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