Used (dba Tracer Electronics LLC)
Terms of sale.

The terms and conditions contained herein constitute the entire agreement between Used (dba Tracer Electronics LLC) and (referred to as Tracer) and its customer. Tracer will not be bound by any terms of customer’s order to purchase. No form of acceptance except Tracer’s written acknowledgement sent to customer, or Tracer’s commencement of performance, shall constitute valid acceptance of the customer’s order. Any such acceptance is expressly conditioned on assent to the terms hereof and the exclusion of all other terms. The customer shall be deemed to have assented to the terms hereof, whether or not previously received, upon accepting delivery of any product shipped by Tracer. Tracer shall not be liable for delay or failure in performance whatsoever due to acts of God, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, explosion, epidemics, or other occurrences beyond Tracer’s reasonable control or due to unforeseen circumstances. Tracer makes no claim as to the suitability for purpose of its product, nor does Tracer make any guarantees with respect to the level of performance of its product utilized in any given application or use by its customer.

Price quotations are valid for 60 days or until sold out. Quantity price discounts may apply to purchase orders with single or multiple ship dates for up to one year. Quantity discount rates may vary depending on product type. Tracer may change its pricing at any time without prior notice to customer, but such changes shall not affect any accepted orders. All prices are exclusive of taxes and all handling or other charges, including (without limitation), brokerage fees, tariffs, taxes, and transportation and shipping charges. We are required by state and local law to collect sales taxes on orders shipping to Florida, Georgia, Ohio, South Carolina, and Tennessee. If you are tax exempt, you will be required to provide proof before we can waive any sales tax.

Order Acceptance
Written purchase orders are required for all purchases except credit card and website orders. Orders initiated by purchase order shall constitute a firm offer and shall indicate specific products, quantity, price, shipping instructions, requested delivery dates, bill-to and ship-to addresses, and any other special instructions. Any contingencies contained on such order are not binding upon Tracer. All orders are subject to acceptance by Tracer, who will accept or reject orders according to Tracer’s then current practices.

Order Changes and Cancellations
Purchase order changes affecting product configuration/options must be authorized by Tracer in advance and may be subject to additional charges and/or price adjustments. Order cancellations are subject to cancellation penalties and price adjustments for product already shipped. Purchaser is obligated to accept any product built and held in inventory at Tracer, and for any components ordered for non-standard product.

Upon receipt of purchase order, Tracer will provide an estimate of lead-time until delivery. While this is not a binding commitment, Tracer will make every effort to make delivery based on this lead-time estimate. Accelerated deliveries may be available with an expedite fee. Late delivery does not entitle the customer to cancel the order or to claim damages. Tracer is not obligated to pay any contractual penalty should it delay in delivering product.

All shipments are FOB shipping point, including drop shipments from our suppliers. Shipping costs and the risk of loss from FOB point are the responsibility of the customer. Tracer shall be permitted to make partial shipments of products. Delivery shall be deemed completed upon transfer of possession to the carrier at the FOB point. All claims for shortage of products ordered or for incorrect charges must be presented to Tracer within ten (10) calendar days after receipt by customer.

Payment for all products and services shall be in U.S. dollars. Upon credit approval by Tracer, payment terms shall be net thirty (30) days from the date of invoice. Orders may be subject to payment in advance or cash on delivery. Any delinquent invoice is subject to additional charges not to exceed the maximum permitted by law. First time customers or website customers must pay by credit card, COD, or money order.

Products being returned for warranty repair or modification must be pre-authorized by contacting Tracer for a Return Material Authorization (RMA) number. Standard product returns are subject to a 25% re-stocking charge. Custom products may not be returnable. Products being returned must be packaged properly, and must be shipped to Tracer using original packaging material. Refer to RMA number on shipping documents and on outside of package. Mark package “Fragile - Contains Electronic Instruments.” Ship returned items to 6981 Eastgate Blvd., Lebanon, TN 37090, USA.

Unless otherwise noted, Tracer warrants refurbished/used products to be free of defect in workmanship and material for a period of ninety (90) days from the date of shipment. Some products such as DEMO equipment may have manufacturers warranties longer than 90-days. New items are covered by manufacturers standard warranty policies. The customer must make all claims under these warranties, and no claim will be accepted from a third party. Warranties are non-transferable. Tracer will repair or replace product, provided customer notifies Tracer of defect within warranty period and pre-authorizes return of product as outlined in “Returns” section above. Any product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the product. All repairs are warranted for a period of ninety (90) days. Tracer’s liability is limited to the "normal" repair of the product. Tracer is not responsible for consequential damages.

Safety and Limitation of Liability
Always refer to manufacturers instruction manuals for proper operational procedures. Tracer does not always provide instruction manuals with used equipment. Purchaser is responsible for determining appropriate safety practices and warnings when operating products. Except for the warranties stated herein for the customer, no warranty, condition or representation, express, oral, or statutory, is provided to the customer or any third party, including (without limitation) any warranty, condition or representation (a) of merchantability, fitness for a particular purpose, satisfactory quality, or arising from a course of dealing, usage, or trade practice; or (b) that the products will be free from infringement or violation of any rights, including intellectual property rights, of third parties. This disclaimer and exclusion shall apply even if the express warranty herein fails of its essential purpose. The customer’s sole and exclusive remedies hereunder and the only liability of Tracer is expressly limited to the terms of this agreement. Tracer shall not be liable to the customer, or any third party, for any other special, consequential, incidental, exemplary or indirect costs or damages, including without limitation, legal costs, installation and removal costs, production or profit arising from any cause whatsoever, regardless of the form of the action, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such costs or damages. For the purposes of this provision, “Tracer” includes Tracer’s directors, officers, employees, agents, representatives, subcontractors, and suppliers. In no event shall the total collective liability of Tracer, its employees, officers, agents, and directors exceed the amount paid to Tracer for products from which such liability arose during the twelve (12) month period preceding the date of the most recent claim.

Product Delivery/Sales Territory
Tracer distribution territory for new products is limited contractually by each of its original supplier entities. Our main sales and training territory consist of the states of Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina and Tennessee. Some of our entities allow us to sell nationally, but its our policy to limit our sales to the states mentioned above. The customer agrees by placing an order that the products purchased will be primarily used within our primary sales and training territories. Used/refurbished equipment purchased from the Used website has no sales boundary or regional limitation.

Export Orders
Customer shall obtain all licenses, permits and approvals required by any government and shall comply with all applicable laws, rules, policies and procedures of the applicable government and other competent authorities. Customer shall indemnify and hold Tracer harmless for any violation or alleged violation by customer of such laws, rules, policies, or procedures. Customer shall not export or re-export, directly or indirectly, separately or as part of any system, the products or any technical data received from Tracer, without first obtaining any license required by the applicable government, including (without limitation) the United States government and/or any other applicable competent authority. Customer also certifies that none of the products or technical data supplied by Tracer will be sold or otherwise transferred to, or made available for use by or for, any entity that is engaged in the design, development, production, or use of nuclear, biological, or chemical weapons or missile technology.

The validity, interpretation and performance of this agreement shall be governed by and construed under the applicable laws of the State of Tennessee and the United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of laws. The parties specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. Tracer and Customer hereby irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Tennessee and all courts competent to hear appeal there from.