Legal
Terms & Conditions
Terms and conditions of sale for products and services of PTS Expeditionary Communications, Inc. Orders placed under a government contract vehicle are additionally governed by the terms of that vehicle.
1. Acceptance of orders
All quotations issued by PTS Expeditionary Communications, Inc. (“PTS”) are offers to sell subject to these terms and conditions. A purchase order issued against a PTS quotation constitutes acceptance of these terms. Any additional or conflicting terms in a buyer’s purchase order are rejected unless expressly accepted by PTS in writing.
Orders are binding on PTS only upon written order acknowledgment. Government orders are additionally subject to the clauses incorporated in the applicable contract vehicle (GSA Schedule, CHS-6, DLA contract, or the individual solicitation).
2. Pricing and quotation validity
A PTS quotation is valid for acceptance through the expiration date printed on the face of that quotation, unless extended in writing by PTS. Typical validity periods range from 60 to 90 days depending on quotation type; in all cases the expiration date stated on the quotation is authoritative.
Prices are in U.S. dollars and exclude applicable taxes, duties, and shipping unless the quotation states otherwise. Pricing for orders under GSA Schedule 47QSWA22D008V or other government contract vehicles is governed by the pricing in that vehicle.
3. Delivery and shipment
Unless otherwise agreed in writing, deliveries are FOB Origin, PTS shipping facility as stated on the quotation. PTS operates facilities in Arab and Huntsville, Alabama, and ships from the facility identified on the applicable quotation or order acknowledgment. Title and risk of loss pass to the buyer upon tender of the product to the carrier at the PTS facility. Quoted lead times are good-faith estimates from receipt of a complete purchase order; PTS is not liable for delays caused by events beyond its reasonable control.
Standard CONUS ground shipping may be included where the quotation so states; expedited, OCONUS, and international shipping are quoted separately. Unless otherwise agreed in writing, international shipments are sold EXW Arab, Alabama (Incoterms 2020), and the buyer is responsible for all freight, insurance, duties, taxes, and import-clearance costs.
Partial shipments are permitted and may be invoiced as shipped unless the purchase order states otherwise.
4. Payment
Payment terms for a specific order are as stated on the quotation. Standard terms are Net 30 from date of invoice for buyers with approved credit; other orders may be quoted on a Prepay basis. PTS accepts U.S. Government purchase cards for qualifying orders. Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
5. Cancellation and returns (NCNR)
Unless otherwise agreed in writing, orders are Non-Cancellable and Non-Returnable (NCNR) upon award and acceptance of the order. Any warranty return or repair is handled separately through the PTS Return Material Authorization (RMA) process described below and does not affect the NCNR nature of the underlying order.
6. Warranty
PTS warrants its power supply docking stations (PSDS) to be free from defects in material and workmanship for a period of thirty-six (36) months from the date of shipment. This express limited warranty does not apply to a unit that has been damaged by unauthorized maintenance or repair, incorrect operational set-up, misuse, abuse, or neglect.
Warranty service is administered through the PTS Return Material Authorization (RMA) process — see the Returns & RMA page for the current procedure. PTS bears domestic (CONUS) transportation costs to and from the PTS facility for a unit returned within the warranty period; OCONUS shipping is the responsibility of the user. Products sold by but not manufactured by PTS are covered by the original equipment manufacturer's (OEM) warranty policies and procedures.
Except for the express limited warranty stated above, and to the maximum extent permitted by law, PTS disclaims all other warranties, whether express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
7. Limitation of liability
To the maximum extent permitted by law, PTS’s total liability arising out of or related to any order shall not exceed the purchase price of the products giving rise to the claim. In no event shall PTS be liable for incidental, consequential, special, or punitive damages, including loss of use or loss of profits.
8. Export compliance
PTS products are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR). Buyer is responsible for compliance with all applicable export and re-export restrictions and shall not transfer any product contrary to U.S. law. PTS will not ship until any applicable U.S. export-control approvals are in place. Contact PTS for export classification information for a specific product.
9. Governing law
These terms and any dispute arising out of them are governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules, except to the extent U.S. federal law applies to government contract orders. Venue for any dispute shall lie in the state or federal courts serving Madison County, Alabama, the location of the PTS corporate headquarters.
10. Changes to these terms
PTS may update these terms from time to time. The version posted on this page at the time a quotation is issued governs that transaction unless superseded by a signed agreement or an applicable government contract vehicle.
Questions
For questions about these terms, quotations, or contract vehicles, contact PTS at sales@pts-inc.com or 256-539-6787.