Please note that US Breaker will be closed on November 23rd & 24th for the Thanksgiving Holiday. Stock orders received after 3PM EST on Wednesday November 22nd will ship promptly on Monday November 27th. We appreciate your business and wish you a wonderful holiday!


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. 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 $9.95 shipping & handling fee will be applied to continental US ground shipments less than $100 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.

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 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.   

No-stock Components – Non-stock components include individual components that are on our website and/ or literature where availability is note as other that “stock”.  Non-stock 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.
 

© 2005 U.S. Breaker, Inc.   All Rights Reserved.


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