Sales Terms & Conditions

Shipping and Return Policies
DAMAGED OR MISSING – Shortages and/or damages must be noted on the Bill of Lading (BOL)/Packing Slip at the time of delivery. Any boxes showing physical signs of mishandling including but not limited to impact, puncture, crease or tear MUST BE NOTED IN WRITING AND ACKNOWLEDGED BY DELIVERING AGENT AT TIME OF DELIVERY. CUSTOMER MUST RETAIN A COPY OF THIS EXCEPTION IN ORDER TO FILE A CLAIM. Commercial Electronic Solutions, LLC. hereafter Commercial Electronic Solutions or CES, cannot make claims to carriers for shipments that customers accept as complete and/or where “damage” is not indicated on the bill of lading at time of delivery. A description of the damage or missing freight (shortage) must be noted on the original BOL when signing and accepting delivery. The driver must also sign the document, acknowledging the shortage and or visible damage and a copy of this document should be retained as required to file a claim. If the exceptions are not noted at the time of delivery, the request will be denied and CES will not be held responsible. CES must be notified by the recipient, client or end-user of the claim within 24 hours by contacting our service department at 407-674-7965 or fax the information to 407-386-6502. The model number, serial number, quantity missing and a copy of the BOL must be included in your correspondence. Upon receiving appropriate notification, CES will investigate the shortage/damage and provide a claim status within 3 working days.

CONCEALED DAMAGE – Concealed Damage, defined as product found damaged when unpacked in a box that does not show any physical signs of damage, must be reported within 30 days from the date of delivery, no exceptions. All boxes and packing materials must be retained for inspection. Product that is damaged and claimed in a box that shows any signs of visible damage is not considered concealed damage. Boxes with signs of physical damage must be noted and acknowledged in writing by delivering agent.

RETURN POLICY* – CES is not obligated to authorize any product returns. At CES’s discretion a customer may return product and receive a product replacement or credit up to the amount invoiced (less freight cost) subject to the following; (a) return requests must be made within 10 days from the date of invoice and authorized returns must be returned to the location designated by CES within 14 days of issuance of a return authorization. (b) Request for return must be in writing and include model number and serial number of each item, return quantity, reason for return, customer name, contact name, telephone number and email address of person requesting the return. The average processing time is 3 business days. If you do not receive your return authorization number within this time frame, please resubmit your request. Once a return authorization number is issued, a representative from the service department will contact you to provide instructions. Returns are subject to a restocking fee of 15%. To receive full credit less the restocking fee, the returned product must be new and unused, in its original carton, with all packing materials and with all original accessories (remote, service manual, stand, cables etc.). All shipping charges, risk of loss and related expenses associated with a product return will be the sole responsibility of the Customer. A return authorization number is required for all returns; items received without a return authorization will be refused.

RETURN PROCESS – A return authorization can be requested by phone or by faxing your request to 407-386-6502 “Attention: Service and Returns Department”.
The following information must be included with your request:
When returning items to our warehouse:

1. Send returns prepaid
2. Attach a packing list along with the issued RA number
3. Carefully pack the item in its original box (if applicable, Shrink-wrap pallets for protection)

* Items not in their original boxes will not be accepted without pre-approval.
All return authorized products will be repaired or replaced by CES. Credits for returns, repair or replacement will be issued at the discretion of CES. Restocking charges may apply

PAYMENT – Should credit be extended, payment must be made within 30 days of date on invoice. Any account that is not paid within this period is subject to a monthly service charge and the account will be placed on prepaid terms. As security for the payment of the entire balance owed by Buyer to Seller, Seller shall retain, and Buyer hereby grants to Seller, a security interest in and to the goods sold to Buyer, together with all proceeds and products of and insurance on such goods. In furtherance thereof, seller may, in the manner provided by law, retake the goods and in addition thereto pursue any other remedies provided by law, including but not limited to, those remedies set forth in these Terms and Conditions. Buyer will execute and deliver to Seller on demand, and hereby irrevocably appoints Seller (or an officer of Seller) the attorney-in-fact of Buyer (which appointment is agreed to be coupled with an interest) to execute, deliver and file such financing statements and other instruments (including but not limited to Uniform Commercial Code continuation statements) and Buyer shall pay to Seller all costs associated with the foregoing. Seller agrees to pay $25 fee for any returned checks due to insufficient funds.

SALES TAX – Buyer is responsible for payment of applicable sales tax based on the actual rate at time of delivery. Tax exempt sales must be accompanied by a valid tax exempt certificate. The resale certificate must be submitted for the state in which the goods and or services are delivered. If any certificate of Buyer is deemed invalid by any applicable taxing authority, Buyer shall pay all such taxes and any fines, penalties, or costs arising out of such invalid certificate.

SHIPMENT – Shipment dates quoted are approximated and subject to manufacturer availability. Commercial Electronic Solutions, LLC, does not guarantee a particular date for shipment or delivery. All shipments are bound to the terms and policies set forth below. All orders are shipped FOB originating warehouse. Method and route of shipment are at Seller’s discretion. Risk of loss or damage to the products shall pass from Seller to Buyer as soon as the products are picked up by the freight carrier, and title shall pass to Buyer at that time. All risk of loss or damage in transit shall be borne by Buyer. Delay in delivery or non-delivery of the Products, in whole or part, shall not be a breach of Seller’s duty if Seller’s performance has been made impracticable: (a) by acts of God or the public enemy, war, insurrections or riots, government priorities, fires, floods, quarantine restrictions, failure of transportation, strikes and labor disputes causing cessation, slowdown or interruption of work involving Seller or any material or component supplier, unavailability of product, or any other contingency beyond the control of Seller, the non-occurrence of which is hereby deemed to be a basic assumption on which the Agreement was made, or (b) by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not it later proves to be valid.

DELAYS – Delays caused by conditions beyond the reasonable control of either party shall not be the liability of either party to this Agreement.

TERMINATION/EXPIRATION – Commercial Electronic Solutions reserves the right to discontinue its service at any time if payments have not been made as agreed, or if applicant has not held its end of the agreement. All orders contain an expiration date of 90 days. Failure of Commercial Electronic Solutions, LLC. to cancel an order accordingly shall not be construed as an extension of an order. All extensions must be evidenced in writing.

CLAIMS – Any suits arising from the performance or non-performance of this agreement, whether based on contract, strict liability, negligence or otherwise shall be brought within one year from date the claim arose. Any dispute arising under this agreement shall be governed under Florida State Law. Upon accepting this agreement, undersigned accepts that all action brought against Commercial Electronic Solutions, LLC. shall be disputed and resolved in Orange County, FL and brought in the venue of choice for Commercial Electronic Solutions, LLC. Under no circumstance shall Commercial Electronic Solutions be held liable for any incidental, special or consequential damages, including loss of revenue, loss of use of goods, or economic damages based on strict liability, negligence or otherwise. Commercial Electronic Solutions maximum liability for any reason except personal injury, shall consist of all the monies paid by Customer to Commercial Electronic Solutions under this agreement.

MODIFICATION/SUPERSEDURE – This agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written statement. No modifications to this agreement shall be binding. Seller shall not be bound by any printed matter appearing on forms or orders submitted by Buyer which attempts to impose upon Seller terms and conditions which are different from and/or additional to these Terms and Conditions. Any such additional and/or different terms and conditions are deemed to materially alter the Terms and Conditions and are hereby objected to and rejected by Seller. Any such additional and/or different terms and conditions submitted by the Buyer shall constitute proposals for additions to the Agreement and shall not become part of the Agreement unless an authorized representative of Seller consents in writing to such additional and/or different terms and conditions by making specific reference to the additional and/or different terms and conditions.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY – ANY WARRANTY OFFERED ON PRODUCTS SOLD BY COMMERCIAL ELECTRONIC SOLUTIONS, LLC ARE OFFERED EXCLUSIVELY BY THE MANUFACTURER. THE SELLER, COMMERCIAL ELECTRONIC SOLUTIONS LLC, DOES NOT WARRANTY ANY OF ITS PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER APPEARING IN THE SELLER’S CATALOG, QUOTATION, ADVERTISING MATERIALS OR ELSEWHERE STATED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM PRODUCT FAILURE OR PERFORMANCE INCLUDING BUT NOT LIMITED TO, DAMAGES,LOSS OF TIME, INCONVENIENCE OR LOSS OF COMMERCIAL REVENUE.

Assignment – Buyer shall not assign any of its rights nor delegate any of its duties or obligations under this Agreement without the prior written approval of Seller. Any such assignment or delegation without Seller’s prior written consent shall be null and void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the successors, legal representatives and assigns of Seller and Buyer.
Waiver – No course of dealing between Seller and Buyer or delay on the part of Seller in exercising any rights hereunder shall operate as a waiver of any of Seller’s rights hereunder. Seller’s waiver or acceptance of any breach by Buyer of any provision of the Agreement shall not constitute a waiver of or excuse for nonperformance as to any other provision of the Agreement nor as to any prior or subsequent breach of the same provision.

Enforceability – The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other terms or conditions hereof.

Integration – This Agreement is intended by the parties as a final expression of their agreement and is also intended as a complete and inclusive statement of the terms of their agreement. This Agreement shall not be altered, modified or changed in any manner except by an instrument in writing signed by a duly authorized representative of Seller.

Governing Law – This Agreement shall be governed by and interpreted in accordance with the laws of the state of Florida (without regard to its conflict of laws principals), including the Uniform Commercial Code as in force and effect in the state of Florida on the date of Buyer’s acceptance of the offer.