Transceivers, Direct Attach Cabling (DAC), Active Optical Cabling (AOC), Jumpers
Standard Terms and Conditions
These Standard Terms and Conditions of Sale (“Terms and Conditions”) apply to the Products listed on the Quote Sheet, Packing Slip or Invoice received by the Customer (the “Order”) from Pivotal Optics, Inc. (PVO)
Contract. By placing an Order, Customer creates a binding contract with PVO and accepts these Terms and Conditions. Any other terms and conditions contained in any purchase order or other document issued by Customer are null and void and any prior course of dealing between AN and the Customer or usage of trade will not be relevant in determining the meaning of these Terms and Conditions. No variation to these Terms and Conditions shall apply unless contained in a document signed by an officer of PVO.
Payment. Customer shall pay PVO in U.S. dollars via wire transfer or check as stated on the quote the total purchase price plus all applicable freight, sales, use, products and service, and other similar taxes or charges, custom duties, and value added tax based upon the location(s) to which the Order is shipped. PVO reserves the right to separately ship part of an Order. Customer agrees to accept delivery of Products unless it does not conform to the Order. Customer agrees to pay interest on all past due sums at the highest rate allowed by law or one and one-half percent (1 ½%) which is calculated monthly for a yearly rate of eighteen percent (18%), whichever is lower. On past due accounts, Customer will be responsible for PVO’s cost of collection including attorneys’ fees, filing fees, and court costs.
Sales. Quotations are valid for thirty (30) days or such period of time specified on the Quote Sheet. Customer shall be entitled to cancel an order, unless Quote Sheet, Invoice, or Packing Slip includes language otherwise, in whole or in part up to two (2) weeks prior to the estimated shipping date on all Cables, Optical Transceivers, Optical Passives, Open Network Switches, Open Line Systems, and Media Converters (“PVO Products”) and four (4) weeks prior to the estimated shipping date on Orders for non-PVO Products by giving written notice to PVO. Unless the cancellation notice is received in a timely fashion by PVO, PVO shall be entitled to a restocking payment equivalent to 50% (fifty percent) of the value of the cancelled Order. The Order may not be cancelled after shipment, but Products may be returned under the policies listed below.
Damage; Loss; Assignment. PVO shall not be liable for failure of the delivery service to make on-time delivery. Customer assumes all risk of loss or damage to Products following delivery. Title to merchandise does not transfer until payment in full is received by PVO. Prior to that time, Customer shall not remove, sell, pledge or mortgage the merchandise without the prior written consent of PVO. This Order or any of the rights or obligations hereunder may not be assigned by Customer without prior written consent of PVO.
Warranty and Replacement Process
All products have been thoroughly tested for defects in material and workmanship. If any product should malfunction while used in its recommended environment during the applicable warranty period, Pivotal Optics, Inc at its option, will repair or replace the product at no charge, provided the product or any part thereof has not been abused, misused, neglected, replaced, repaired, or modified. Pivotal Optics, Inc. shall make the final determination as to the existence and cause of any defect. No warranty is made with respect to custom products produced to original Buyer specifications, except as specifically stated in writing by Pivotal Optics, Inc. Buyer acknowledges and agrees that neither Pivotal Optics, Inc., nor any agent or representative of Pivotal Optics, Inc. has made any warranty, promise or guarantee regarding the product or its suitability for any particular use except as expressly set forth herein.
Pivotal Optics Inc. warranty shall not be enlarged, diminished, or affected by, and no obligation or liability shall arise or grow out of, Pivotal Optics, Inc. rendering of technical advice or service in connection with any product furnished there under. Pivotal Optics, Inc. makes no representation or warranty whatsoever to Buyer with respect to the performance, appropriate use, safety or characteristics of the products, except as expressly provided herein.
Pivotal Optics, Inc. reserves the right to make modifications to both hardware and software without prior notification. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES ON ALL PRODUCTS ARE NOT TRANSFERABLE TO ANY OTHER PRODUCT NOR ANY OTHER PERSON.
In the unlikely event of a defect or failed item, immediately make note of the part number, serial number, and issue. Email or call to submit part(s) and receive an RMA # via email. We will promptly send the RMA number and a prepaid label for shipping the defective product back to Pivotal Optics, Inc. Please let us know if there is a production link at stake, for we will often cross-ship to ensure minimal downtime. For customers who do not practice sparing, replacement product is usually in stock and ready to ship (EOL product can take a few days to complete RMA process).
THE FOREGOING IS THE COMPLETE WARRANTY FOR PIVOTAL OPTICS, INC. AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO PIVOTAL OPTICS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PIVOTAL OPTICS, INC. BE LIABLE TO THE PURCHASER OR TO THE USER OF AN PIVOTAL OPTICS, INC. PRODUCT FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS, LOST PROFITS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THE PIVOTAL OPTICS, INC. PRODUCT, EVEN IF PIVOTAL OPTICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty Duration by Product Line
Transceivers — Limited Lifetime Warranty
- Pivotal transceivers designed to reach less than 80 kilometers carry a serviceable Lifetime Warranty of 10 years from the date of purchase from Pivotal or an authorized Pivotal Optics, Inc distributor.
- Transceivers that are designed to reach 80 kilometers or further, or custom made Pivotal parts, the serviceable lifetime warranty is 5 years.
- Transceivers purchased that are not branded or programmed by Pivotal Optics, Inc. will have a warranty provided by the original manufacturer. These products may only be returned in accordance with the return policy in effect for the original manufacturer. The warranties and technical support may vary from product to product.
Direct Attach Cabling — Limited Lifetime Warranty
- Pivotal Direct Attach Cables carry a serviceable Lifetime Warranty of 10 years from the date of purchase from Pivotal or an authorized Pivotal Optics, Inc. distributor.
Cables — Limited lifetime Warranty
- Pivotal warrants to the original purchaser that its jumper, breakout and trunk cabling will be materially free from defects under normal use and service for as long as the original user owns the product, or for five years after discontinuation of such product, whichever is sooner.
You may return most new, unopened items within 15 days of delivery for a full refund. You should expect to receive your refund within four weeks of giving your package to the return shipper; however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, simply login to your account, view the order using the “Complete Orders” link under the My Account menu and click the Return Item(s) button. We’ll notify you via e-mail of your refund once we’ve received and processed the returned item.
*The mis-order of proper part number due to configuration by the client are eligible for credit only if the returned products and packaging are clean, unused, and in a fully resalable condition. A restocking charge of 25% of the sale price may be charged. Under no circumstances will credit be issued after 15 days from date of invoice. All freight charges are the responsibility of the customer.