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Terms & Conditions of Sale
This Agreement is made by and between Seller and Buyer as the entire agreement
for the sale and purchase of goods. This Agreement is comprised of this
document, Buyer’s Application for Credit, Seller’s Order Acknowledgments and
Invoices for the goods, and, if Buyer has ordered the goods through Seller’s web
site, the provisions of that web site to the extent not inconsistent with the
provisions of the remainder of this Agreement. The Contract for sale of the
products or services is expressly limited to the terms and conditions of sale
stated herein, any additional or different terms proposes by buyer are rejected
unless expressly agreed to in writing by seller.
LIMITED WARRANTY
Seller warrants that on the date of shipment the goods are of the kind and
quality described herein and are free of non-conformities in workmanship and
material.
Buyer's exclusive remedy for a nonconformity of the goods shall be the repair or
replacement (at Seller's option) of the item. Seller’s obligation to repair or
replace shall be in effect for a period of one (1) year from initial ship date
of the goods (except for US Breaker brand breakers which are (2) years). Repaired and replacement parts shall be warranted for the
remainder of the original period of notification set forth above. At its
expense, Buyer shall remove and ship to Seller any such nonconforming items and
shall reinstall the repaired or replaced parts. If Seller is unable or unwilling
to repair or replace, they may choose to refund the contract price for the
nonconforming goods.
This product warranty covers normal use only. This product warranty does not
cover damage caused during shipment and any damage caused by: actions that are
beyond US Breakers control, including without limitation, impacts, fluids, fire,
flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic,
destruction of production facilities, riot, insurrection, or material
unavailability; unauthorized modifications, attachments or peripherals; improper
use, environment, installation or electrical supply; improper maintenance; any
other misuse, abuse or mishandling.
The maximum liability of US Breaker in any circumstance is limited to the
purchase price of the products plus interest as allowed by applicable law.
Neither you nor US Breaker Inc shall be liable to the other for property damage,
personal injury, loss of use, interruption of business, lost profits, lost data
or other consequential, incidental, punitive, or special damages however caused.
This agreement gives you specific legal rights, and you may also have other
rights that vary from jurisdiction to jurisdiction.
PRIVACY STATEMENT
US Breaker is committed to protecting your privacy. We want to provide you with
a safe and secure experience on this site. Any information submitted to the site will not be
sold or leased to a third party for marketing purposes without notice to you.
PERFORMANCE DELAYS
If Seller suffers delay in performance due to any cause beyond its reasonable
control, the time of performance shall be extended a period of time equal to the
period of the delay and its consequences.
All items are subject to availability. Quantities are subject to change. We will
contact you if unable to fill your order as entered. Upon notice of delay, the
quantity of goods so effected may be eliminated from this Agreement, but this
Agreement otherwise shall not be effected.
SHIPMENT, TITLE AND RISK OF LOSS
Shipping/delivery will be F.O.B. seller’s point of shipment with title to the
goods and risk of loss or damage passing to Buyer at that point. Buyer will be
responsible for shipment during transit and for filing any damage or loss claims
directly with the carrier. Seller may make partial shipments.
TAXES AND FREIGHT CHARGES
Buyer shall reimburse Seller for all taxes and other charges (except franchise
or income taxes) that Seller may be required to pay to any governmental entity
upon the production, sale, transportation, or delivery of the goods (unless an
acceptable exemption certificate is furnished).
Buyer shall be responsible to seller for freight charges and applicable handling
fees unless otherwise noted at the time of sale. Seller may add all such
charges, if any, to its invoices.
A $10.95 shipping & handling fee will be applied to continental US ground shipments less than $150 dollars.
Ground shipping is free within the continental US for orders over $150.
HI and AK shipping rates are based on pricing to those locations.
We recommend shipping to the billing address for your credit card whenever
possible.
TERMS OF PAYMENT
Unless otherwise stated, all payments shall be in United States dollars, and a
pro rata payment shall become due as each shipment is made. Payment methods include credit card or check upon Net 30 terms approval.
Until paid for in full by the Buyer, all products sold by US Breaker Inc. shall remain the absolute property of US Breaker Inc.
On payments extending past 30 days, the contract price shall, without prejudice
to Seller's right to immediate payment, be increased by 1 1/2% each month on the
unpaid balance, but not to exceed the maximum permitted by law.
If any time in Seller's judgment Buyer is unable or unwilling to meet the terms
specified, Seller may require satisfactory assurance or full or partial payment
as a condition to commencing or continuing manufacture or making shipment, and
may, if shipment has been made, recover the goods from the carrier, pending
receipt of such assurances.
Payments shall be made to Seller at the address shown on Seller’s invoice for
the goods.
If Buyer fails to pay for any one delivery when it becomes due, Seller, in
Seller’s sole discretion, may terminate this Agreement or suspend further
deliveries under it. Further, should Buyer's financial condition become
unsatisfactory to Seller, Seller, in Seller’s sole discretion, may require cash
payment or security satisfactory to Seller for future deliveries. Any action
taken pursuant to this paragraph shall be without prejudice to any other rights
and remedies Seller may have.
Seller reserves the right, and buyer agrees, that seller may from time to time
decide not accept an order. The customer will be advised in the event that
this becomes necessary.
PRICING/ REFUNDS / RETURNS / EXCHANGES
Returns must be be received within 21 days of original shipment and be in their
original salable condition. Products that have been installed, damaged, or
have altered packaging may not be returned. Please overpack your return as
product packaging may not be used as the shipping container. Refunds are issued within 30 days of equipment return. Freight charges will not
be refunded. A Returned Material Authorization Number ( RMA#) must be received
and noted with the shipment prior to any return. (Contact Customer Service Dept.)
US Breaker’s return policy is based on the product type purchased. There are
three categories which dictate the policy including stock components, non-stock/ "call us"
components, and modified product. If you have any questions regarding a products
category please contact us prior to purchasing.
Stock Components – Stock components are identified on our website and/ or
literature by the term “Stock”. Normally stocked products in their new,
originally sealed packaging may be returned for full credit. US Breaker
may, at its discretion, recover their shipping and handling costs for items
shipped free of charge.
Non-stock Components – Non-stock components include individual components that
are on our website and/ or literature where availability is noted as other that
“stock” (eg. call us or non-stock). Non-stock and "call us" products are subject to a 25% restocking fee.
Modified Products – US breaker sometimes modifies a product to meet our customer
needs. This pertains to any products that are changed prior to shipping,
including but not limited to the addition of accessories or other modifications.
Because these products are specialized they may not be returned.
Although we make every effort possible to honor pricing, we reserve the right to
make price adjustments in accordance with unknown price increases. However, we
will notify you of any price increases prior to an order being executed.
LIMITATION OF LIABILITY
Neither Seller, nor its suppliers shall be liable, whether in contract,
warranty, failure of a remedy to achieve its intended or essential purposes,
tort (including negligence), strict liability, indemnity or any other legal
theory, for loss of use, revenue or profit, or for costs of capital or of
substitute use or performance, or for indirect, special, liquidated, incidental
or consequential damages, or for any other loss or cost of a similar type, or
for claims by Buyer for damages of Buyer's customers. Seller's maximum liability
under this contract shall be the product price. Buyer and Seller agree that the
exclusions and limitations set forth in this article are separate and
independent from any remedies which Buyer may have hereunder and shall be given
full force and effect whether or not any or all such remedies shall be deemed to
have failed of their essential purpose.
US Breaker reserves the right to correct any typographical errors.
REPRESENTATION
US Breaker sells to the entire USA territory and is responsible for setting our
own price levels on components, commonly purchased through original
manufacturers distribution channels. To the best of our knowledge, GE,
Cutler-Hammer and Square D do not consider US Breaker to fall under their
definition of or to be an authorized distributor. US Breaker offers our
own product brand in addition to being an authorized representative of our other
brands.
GOVERNING LAW, DISPUTES AND ASSIGNMENT
The laws of the State of Georgia shall govern the validity, interpretation and
enforcement of this contract, without regard to its conflicts of law principles.
Assignment may be made only with written consent of Seller.
Buyer shall be liable to Seller for any attorney fees and costs incurred by
Seller in enforcing any of its rights hereunder.
Either party may give the other party written notice of any dispute arising out
of or relating to this contract and not resolved in the normal course of
business. The parties shall attempt in good faith to resolve such dispute
promptly by negotiations between executives who have authority to settle the
dispute. If the matter has not been resolved within 60 days of the notice,
either party may initiate non-binding mediation of the dispute.
To the extent permitted by applicable law, any claim for breach of contract,
including breach of warranty, arising out of the transactions covered by this
contract, must be commenced not later than twelve (12) months from the date the
cause of action accrued.
All provisions of this agreement are bound by applicable law. If a court
determines any provision of this agreement will not apply the remainder of the
agreement will remain in full force.
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