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Adam Telco's prior written permission. All rights not expressly granted herein are reserved could result in criminal or civil penalties. Any unauthorized use of the custom materials appearing on this site may violate copyright, trademark and other applicable laws and Adam Telco's trademarks or service marks of Adam Telco. All custom graphics, icons, logos and service names are trademarks or service marks of Adam Telco. All other trademarks or service marks are property of their respective owners. The use of any Adam Telco trademark or service mark without Adam Telco's express written consent is strictly prohibited.
17. Privacy
At AdamTelco.com we realize that it is the customer that enables us to exist. We are committed to respecting and protecting your privacy. Any and all customer information obtained is collected for the purpose of processing your order and supporting our customer relationship. NO PERSONAL INFORMATION IS SOLD OR OTHERWISE DISTRIBUTED.
18. Order Cancellation
If you must cancel an order for any reason, please contact us at 281-894-6606 or email us with your name, order number, item part number and description at adam@adamtelco.com. An AdamTelco.com Customer Service Representative will determine whether the order has already shipped. If your order has not been shipped, we can usually process the cancellation. If the cancellation is confirmed, AdamTelco.com will send you a confirmation email. This confirmation email is your proof of cancellation and will be necessary, in case of any questions, to waive shipping/handling and/or restocking fees. If you receive the order, then you may refuse delivery to avoid the cost of return shipping. There will be a 20% restock fee for all refused shipments. In many cases, AdamTelco.com will not be able to cancel an order because it is has already shipped. In order to offer our customers fast delivery, most orders are released from our warehouse within 24 hours of the placement of each order.
Any order placed on a credit card and then subsequently canceled will result in a 2% to 3% cancellation charge.
19. Order Acceptance
The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Seller reserves the right at any time after receipt of your order to accept or decline your order.
The Terms and conditions in this document constitute the entire agreement between the parties with respect to subject matter hereof and supersede any prior representation or agreements, oral or written, and all other communications between the parties relating to the subject matter hereof, including terms and conditions set forth on any purchase order issued by Buyer. All sales by T Technology Inc., Doing business as Tele Technology and Adam Telco (“Seller”) are expressly conditioned by and under these terms and conditions (the “Terms”). These terms may in some instances differ with those affixed to Buyer’s purchase order or other documents, if so, any additional terms or terms conflicting with these Terms will not apply and are expressly rejected unless specifically set forth in a separate written agreement between the parties. Acceptance of Buyer’s order is expressly conditioned upon Buyer’s acceptance of or assent to these Terms, which shall be established by a written acknowledgment, by implication, or by acceptance or payment for products and services ordered hereunder.. Seller’s failure to object provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in the Terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. Receipt by Buyer of any products or services sold hereunder shall be conclusively deemed acceptance of these Terms.
2. Shipment
All shipments are made FOB Origin, Freight Prepaid & Add unless otherwise specified. Title to products and risk of loss pass to Buyer upon shipment from Seller’s or affiliates warehouse. Buyer agrees to purchase and all insurance it deems necessary to indemnify it against loss in shipping. Buyer will determine any export license requirements, obtain any export license or other official authorization, and carry out any customs formalities for the export of goods. Buyer assumes all risk of loss in shipping and all liability for loss or damage, whether direct, indirect, consequential or otherwise, sue to delays once the products have been delivered to the carrier. Buyer will comply with all applicable laws, regulations, and ordinances of any governmental authority in any country having proper jurisdiction including, without limitation, those laws of the United States or other countries that regulate the import or export of the goods provided by Seller and shall obtain necessary import/export licenses in connection with any subsequent import, export, re-export, transfer, and use of all goods, technology, and software purchases, licensed, and received from Seller. Unless other mutually agreed in writing, Buyer agrees that it will not use goods in connection with any activity involving nuclear fission or fusion, any use or handling of any nuclear material, or any nuclear, chemical, or biological weapons.
3. Delivery.
Seller shall not be responsible for loss, damage, delay or failure with respect to the products if due to or arising from shortage of raw materials, fires, labor troubles of any kind, accidents, breakdown of machinery, government acts of any kind, failure of manufacturers, subcontractors or suppliers to deliver materials or supplies or to provide services as agreed or contemplated by past dealings, transportation difficulties of any kind, acts of God, acts of Buyer or anything reasonably beyond the Seller’s control, whether or not presently occurring or contemplated by either party. Sellers shall not be liable for damages, general, consequential or otherwise, or for failure to give notice of any delay until shall have such additional time within which to deliver the products as may be reasonably necessary under the circumstances and shall have the right to apportion its inventory among its customers in such a manner as it considers acceptable. Seller shall also have the right to deliver the products in installments.
4. Limited Warranty and Limitations
Products distributed by Seller are warranted by the third party manufacturer or pursuant to the terms of the warranty in the packaging, for products manufactured by Seller, for a period as defined by the third party manufacturer or in such documentation included with such products. Seller assigns to the Buyer those warranties and only those warranties extended by such third party manufacturers or vendors for non-Seller branded products and provides only those warranties included in the packaging for Seller manufactured products. Seller does not itself warranty any products than those it manufacturers (and then solely pursuant to the terms and subject to the limitations set forth in the documentation included with such products) and sells all other products only on an as is basis.
THERE ARE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Seller does not represent that the products it manufactures or it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglar, robbery, or fire without warning, but it is not insurance or a guarantee that such will not occur or will not cause or lead to personal injury or property loss. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM INCLUDING A CLAIM THAT THE PRODUCT FAILED TO GIVE WARNING. However, if Seller is held liable whether directly or indirectly for any loss or damage with respect to the products and services it sells, regardless of cause or origin, its maximum liability shall not exceed the purchase price of the product or services, which shall be fixed as liquidated damages and not as a penalty, and shall be complete and exclusive remedy against the Seller. REMOVAL OF POWER FROM ANY ELECTRONICS EQUIPMENT COULD CAUSE EQUIPMENT TO FAIL AN/OR NOT REBOOT PROPERLY. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS DUE TO FAILURE OF EQUIPMENT, WHETHER EQUIPMENT IS BUYERS OR SELLERS DUE TO REMOVEL OF POWER OR SERVICES PERFORMED ON EQUIPMENT.
5. Limitation on Liability to Buyer’s Customers.
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer acknowledges that Seller shall only be deems to give consumers of its products such statutory warranties as may be required by law and at no time shall Buyer represent to its customers and /or users of Seller’s products that Seller provides any additional warranties (except as may be specifically provided herein with respect to products manufactured by Seller.) By accepting products, to the fullest extent permitted by law, Buyer assumes all liability for , and agrees to indemnify and hold Seller harmless against and defend Seller from, and all suits, claims, demands, causes of action and judgments relating to damages, whether for personal injury or to personal property or business loss, suffered by any person, firm, corporation or business association, including but not limited to , Buyer’s customers and/or users of the products because of any failure of the products to detect or warn of the danger for which the products were designed or any failure of the products whether or not such damages are caused or contributed to by the sole or joint concurring negligence of Seller
6. Return and Repair Policies.
Return for Credit Unused Product.
At its option, Seller may accept as a return for credit unused product in its unopened original package and in a condition that could be sold as new providing the product was purchased from Seller no more than thirty (30) days prior to the date of return. Buyer must provide proof of purchase within the preceding thirty (30) days and method of payment. Buyer shall be responsible for any freight on returns and returns of product must be unopened and must include all original instructions and packaging within the original box. Special order items are, at Seller’s option, non-returnable or may be returned and subject to a restocking fee. For non-returnable items, no return privileges apply. All items on AdamTelco.com fall under one of two return policies. You can read about these two return policies on our return policies page located at https://www.adamtelco.com/return-policy. AdamTelco.com will not be liable if you order the wrong product. We provide manufacturer part number information and some technical specification so that you can make an educated buying decision. Please check the manufacturer's websites for compatibility and technical information before making a purchasing decision. In no case shall shipping and handling charges be refunded.
Defective Product Replacement Policy
Bad out of Box: Solely as a convenience to Buyer provided Buyer’s account is in good standing and in Seller’s sole discretion, any product that is initially defective (bad-out-of-box) may be exchanged for a new product at no charge to buyer in accordance with the manufacturer’s policy that is being passed along to Buyer by Seller or, at Seller’s option, be returned for credit in accordance with the manufacturer’s policy. Manufacturers’ policies may vary. Buyer must provide a copy of the invoice number for the product being returned. Seller may at Buyer’s cost for freight, take the product and send it to the manufacturer. If the manufacturer determines that the product is not initially defective (bad-out-of-box) or not otherwise new or its inability to function properly is a result of user damage or abuse, Buyer shall pay Seller all charges relating to the product as well as the replacement product previously given, or if applicable, have any credit given to Buyer reversed. In no case shall any freight charges be refunded or reversed due to a failure of any product purchased at any time during it's warranty period. At Seller's sole discretion, out of box failures will be advanced replaced if Buyer has a valid credit card on file. At Seller's sole discretion, replacement items for out of box failures will be sent UPS ground and at no cost to Buyer. Buyer may opt to pay the difference to ship replacement with any Shipping Service and Level Buyer desires. Buyer takes full responsibility for return freight of warranted item in accordance with our return policies.
Product for Repair: As a convenience to and on behalf of buyer, provided buyer’s account is in good standing, in Seller’s sole discretion, Seller may ship products for warranty or other service to the appropriate manufacturer in which event any repair, shipping or handling costs will be charged to Buyer.
7. Taxes.
Prices do not include any municipal state or federal sales, us, excise, value added or similar taxes. Consequently, in addition to prices specified the amount of any present or future tax that may be imposed shall be paid by Buyer in lieu thereof Buyer will provide Seller with tax exemption certificate acceptable to the taxing authorities.
8. C.O.D. Purchases; Purchases on Credit.
All freight charges shall be for Buyer’s account on C.O.D. purchases whether products are accepted or not. With respect to purchases to Buyer on credit, Seller reserves the right at any time to revoke any credit extended to Buyer because of Buyer’s failure to pay for any products when due or for any other reason deemed good and sufficient by Seller, and in such event all subsequent shipments shall be paid for on delivery. If this invoice is not paid when due, Buyer agrees to pay all costs of the collection including agency and attorney’s fees, whether incurred in or out of court, on appeal, in arbitration, in Bankruptcy court, or in any insolvency proceedings.
9. Security Interest.
As continuing security for the balance owed Buyer to Seller for the purchase price of products sold (collectively, the “Obligations”), Buyer grants to Seller a continuing, specific and fixed purchase money security interest in and to all products now or hereafter sold to Buyer by Seller and all Proceeds (as defined in the applicable Uniform Commercial Code) thereof. Buyer shall execute, at Seller’s request, such other and further documents as may be necessary or desirable to further evidence, perfect or amend such security interest. Buyer hereby authorizes Seller to file any document or UCC Financing Statement to secure and perfect its interest granted herein without Buyer’s consent.
10. Interest on Past Due Accounts.
Interest at the maximum legal rate of 1 ½ % per month (18 per annum) or the maximum amount permitted to be charged by law, whichever is less (‘the Rate”), will be charged on overdue accounts and on any judgments obtained. Upon the failure to pay any invoice in full, the due date of any other open invoices to Buyer shall be automatically accelerated, and they shall become immediately due and payable and bear interest at the Rate as of the date of acceleration.
11. Invoice Disputes.
All invoice disputes must be submitted to Seller in writing within 60 days following the date of any such invoice. Thereafter, and absent written notice prior to the expiration of 60 days from the invoice date, Buyer waives any and all rights it may have to dispute the validity, existence or amount of such invoice.
12. Waiver.
No waiver by Seller of any of these Terms shall be deemed to constitute a waiver of any other Terms or a wave of the same or any other provision with regard to portions of this transaction or future transactions. No waiver by course of conduct or custom usage can occur.
13. Error.
Stenographic & Clerical error and omissions in the invoice are subject to correction.
14. Applicable Law And Jurisdiction
This agreement shall be deemed entered into the state of TX and the law of TX shall govern its validity, performance and construction. Courts of the State of TX have exclusive jurisdiction of any claims arising out of this contract. The parties submit to the personal jurisdiction of the state and federal courts located in the County of Harris, State of TX.
15. Assignment.
Neither party will assign any rights or obligations under these Terms without advance written consent of the other party, which consent will not be unreasonably withheld. Either party may assign these terms in connection with the sale or transfer of all or substantially all of the assets of the business to which they pertain. Any attempt to assign or delegate in violation of this clause will be void.
16. Copyright and Trademark Notice
This site is owned and operated by Adam Telco and T Technology, Inc. Unless otherwise specified, most materials appearing on this site, including the site design, Tele Technology logos, site graphics, site icons, and custom images, assembly and arrangement thereof, are the sole property of Adam Telco. Nortel, Norstar, Meridian 1, Bay Networks, and Micom are registered trademarks and copyrighted by Nortel Networks. In no way does T Technology, Inc. claim ownership of these names or logos. All audio and video clips are the sole property of Adam Telco or their respective content providers. All software used on the site is the sole property of Adam Telco or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Adam Telco's prior written permission. All rights not expressly granted herein are reserved could result in criminal or civil penalties. Any unauthorized use of the custom materials appearing on this site may violate copyright, trademark and other applicable laws and Adam Telco's trademarks or service marks of Adam Telco. All custom graphics, icons, logos and service names are trademarks or service marks of Adam Telco. All other trademarks or service marks are property of their respective owners. The use of any Adam Telco trademark or service mark without Adam Telco's express written consent is strictly prohibited.
17. Privacy
At AdamTelco.com we realize that it is the customer that enables us to exist. We are committed to respecting and protecting your privacy. Any and all customer information obtained is collected for the purpose of processing your order and supporting our customer relationship. NO PERSONAL INFORMATION IS SOLD OR OTHERWISE DISTRIBUTED.
18. Order Cancellation
If you must cancel an order for any reason, please contact us at 281-894-6606 or email us with your name, order number, item part number and description at adam@adamtelco.com. An AdamTelco.com Customer Service Representative will determine whether the order has already shipped. If your order has not been shipped, we can usually process the cancellation. If the cancellation is confirmed, AdamTelco.com will send you a confirmation email. This confirmation email is your proof of cancellation and will be necessary, in case of any questions, to waive shipping/handling and/or restocking fees. If you receive the order, then you may refuse delivery to avoid the cost of return shipping. There will be a 20% restock fee for all refused shipments. In many cases, AdamTelco.com will not be able to cancel an order because it is has already shipped. In order to offer our customers fast delivery, most orders are released from our warehouse within 24 hours of the placement of each order.
Any order placed on a credit card and then subsequently canceled will result in a 2% to 3% cancellation charge.
19. Order Acceptance
The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Seller reserves the right at any time after receipt of your order to accept or decline your order.
