- Sales: All sales are expressly conditioned upon Buyer’s agreement to these terms and conditions. The terms and conditions stated herein shall prevail over any inconsistent terms contained in any other documents. No terms or conditions in any way altering or modifying these provisions shall be binding upon Seller unless they are specifically authorized in writing by Seller’s authorized representative, and such additional or different terms are expressly objected to. All references in this document to “Seller” include All Electric Supply, Inc. and All Electric Supply LV, LLC.
- Limitation of Liability: The goods sold to the buyer are sold “as is” and seller disclaims any express and/or implied warranties with respect to, but not limited to, any warranty of merchantability and/or fitness for a particular purpose. Seller has made no affirmation of fact or promise relating to the goods being sold that has become any basis of this bargain. For breach of this agreement or for any damages caused by defective, damaged, or malfunctioning goods sold or to be sold under this agreement, the buyer agrees to be limited to the repair or replacement of the goods or the refund of the purchase, at the seller’s option, as the sole and exclusive remedy. Seller shall not be liable for any incidental or consequential damages.
- The only warranties applicable to this sale of goods shall be those written by the manufacturer. Seller shall not under any circumstances be liable for any special, direct, indirect, incidental, exemplary, liquidated or consequential damages to persons or property arising out of or connected with the transactions contemplated hereby or the manufacture, subsequent sale or use of the goods, including, but not limited to, loss of profit or revenues, loss of use of the property or any associated equipment, cost of capital, cost of substitute products, facilities, service or replacement power, down time, costs, or claims of Buyer’s customers for such damages. In any event, Seller’s total liability shall not exceed the purchase price of the goods sold involved in any given loss.
- Indemnity: Buyer shall indemnify, defend, and hold Seller, its officers, directors, employees, and affiliates harmless from any and all liability resulting from or related to any third party claim, complaint and/or judgment arising from Buyer’s use of any goods furnished hereunder, as well as any negligent, intentional, or tortuous act or omission of Buyer or any material breach by Buyer of these terms and conditions.
- Specifications: It is Buyer’s responsibility to ensure that the goods are the ones that it has requested and that all specifications and quantities are correct.
- Cancellation: Buyer may cancel its order for goods only if Seller agrees in writing and only after Buyer pays reasonable charges for expenses already incurred and commitments made by Seller in connection with the placement of such order.
- Delivery of Goods: Delivery dates are approximate and based upon prompt receipt of all necessary information. Unless otherwise specified by Seller, delivery will be made and title will pass to Buyer F.O.B. point of shipment. Risk of loss or damage passes to Buyer on delivery.
- Force Majeure: Seller shall not be liable for performance delays or failures resulting from any cause or act beyond the Seller’s reasonable control. In the event of delay, there shall be no termination and the date of delivery shall be extended for a period equal to the time lost by reason of delay.
- Receipt of Goods: This signed receipt acknowledges that the above merchandise has been delivered and/or received in perfect condition.
- Payment Terms: Payment terms are net 10tn of the month following billing. Accounts are considered past due after this date. It is further agreed that all past due balances may bear interest at the maximum limit allowed by law. Buyer agrees to pay all expenses, including, but not limited to, legal and administrative expenses, and attorneys fees associated with the collection of past due accounts.
- Sales Tax: Appropriate sales tax is charged unless a sales tax exemption certificate is on file.
- Returned Goods: Special orders and freight cannot be returned or refunded. Re-stocking fees may apply. Cut wire cannot be returned. Normal inventory items in re-sellable condition may be returned within 30 days of purchase with a receipt. Buyers have 30 days to dispute price, quantity or suitability.
- Choice of Law. Choice of Venue: These terms and conditions shall be interpreted and construed according to the Laws of the State of Arkansas. Any litigation over these terms and conditions shall be handled within the Courts of the State of Arkansas.
- Lien notice: IMPORTANT NOTICE TO OWNER
I UNDERSTAND THAT EACH PERSON SUPPLYING MATERIAL OR FIXTURES IS ENTITLED TO A LIEN AGAINST PROPERTY IF NOT PAID IN FULL FOR MATERIALS USED TO IMPROVE THE PROPERTY EVEN THOUGH THE FULL CONTRACT PRICE MAY HAVE BEEN PAID TO THE CONTRACTOR. I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT MAY BE WITHHELD TO THE CONTRACTOR IN THE AMOUNT OF THE COST OF ANY MATERIALS OR LABOR NOT PAID FOR. I KNOW THAT IT IS ADVISABLE TO, AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH TO ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS UNDER THE CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR, I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SUPPLIERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR SUPPLIES PROVIDED UNDER THE CONTRACT, BEFORE 1 PAY THE CONTRACTOR IN FULL, IF A SUPPLIER HAS NOT BEEN PAID, I MAY PAY THE SUPPLIER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM JOINTLY.
- Electronically Stored Documents: Buyer understands and consents that all documents relating to the purchase of goods from All Electric Supply, Inc. by Buyer may be electronically recorded, stored, and maintained by All Electric Supply, Inc. in such a way as to affirm the authenticity of such document. Any original document may be destroyed after electronic storage of the document. Customer agrees that a copy of the document has been provided to customer at the time the goods are ordered or purchased. In the event of litigation, Buyer agrees to the authenticity of the electronically stored document and waives its right to demand production of the original.
Miscellaneous: Prices in quotations made by Seller are subject to change without notice, and all quotations expire and become invalid if not accepted within 10 days from the date of issue, unless otherwise noted by Seller in writing. Mathematical, stenographic or clerical errors are not binding on Seller. Any change in product specifications, quantities, destinations, shipping schedules, or any other aspect of the scope of supply may result in a price adjustment by Seller.