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Terms & Conditions

Website Terms of Use

This site and the contents herein are provided as a convenience to you. The contents of BROADCAST CONCEPTS INC,  world wide web pages are provided on "as is" and "as available" basis. BROADCAST CONCEPTS INC does not warrant that its web pages will be uninterrupted or error-free. BROADCAST CONCEPTS INC, reserves the right to revise the pages or withdraw access to them at any time.

NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. BROADCAST CONCEPTS INC,  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF BROADCAST CONCEPTS INC,  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF BROADCAST CONCEPTS INC, WOULD, IN SUCH CASE, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

For your easy accessibility, BROADCAST CONCEPTS INC may include links to sites on the Internet that are owned or operated by third parties. By linking to such third-party site, you shall review and agree to that site's rules of use before using such site. You also agree that BROADCAST CONCEPTS INC,  has no control over the content of that site and cannot assume any responsibility for content, advertising, products or other material created or published by or available on such third-party sites. BROADCAST CONCEPTS INC, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. In addition, a link to a non-BROADCAST CONCEPTS INC, site does not imply that BROADCAST CONCEPTS INC, endorses the site or the products or services referenced in such third-party site

BROADCAST CONCEPTS INC Terms and Conditions of Sale dated 03/01/2012 Rev. B

Standard Terms and Conditions of Sale

These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by BROADCAST CONCEPTS INC, . and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. BROADCAST CONCEPTS INC’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as “Non-Cancelable, Non-Returnable (“NCNR”) and the sale of such Products shall be subject to the special terms and conditions contained in Seller’s Customer Acknowledgement or “NCNR Product Form”, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

2. Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

3. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

4. Payment: Payment may be made by check, money order, credit card, or wire transfer (all fees are borne by the Buyer). All credit card payments shall be deemed authorized by Buyer and Buyer agrees not to dispute or “charge back” any such credit card payments. Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs. BROADCAST CONCEPTS INC retains a purchase money security interest in all products sold by BROADCAST CONCEPTS INC to Buyer, and in the proceeds of any resale of such products, until the purchase price and any other charges due to BROADCAST CONCEPTS INC have been paid in full. Upon any breach by Buyer of these terms and conditions, BROADCAST CONCEPTS INC will have all

rights and remedies of a secured party under applicable law, which rights and remedies will be cumulative and not exclusive. Buyer is responsible for all costs and expenses incurred by BROADCAST CONCEPTS INC in collecting any sums owing by Buyer (which may include, but are not limited to, collection agency and reasonable attorneys fees). BROADCAST CONCEPTS INC shall have the right to offset any sum owed by BROADCAST CONCEPTS INC or any BROADCAST CONCEPTS INC subsidiary to Buyer against any sum owed by Buyer to BROADCAST CONCEPTS INC or any BROADCAST CONCEPTS INC subsidiary. BROADCAST CONCEPTS INC may assign accounts receivable to a BROADCAST CONCEPTS INC affiliate. In order to defray the cost of Buyer account administration, any credit balance, or sum owed to Buyer, which remain unclaimed by Buyer for a period of twelve (12) months will become the property of BROADCAST CONCEPTS INC.

5. Delivery and Title: All deliveries will be made “F.O.B.” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

6. Acceptance / Returns: Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer unless rejected upon receipt. Buyer shall perform all inspections and tests Buyer deems necessary as promptly as possible but in no event later than 10 days after delivery of product, at which time Buyer will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within 10 days after delivery. Buyer may not return Products without a return material authorization (“RMA”) number. Buyer may not return NCNR Products. Any product returned by Buyer due to Buyer’s error may be subject to a restocking charge equivalent to 50% of the value of such Product as specified in Seller’s invoice to Buyer. 

We do not accept returns or exchanges on RF power transistors. Once these parts leave our facility they can not be returned. Use extreme caution before ordering transitors. Make sure you are ordering the correct parts as exchages and returns will not be permitted. This policy update was made on 4.5.16 in response to numerous incidents of customers ordering incorrect parts. We don't have the resouces to deal with it and we can not resell parts as new once they leave our warehouse; therefore, a returned transitor is useless for us. 

7. Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value-added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Production (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.

SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

8. Limitation of Liabilities: BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.

9. Export Control : Buyer certifies that it will be the recipient of the Products to be delivered by Seller. Buyer understands that the associated hardware, software, and/or technical data (“products”) listed on their Purchase Order includes items that are governed by the U.S. Export Administration Regulations (“EAR”), by the U.S. Foreign Assets Control Regulations (“OFAC”) and the International Traffic in Arms Regulations (“ITAR”). The Buyer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State. It is understood that the country of ultimate destination, commodity classification, end-user, or end-use for any said products, could affect the applicable license requirements and exportability. The Buyer agrees to consult various resources, such as the EAR, ITAR, and OFAC, by the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws. The Seller will not transfer any export-controlled products to a non “U.S. Person” without the proper authority of the United States Government, and the buyers written approval.

10. Use of Products: Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.

Licensing
Some of our products, particularly transmitters, require an operating license. It is an offence in some other countries of the world to radiate electromagnetic waves at certain frequencies without a license. It is the Customer's responsibility to check relevant laws, regulations and directives regarding licensing and putting into service any goods commissioned by Broadcast Concepts. The Customer agrees to defend, indemnify and hold harmless Broadcast Concepts, it's employees and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from the improper or unlawful use of goods commissioned by Broadcast Concepts.

11. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

12. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

13. General: (a) The laws of the State of Florida will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller.

Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.

14. Shipping:

We use FED-EX, DHL, UPS and USPS (united states postal service). Any special shipping instructions must be sent by email, fax or telephone. If you have your own UPS or FEDEX account we will not be able to bill to it since these costs can easily be chargedback to us.

USPS is available for shipments with in the United States only. USPS is intended for small low value shipments.

Import Taxes VAT

Almost every country imposes an import tax or VAT. We do not collect VAT or import taxes. Usually shipments are not released unless all taxes are paid; however, in some situations FED-EX will invoice for taxes several weeks after the shipment is received. Please cooperate with your tax authority and pay this invoice. We will refuse to do business with anyone who does not pay these import taxes. If you disagree with this policy then please take your business somewhere else.

The present terms and conditions of sale herein shall apply unless otherwise stated in a written agreement on Broadcast Concepts official headed documentation, to both export sales and sales made by Broadcast Concepts. These terms and conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the Customer order or during any negotiations or any course of dealing established between Broadcast Concepts and the Customer, and constitute the entire understanding between Broadcast Concepts and the Customer for the sale of products or services.

Forfeiture:  It is the buyers responsibility to monitor the progress of an international shipment using the tracking number (ie FEDEX) supplied by Broadcast Concepts Inc. The buyer is responsible to clearing the package from customs. Most countries will begin forfeiture proceedings when import taxes are not paid and/or licenses and permits were not in place. We are not responsible for forfeiture actions by customs in foreign countries. (Sometimes shipments are automatically returned to us when they are rejected by customs. The buyer shall be responsible for the cost of returned freight.)

FED-EX Broker Fees

FedEx Broker Fees are the responsibility of the recipient. Failure to pay these fees may result in your name being added to customs black list. This could prevent you from receiving goods in the future from us or other merchants.

Customs tampering damage result:

In some countries incoming goods are opened inspected and repacked by customs agents. In many cases the goods are not repacked properly. We cannot assume responsibility for package tampering. This is a big problem in most countries in South America. Please understand that if you are importing something from us you will be assuming some risk of damage.

FED-EX Signature Release Waivers - Domestic Shipments:

If you are ordering a product from us or one of our distributors please make sure that you do not have a FED-EX signature  release waiver on file with FED-EX. It is the customer’s responsibility to monitor package progress with the FED-EX tracking number and arrange for secure delivery. Any shipment that is claimed as lost with a release waiver shall be the customer’s loss and not ours.

All FED-EX domestic shipments are insured for $100.00 USD with no signature required. Additional insurance and signature upon delivery service are available if requested. Broadcast Concepts Inc shall in no way assume liability for a shipment that is lost, stolen or destroyed. We will attempt to file a claim and forward any insurance payout to the customer when applicable.

Please note that orders cannot be canceled after they are shipped.  Any chargeback is considered an order cancelation and we will pursue remedies with the chargeback issuer ie, credit card company or PayPal to enforce our terms and conditions.

15. Miscellaneous

  • We accept VISA/MC Discover,  Amercian Express and Paypal under certain conditions. For more information please contact us. Paypal is being accepted for US domestic orders to verified addresses only.
  • We also accept Bank Wire Transfers, Moneygram, Western Union and cash payments.
  • All products are thoroughly tested prior to shipment; however, we do not provide test data or test reports. If we were to collect data on every product that we sell it would significantly increase product costs and lead-time with no benefit in quality. We have developed our own internal test procedures to guarantee that all products meet advertised specifications. If your application requires a test report please specify the data you want collected. Our engineering labor rate is $100.00 per hour with a 1 hour minimum lot charge
  • We reserve the right to refuse business from any person for any reason
  • The parts and any workmanship commissioned by Broadcast Concepts is guaranteed for a period of 12 months from the date of the sales invoice against manufacturing defects, providing the goods: in the case of kits, are constructed and soldered properly; are not subject to use that is beyond normal/reasonable wear and tear; are not powered with an unsuitable power supply, power source or battery;
  • in the case of transmitters are not operated with an unsuitable antennas or RF loads that cause damage to the output transistors; are not damaged from excessive over heating due to inadequate ventilation;
  • RF Pallets are guaranteed against defects in workmanship and failures resulting from said defects. Any other type of failure is not covered. There are many factors that can cause a pallet to fail. Improper installation, lightning, power issues, etc. We cannot assume liability for these situations.
  • Anyone who uses MFJ test equipment with our products voids all warranty and we may refuse business and technical support in this case. MFJ test equipment includes dummy loads VSWR meters and anything else that they sell. There are several technical reasons for this.
  • Anyone who uses a multi-meter to "test" a new RF power transistor purchased from us is in violation of our terms and conditions. Furthermore you agree not to test RF transistors in "transistor testers" or any other device designed for "testing" semiconductors.  Any person who claims that a transistor is "defective" based on these tests shall be in direct violation of our terms and conditions and will result in termination of all business and communication with you. These tests are harmful to RF power transistors. If you disagee then please take your business somewhere else!!!!
  • Qualifying goods will be repaired or, at our option, replaced providing the goods are returned to us, carriage paid and suitably packaged within a 12 month period, together with a copy of the original sales invoice. To prevent import charges being made on returned goods from countries and territories outside the USA, 4 photocopies of the original Broadcast Concepts sale invoice should be attached to the outside of the packaging, together with the relevant completed customs documentation stating that the goods originated from the USA and are being returned for repair/replacement. Under no circumstances will any returned goods requiring payment of import charges be accepted by Broadcast Concepts
  • Broadcast Concepts are trademarks of Broadcast Concepts. Internet domain name Broadcast Concepts.com is licensed and owned by Broadcast Concepts. All materials on any web site server using an Broadcast Concepts controlled domain name, brochure, any price list or advertising material, including, but not limited to the images, logos, text, JavaScript, illustrations and designs may not be copied, reproduced, republished, uploaded, posted or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of Broadcast Concepts, modification of the materials, use of the materials on any other web site or networked computer environment is a violation of the copyrights, trademarks and other proprietary rights and is prohibited
  • Broadcast Concepts takes all reasonable steps in the course of business to ensure that any work commissioned does not infringe any patent, design, trademark, copyright or any other rights of third parties.
  • We do not accept returns on sales older than 30 days.
  • RF power transistors and pallets that have been soldered or installed cannot be returned.
  • We do not warranty RF power transistors and RF resistors.

16. Repairs:

  • RF Pallets are not designed to be serviced by the end user. We will refuse to service any pallet that shows evidence of self-repair.
  • We will not service any pallet that has lightning damage, pcb burn damage, missing/damaged pcb traces.

17. Meanwell Power Supplies

  •  We do not provide warranty service on Meanwell power supplies. In the event of a failure the power supply should be returned directly to Meanwell USA or retuned  to us and we will forward it to them at the customers request. Shipping charges to and from our facility and to the factory are the responsibility of the warranty claimant. Broadcast Conepts Inc assumes no liability for defective power supplies and we will not replace them. All power supply sales are NCNR. Non cancelable and non returnable. Please take extreme care in making your purchase.