This agreement is constituted by and between Electrical Power Surplus ( “Seller”) and the buyer (“Buyer”) for the sale of goods supplied and services performed and are subject and limited to these Terms and Conditions (“Terms”). By entering into a Sales Order, Buyer hereby agrees to be by bound by and abide with the Terms. The Sales Order and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
All material is quoted FOB Seller’s plant in Talladega, AL (“Delivery Point”) and title, risk of loss or damage shall pass to Buyer upon shipment. Shipping insurance must be requested by Buyer at time of sale. Shipping, handling and insurance charges will be billed to Buyer on the original invoice. Buyer may arrange for shipment through a carrier selected by them with the costs billed directly to their account. Packing and handling fees may still apply. The goods will be delivered within a reasonable time after the receipt of a signed Sales Order, subject to availability. Seller shall not be liable for any delays, loss or damage in transit. Any liability of Seller for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or adjusting the invoice respecting such goods to reflect the actual quantity delivered.
All new and rebuilt equipment sold by Seller is warranted for a period of twelve (12) months (unless otherwise stated) from the date of shipment, to operate under normal load, usage conditions, and with proper supervision. This warranty does not apply to ‘as is’ products. Seller will provide to Buyer the remedies set forth in “Remedies for Defective, Nonconforming or Returned Goods”. This limited warranty does not apply and Seller is not responsible in the event of (i) alteration, repair, replacements of the goods without Seller’s written consent or (ii) improper or faulty storage, use, maintenance or installation of the goods. The limited warranty provided herein will be null and void if items are not paid for in accordance with the Agreement.
Product may not be returned unless authorized by Seller’s customer service department with a Returned Goods Authorization (RGA) number. Returns must be made within 30 days of the date of the delivery to the Delivery Point, are subject to a 20% restocking charge, and are at Buyer’s expense and risk of loss until received by Seller, FOB Delivery Point. Seller will have no responsibility for products returned without an RGA number, or which are not packaged to the carrier’s insurance specifications. For properly returned goods, Seller will provide Buyer with the remedies set forth in “Remedies for Defective, Nonconforming or Returned Goods”.
Seller is not an authorized distributor for Allen Bradley, Asea Brown Boveri, Bryant, Bussmann, Cutler Hammer, Federal Pacific American, Fuji, Furnas, General Electric, Gould, ITE, Klockner-Moeller, Mitsubishi, Siemens, Sorgel, Square D, Stromberg, Sylvania, Thomas & Betts, Westinghouse, Zinsco or any other manufacturer not listed above.
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