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Important Notice
Seller’s acceptance of buyer’s order is on the condition that only these Terms apply. Unless buyer immediately provides seller with its written objections, buyer’s order is deemed to be buyer’s acceptance of these Terms. Seller’s failure to object to buyer’s different or additional terms is not a waiver of any of these Terms.
These Terms & Conditions govern all sales of cable products and materials by Casmo Cable. By placing an order, you agree to be bound by all terms herein.
1. Ordering & Payment
Includes: Order Acceptance (1) • Price (2) • Taxes (3) • Past Due Accounts (10) • Orders Not Taken (15)
Order Acceptance & Credit Approval
All orders are subject to credit approval and acceptance by seller. We reserve the right to verify buyer’s creditworthiness before confirming any order. Once accepted, orders become binding on both parties unless modified in writing.
Pricing & Payment Terms
Buyer agrees to pay seller’s standard prices as of the date of shipment unless otherwise agreed in writing by both parties. All shipping charges will be added to the invoice and must be prepaid by buyer. Price variations from specification changes become effective upon acceptance.
Taxes
Unless otherwise stated, the prices and charges stated herein for the materials do not include any federal, state, or local taxes (including without limitation sales, use, excise, manufacturing, receipts gross income, occupation and similar taxes). Whenever applicable, such taxes will be for the account of the buyer and will be added to the invoice to be paid by buyer.
Past Due Accounts & Late Payment
Time and terms of payment are essential to these Terms. Interest on all past due accounts will be charged at such legal rate as seller may elect. If any default is made by buyer or if the financial responsibility of buyer becomes impaired or unsatisfactory to seller, seller will have the right to:
- Terminate without notice
- Defer or discontinue further shipments until past due payments are made
- Require satisfactory assurance of buyer’s financial responsibility
Orders Not Taken
Buyer will remain liable for the full price of materials ordered but not taken as agreed. If you place an order and then decide not to accept delivery (without valid reason under force majeure), you remain responsible for the full invoice amount. This protects us from production costs incurred on your behalf.
These Terms & Conditions govern all sales of cable products and materials by Casmo Cable. By placing an order, you agree to be bound by all terms herein.
2. Shipping & Delivery
Includes: Shipping (5) • Shipping Date (6) • Packaging (7) • Quantity Variation (14)
Shipping & Risk of Loss
Seller reserves the right to ship from any of its warehouses or plants. Risk of loss or damage in transit or otherwise will be borne by buyer after delivery of the materials to the F.O.B. point stated herein, which point is understood to mean a common carrier loading facility within the specified warehouse or plant from where the materials are shipped.
Shipping Date Calculation
Order ship dates will be calculated and become effective on and after date of receipt at seller’s plant of all manufacturing specifications and requirements. This means: If you place an order on April 1st but don’t send us complete specifications until April 15th, the shipping date clock starts from April 15th. Where no shipping date is specified, shipment will be made at the convenience of seller (typically within 3-4 weeks of complete specifications).
Packaging & Non-Returnable Items
Unless otherwise stated, materials will be furnished in seller’s standard reels, spools, or cases which are non-returnable, and no refund will be made upon the return of such items. Packaging is designed for safe transit and storage. Reels and spools are considered consumables and remain Casmo Cable property.
Quantity Variation (±10%)
On all lengths ordered, a quantity variation of plus or minus ten percent (10%) shall be allowed unless otherwise stated.
Example: If you order 1,000 meters, we may deliver between 900-1,100 meters. This is standard in manufacturing and reflects real-world production tolerances.
If you require exact quantities, you must specify this in writing at the time of order placement.
3. Product Specifications & Modifications
Includes: Specifications (4) • Tools and Dies (9)
Seller’s Right to Modify Specifications
Seller reserves the right to modify seller’s published specifications and constructions of the materials whenever such modification is necessary in order to comply with any government ruling, directive or order or whenever seller otherwise deems it necessary or advisable to make such modification, regardless of any other specification or constructions (including any such submitted by buyer).
Examples of valid reasons for modification:
- New environmental regulations (e.g., RoHS, REACH compliance)
- Material availability constraints
- Safety or performance improvements
- Cost optimization for sustainability
Buyer-Requested Changes
Seller assumes no responsibility for any changes in specifications requested by buyer, unless such change is confirmed in writing by buyer and accepted in writing by seller. Any price variation resulting from such a change will become effective immediately upon acceptance of such change.
If you request custom specifications:
- Changes must be in writing (email is acceptable)
- Seller must formally accept the change in writing
- Any price variation becomes effective immediately upon acceptance
- Lead time may be extended to accommodate customization
Tools, Dies & Intellectual Property
All dies, tools, etc. remain the exclusive property of seller regardless of any change made to cover labor and expenses involved in making or altering such dies, tools, etc.
This means: If you request custom cable configurations or custom tooling, Casmo Cable retains ownership of all production tooling. This protects our manufacturing capabilities and allows us to continue serving other customers efficiently.
4. Liability & Warranty
Includes: Force Majeure (8) • Warranty (11) • Limitation of Liability (12)
Force Majeure (Acts of God)
Seller will not be liable for any delay or failure of performance or in the delivery of the shipment of the materials or for any damages suffered by buyer by reason of such delay or failure, when such delay or failure is directly or indirectly caused by or in any manner arises from acts of God.
Covered events include:
- Acts of public enemies; wars; acts of government
- Natural disasters (fires, floods, earthquakes)
- Pandemics or endemics (e.g., COVID-19)
- Labor difficulties; transportation delays
- Shortages of raw material, fuel, or power
- Breakdown or destruction of plant or equipment
Result: All orders will be deemed suspended so long as such cause prevents performance. Seller agrees to resume delivery whenever such cause has been remedied.
Our Warranty to You
Seller warrants that the materials will:
- Conform to the description on the face hereof (product datasheet)
- Convey good title thereto (we own what we sell to you)
- Be delivered free from any lawful security interest or other lien or encumbrance unknown to buyer
- Be free from defects in material and workmanship
Important: Any service, technical advice or assistance seller provides is given without representation or warranty and is accepted at buyer’s sole risk.
Limitation of Liability (Maximum Damages)
The warranties in these Terms replace and exclude all other warranties.
SELLER WILL NOT BE LIABLE FOR:
- Any general, consequential or incidental damages
- Damages for loss of use or loss of profits
- Damages for breach of warranty
- Damages for negligence
Your Exclusive Remedy: Repair of defective materials, shipment of equivalent materials F.O.B. the shipping point, repayment of the purchase price upon return of the materials, or the granting of a reasonable allowance on account of any defects, as seller may elect.
5. Claims, Returns & Cancellations
Includes: Returns (13) • Cancelled Orders (16)
Claims & Defect Reporting
Except as otherwise stated, any claim on account of defective materials or for any cause whatsoever will conclusively be deemed waived by buyer unless written notice thereof is given to seller within one (1) year after date of shipment.
What to do if you find defects:
- Inspect materials within 30 days of receipt (recommended)
- Send written notice to sales@casmocable.store with photos/details
- Seller will investigate and propose remedy within 15 business days
- Follow seller’s specific shipping instructions for returns
Return Requirements
No materials may be returned by buyer without seller’s prior written consent.
To request a return:
- Contact us at sales@casmocable.store with your order number
- Describe the defect or reason for return
- Wait for written approval and specific shipping instructions
- Ship materials back per our instructions
Important: If returned materials meet our published specifications, buyer agrees to reimburse seller with all costs associated with its return (including return shipping, inspection, and restocking).
Cancelled Orders & Production Penalties
If an order is cancelled or terminated after the materials have been put into production, the buyer shall be liable to seller for the value of the services already completed and/or commenced and the commitments given in connection with this manufacture of products at the date of cancellation/termination, including the cost of raw materials, price of finished or semi-finished products, stock and work in progress and overhead together with any expenses incurred and any additional compensation that may reasonably be claimed for the cancellation/termination.
This includes:
- Cost of raw materials already sourced
- Price of finished or semi-finished products
- Stock and work in progress
- Overhead allocated to your order
- Any additional compensation reasonably claimed for the cancellation
Why this matters: Once we start manufacturing (which begins immediately after receiving specifications), we incur real costs. Canceling mid-production means we lose revenue but still have expenses.
6. Storage & Additional Terms
Includes: Storage (17) • Waiver & Amendment (18) • Governing Law (19)
Product Storage Responsibility
It is buyer’s responsibility to store product in a dry location protected from mechanical damage.
Our cables are shipped in perfect condition. However, once delivered to you, proper storage is essential:
- Store in a dry environment (moisture damages insulation)
- Protect from mechanical damage (abrasion, cuts, crushing)
- Avoid direct sunlight (UV exposure degrades materials)
- Keep away from extreme temperatures (store at room temperature)
- Keep in original packaging if possible
Damage from improper storage is not covered under warranty.
Governing Law & Jurisdiction
This agreement shall be governed, interpreted, and construed by and in accordance with the laws of the State of Colorado.
This means:
- All disputes will be resolved under Colorado law
- Any legal action will be brought in Colorado courts (unless both parties agree otherwise)
- Colorado state laws override any other jurisdiction’s laws
Amendments & Modifications
No waiver by seller of any breach of any provision hereof will constitute a waiver of any other breach or of such provision. Seller’s failure to object to provisions contained in any communication from buyer will not be deemed an acceptance of such provisions or as a waiver of the provisions hereof.
The terms and conditions of sale contained herein may not be amended, modified or rescinded, except by written agreement signed by an authorized official of each party expressly referring hereto.
Translation: If we let something slide once, it doesn’t mean we accept it going forward. And if you want to change these terms, we both need to sign an official amendment — no handshake deals or verbal agreements.
