Terms and Conditions
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As stated, the accuracy of all information and data in this website is provided "As-Is" and with no guarantee or assurance of warranty, expressively or implicitly. We reserve all rights to add, delete, modify, omit, rearrange or summarize any information in this website at any time. Individuals, entities, or organizations are prohibited from reproducing or disseminating information or data obtained on this website, except wherein we have expressly authorized.
General Disclaimer and Limitation
Acceptance of any order is subject to approval and acceptance of order by Portland Williams, Llc (seller) and when applicable, its suppliers. Seller reserves the right to terminate upon notice to buyer and without liability to seller.
Prices listed and/or quoted are estimated and subject to change upon the scope of work, job site or change in order. Taxes and shipping costs listed are estimates, shipping costs may vary based on time of purchase, quantity ordered, delivery change, shipment carrier, weight and warehouse sourced.
Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse seller for any such tax or provide us with acceptable tax exemption certificate.
Actual shipping costs will be calculated during shipment and will be reflected on your invoice. The quoted products were selected based on specifications available at the time of the quotation, and are not guaranteed to meet bid specifications. It is your responsibility to verify product conformance to specifications of any subsequent contract. All product design, descriptions, specifications, subscriptions, prices and availability are subject to change by manufacturer and/or supplier without notice.
All products including but not limited to, software, license, maintenance, service, special order, non-stock, refurbished, remanufactured or used are non-cancellable nonreturnable (ncnr). All sales are final. Items ordered cannot be cancelled once a purchase order has been placed with seller, in whole or in part, including items finished, in transit or in production.
Refurbished, remanufactured, or used products include thirty day limited warranty on parts and labor. The warranty period start at date of purchase or shipment, whichever occurs first. Products must be received by seller prior to expiration of the warranty period. Products returned outside the warranty period, or without Return Materials Authorization (RMA), and without all original parts present, will not be accepted. Products received by seller which have been damaged in transit due to improper packaging, shipping, or other factors beyond the control of seller will not be accepted.
Force Majeure, seller will not be liable or held responsible for any delays or losses resulting, directly or indirectly from acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of product, war, riots, market conditions, shortages and any other circumstances or causes beyond our control.
No Assignment, no rights or obligations of buyer arising out of this contract may be assigned without express prior written consent of seller. Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of seller, and any such assignment, without such consent, shall be void.
The oversight of seller to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement. All logos, product names, slogans, and trademarks are the property of their respective owners.
These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon seller unless made in writing and signed on its behalf by a duly authorized representative of seller. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by buyer, such acceptance is expressly conditional upon buyer's assent to any additional or different terms set forth herein.
Seller is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond our reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Seller be liable for any consequential or special damages arising from any delay in shipment or delivery. Damaged material must be noted on the bill of lading at final destination point. The receiver must file a freight claim with the carrier. Seller is not responsible for material damaged in transit.
Quoted prices are valid up to thirty days, but subject to change at anytime based on seller's internal computations, supplier change, market conditions, or at the discretion of manufacturer, without notice. Typographical or clerical errors made by seller in any quotation, acknowledgment or publication is subject to correction.
Payments are nonrefundable. As a condition of sale, a monthly service fee of one and a half percent or U.S. federal corporate income tax rate, whichever is greater, will be charged on invoice unpaid thirty days after invoice date.
Should seller be required to utilize the services of an attorney or resort to any legal proceedings to collect any amount due from buyer, then buyer shall be liable, in addition to interest at the maximum legal rate from the date such amount is due, for reasonable attorney’s fees and/or court costs.
Portland Williams engineering and technology services company