Terms and Conditions of Sale

PLEASE READ THESE MASTER TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

AS THE CUSTOMER, YOU AGREE TO BE BOUND BY THESE MASTER TERMS AND CONDITIONS OF SALE.

Important information about this legal contract:

These Master Terms and Conditions are a legal contract between the Customer and Networktastic Corp, dba patchcordsonline.com (“Patch Cords Online Line”). The Customer accepts these Master Terms and Conditions by making a purchase, placing an order, or otherwise shopping on the Patch Cords Online website. The Master Terms and Conditions are subject to change without prior notice, except that the terms and conditions posted on the Patch Cords Online website at the time the Customer initially places or modifies an order will govern the order in question.

The Master Terms and Conditions, along with Patch Cords Online’s invoice with the terms and conditions therein, Patch Cords Online’s Privacy Policy, and Patch Cords Online’s RMA/Warranty Returns Policy (collectively, “Sales Agreement”), constitutes the entire agreement between the Customer and Patch Cords Online relating to the purchase or sale of goods or services, and supersedes all other agreements, oral or written, and all other communications suggesting additional or different terms between Patch Cords Online and the Customer.

The Sale Agreement may only be amended, modified, cancelled or terminated with regard to goods or services that have been purchased or sold on this website in writing signed by Patch Cords Online. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Patch Cords Online at the address provided below.

In the event of any conflict between the terms and conditions stated on the Customer’s purchase order and this Sale Agreement, the Customer agrees that the provisions of this Sale Agreement shall control. Any proposal for additional or different terms or any attempt by the Customer to vary in any degree any of the terms hereof is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by the Customer shall be effective to alter or add to the terms and conditions in the Sales Agreement.

Sales Tax

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases. A complete statement can be found here.

IMPORTANT NOTICE

Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

Where we collect Sales Tax

We collect sales tax in states where we have physical presence (or nexus), including Texas. Networktastic Corp also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

NETWORKTASTIC CORP DOES NOT COLLECT SALES TAX in any state NOT listed above because Networktastic Corp is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS

NETWORKTASTIC CORP DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.

Title / Risk of Loss

Title to the goods being purchased is retained by Patch Cords Online until the goods are paid for by the Customer and at that time title passes to the Customer. Loss or damage that occurs during shipping by a carrier selected by Patch Cords Online is Patch Cords Online’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

Delivery

All shipping and delivery dates are estimates based upon prompt receipt of all necessary information. Delays in securing Customer’s approval of necessary specifications or samples of the goods shall, if Patch Cords Online so chooses, extend the date of delivery. Patch Cords Online shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delays in delivery.

Cancellations

Order cancellations are subject to cancellation charges as calculated by Patch Cords Online to cover all costs and expenses incurred prior to the cancellation of said order. Cancellation charges may include, but are not limited to, all costs and expenses incurred in producing the goods (both completed and in process) and the cost of all items and special materials purchased for such order. Cancellation charges may be the total cost of manufacturing the goods.

Third-Party Product Disclaimer

All products sold by Patch Cords Online are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to the original manufacturer’s warranty and compliance.

Pricing and Information Disclaimer

All pricing is subject to change. For all prices, products and offers, Patch Cords Online reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While Patch Cords Online uses reasonable efforts to include accurate and up-to-date information on their website, Patch Cords Online makes no warranties or representations as to the Site's accuracy. Patch Cords Online assumes no liability or responsibility for any errors or omissions in the content on its website.

Limitation of Liability

  1. Patch Cords Online provides this specific limited warranty that it will repair or replace products it finds to be defective in material and workmanship for one (1) year from the date of delivery. The warranty does not include any promises, duties, obligations or otherwise of Patch Cords Online that are not explicitly outlined in the applicable warranty. See specific warranty information on this website.
  2. Buyer is responsible for testing the goods before installation. If Buyer determines that the goods fail to conform to the applicable specifications, Buyer must notify Patch Cords Online in writing within seven (7) days of delivery at which point Patch Cords Online will refund the purchase price. After seven (7) days after delivery, but within one (1) year of delivery, Buyer may notify Patch Cords Online in writing if any goods fail to conform to the applicable specifications at which point Patch Cords Online will replace any portion of the goods it finds to be defective. Buyer acknowledges the amount of time to permit Patch Cords Online to examine and test the goods. This represents Buyer’s sole remedy for any breach of warranty. All warranty requests shall adhere to Patch Cords Online’s Return Policy.
  3. EXCEPT AS STATED HEREIN, PATCH CORDS ONLINE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PATCH CORDS ONLINE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF APPLICABLE. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THIS AGREEMENT BETWEEN PATCH CORDS ONLINE AND BUYER SHALL NOT CONFER ANY THIRD-PARTY BENEFICIARY RIGHTS AND SHALL EXCLUDE ALL SUCH RIGHTS. IN ADDITION, BUYER AGREES THAT IF THERE IS AN ALLEGED PRODUCT DEFECT, DEFECTIVE LABELING OR OTHERWISE, BUYER SHALL SEEK REDRESS ONLY FROM THE MANUFACTURER OF SUCH GOODS, AND BUYER WAIVES AND RELEASES PATCH CORDS ONLINE FROM SUCH CLAIMS. PATCH CORDS ONLINE WILL REASONABLY COOPERATE IN THAT REGARD AT BUYER’S COST AND EXPENSE.
  4. Patch Cords Online’s liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of Patch Cords Online, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the goods with respect to which such liability is claimed or, where appropriate and at the option of Patch Cords Online, to replacement of the goods thereof. In no case will Patch Cords Online be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the goods or their sale, use, or manufacture. PATCH CORDS ONLINE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. PATCH CORDS ONLINE WILL NOT BE LIABLE FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, PATCH CORDS ONLINE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE UNDER THIS SALES AGREEMENT.
  5. Patch Cords Online reserves the right, at any time, to make changes in the design of specification of the goods, or any part thereof, which Patch Cords Online, in its sole discretion, believes will constitute an improvement in such goods or parts thereof.
  6. Patch Cords Online is not liable for any alterations of the goods, improper maintenance, abuse of the goods, or improper installation thereof.

Force Majeure

Patch Cords Online shall not be liable for any delay in or failure of performance hereunder due to any contingency beyond its reasonable control, including without limitation: an act of God; war; civil commotion; sabotage; labor dispute; explosion; fire; accident; power or equipment failure; inability to obtain suitable or sufficient labor, fuel, power, or material; delay of carrier; embargo; or any law, ordinance, rule, or regulation, whether valid or invalid.

Applicable Law

This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to its rules for conflict of law. Customer agrees that any dispute or claim arising out of this Sales Agreement shall initially be submitted to mediation with a private mediator in the County of Denton, Texas. If the dispute or claim cannot be resolved by mediation, the parties shall submit to neutral binding arbitration by a single arbitrator in the County of Denton, Texas, in accordance with the Commercial Arbitrations Rules of the American Arbitration Association.

Hours of Operation

Monday through Friday 8:00 a.m. to 5:00 p.m. CST (excluding holidays)

Check Payment Policy

Patch Cords Online will accept a cashiers check or money order on all COD orders. COD Company check terms are available upon completion and acceptance of a Patch Cords Online credit application. Payments not made on time for invoices due are subject to a 1.5% late penalty. Patch Cords Online will accept personal and business checks for prepay orders, which may take up to 10 business days to clear.

Patch Cords Online’s Terms and Conditions of Website Use

PLEASE READ THESE TERMS AND CONDITIONS OF WEBSITE USE VERY CAREFULLY.

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEBSITE (THE "SITE") OPERATED BY NETWORKTASTIC CORP, INC. DBA PATCH CORDS ONLINE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important information about this legal contract

You agree to these Terms and Conditions of Website Use and Patch Cords Online’s Privacy Policy outlined on the Site (collectively “User Agreement”) by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time and at Patch Cords Online's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should review the Terms and Conditions of Website Use and the Privacy Policy frequently.

Acceptance of Contract Terms

The User Agreement and all of its terms and conditions constitute a legal contract between you and Networktastic Corp dba (“Patch Cords Online"). (References to "you" or "your" shall relate to a customer of Patch Cords Online or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Patch Cords Online" shall relate to Networktastic Corp and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Do not use this Site if you do not agree to this User Agreement, as it may be changed by Patch Cords Online from time to time. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Patch Cords Online from its offices within the United States. Patch Cords Online makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so, on their own initiative and risk and are responsible for compliance with applicable local laws.

Access, Interference and Linking

Patch Cords Online grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Patch Cords Online.

The following activity on the Site is expressly prohibited

Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Patch Cords Online; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.

Any unauthorized use terminates the license granted by Patch Cords Online.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of the Site so long as the link does not portray Patch Cords Online, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Patch Cords Online logo or other proprietary graphic or trademark as part of the link without express written permission.

Use Restrictions

The copyright in all material provided on this Site is held by Patch Cords Online or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Patch Cords Online or the copyright owner.

Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission automatically terminates if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Patch Cords Online's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PATCH CORDS ONLINE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PATCH CORDS ONLINE OR A PATCH CORDS ONLINE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

Governing Law

The User Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to rules for conflict of law. By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Patch Cords Online, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, SHALL INITIALLY BE SUBMITTED TO MEDIATION WITH A PRIVATE MEDIATOR IN THE COUNTY OF DENTON, TEXAS. IF THE CLAIM OR DISPUTE CANNOT BE RESOLVED BY MEDIATION, ALL PARTIES SHALL SUBMIT TO NEUTRAL BINDING ARBITRATION BY A SINGLE ARBITRATOR IN THE COUNTY OF DENTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATIONS RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

Disagreement with These Terms and Conditions

If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.

Links to other materials

Patch Cords Online does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site. Patch Cords Online reserves the right to terminate any link or linking program at any time. Patch Cords Online does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.