Warrantee/Company Policies

TERMS AND CONDITIONS OF SALE

All Quotation, Orders, Acknowledgments and Invoices Are Subject to the Following Terms and Conditions.

(1) ACCEPTANCE: All quotations and orders are subject to the approval and acceptance of Switches Plus at its home office in Milford, Connecticut. If this document shall be deemed an acceptance of a prior offer by Purchaser, such acceptance is expressly conditioned upon Purchaser’s assent to any additional or different terms contained herein..

(2) PRICES: Prices are subject to change by Switches Plus to (a) those in effect at time of shipment: (b) for correction of errors; or (c) if tariff, freight rates or transportation changes are used in determining delivery prices, to reflect changes which may occur in such rates or charges prior to shipment.

(3) TAXES: Any and all sales, use, excise or other taxes or customs duties levied or imposed by any governmental authority, foreign or domestic, other than those already included in and forming part of the purchase price, shall be the sole liability of and shall be paid by the Purchaser in addition to the purchase price herein specified.

(4) PAYMENT: Terms of payment are net thirty (30) days upon credit approval, COD, and/or credit card. Switches Plus reserves the right to restrict the terms of payment or to require payment prior to the time of shipment, if in its opinion, Purchaser’s financial condition or other circumstances do not warrant shipment on the terms originally specified in this contract, and to charge interest at the rate of 1 1/2 percent per month on the balance of any account remaining unpaid more than 30 days after date of invoice, and costs and expenses incidental to the collection of any account including counsel fees.

(5) TERMS: The terms and conditions appearing hereon will be deemed by Switches Plus and Purchaser to be incorporated in and a part of any conditional sale contract, or other deferred payment contract entered into by the parties hereto.

(6) TITLE: Title to all electrical switches, parts, accessories, attachments, or other goods (sometimes referred to herein, individually and collectively, as “Equipment”) passes to the Purchaser on the date of shipment from Switches Plus, or on the date of acceptance of this Agreement by Switches Plus, whichever is later. Switches Plus reserves a purchase money security interest in the Equipment listed herein in the amount of its purchase price. This interest will be satisfied by payment in full.

.(7) DELIVERY: All quoted delivery dates are estimates which are not guaranteed and are based on prompt receipt of all necessary information. Unless otherwise agreed, all product shipments are F.O.B. shipping point. Delivery of goods to a carrier at Switches Plus’ plant or other loading point shall constitute delivery to Buyer and, regardless of shipping method or freight payment, all risk of loss or damage in transit shall be borne by Buyer. Claims for loss or damage to goods in transit shall be made to the carrier and not to Switches Plus. Purchaser will maintain adequate insurance protection against insurable loss or damage until the Equipment has been fully paid for, for the benefit of Switches Plus and Purchaser as their interests may appear.

(8) INSTALLMENTS: Switches Plus reserves the right to make delivery in installments, and all such installments will be separately invoiced and paid for when due, without regard to subsequent delivery, unless otherwise notified. Delay in delivery of any installment will not relieve Purchaser of its obligation to accept remaining deliveries.

(9) DELAYS: Switches Plus will not be liable for failure to deliver or delays in delivery occasioned by strikes, lockouts, fires, inability to obtain materials or shipping space, breakdowns, delays of carriers or suppliers, governmental acts and regulations, Acts of God, or any other cause beyond Switches Plus’ control, and Purchaser may not cancel because of any such delay.

(10) WARRANTY: Switches Plus warrants all Equipment sold hereunder to be free from defects in material and workmanship at the time of delivery to Purchaser and will repair or replace, at Switches Plus’ option, any Equipment delivered by it and found upon its inspection to be defective in material or workmanship, provided that: (a) notice in writing of any alleged defect is given to Switches Plus within ten (10) days after first use or within six (6) months after receipt of such Equipment, whichever shall first occur, and (b) within a reasonable time after such notice of defect, Switches Plus is given an opportunity to inspect the Equipment at Switches Plus’ option, either where the Equipment is located or upon its return transportation pre-paid, to Switches Plus’ home office in Milford, Connecticut, and (c) no repairs, alterations or additions have been made to such Equipment, and (d) such Equipment has been used within the tolerances and under the conditions specified, installed in accordance with the instructions provided by Switches Plus and not subject to abuse. Equipment returned upon Switches Plus instructions to Purchaser transportation pre-paid, as set forth above, and found defective by Switches Plus will be repaired or replaced free of charge and return-shipped lowest-cost transportation pre-paid by Switches Plus; if Purchaser requests premium transportation, Purchaser will be billed for the differences in transportation costs. If inspection by Switches Plus does not disclose any defect in material or workmanship, Switches Plus’ regular charges will apply. Except as expressly stated herein, SWITCHES PLUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SWITCHES PLUS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR PURCHASER’S MANUFACTURING COSTS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER SPECIAL OR CONSEQUENTIAL DAMAGES. Any description of the products, whether in writing or made orally by SwitchesPlus or Switches Plus’ agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the products and shall not be construed as an express warranty. Any suggestions by Switches Plus or Switches Plus’ agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Switches Plus.

(11) WAIVER OF CLAIMS: Claims for alleged defects in Switches Plus Equipment will be deemed waived unless made in writing and delivered to Switches Plus within ten (10) days after any such Equipment has been put into use or within six months after receipt of such Equipment, whichever shall first occur. In any case, Purchaser will afford Switches Plus prompt and reasonable opportunity as set forth in 10b above, to inspect all Equipment as to which any claim is made.

(12) DEFAULT: If Purchaser fails to make payment when due and Switches Plus deems Equipment or debt to be insecure, Purchaser will return the Equipment to Switches Plus on demand. If Purchaser fails to return the Equipment Switches Plus may, to the extent permitted by law, without notice or legal process, enter any premises where the Equipment may be located and take possession of it. Switches Plus may then sell the Equipment with or without notice, at private or public sale at which Switches Plus may purchase. The proceeds of such sale, less expenses of retaking, repairing, holding and reselling, will be applied upon the unpaid purchase price and Purchaser will pay the balance forthwith. Any surplus, however, will be paid to Purchaser.

(13) GOVERNING LAW: All contracts shall be governed by and construed in accordance with the laws of the State of Connecticut.

(14) TOOLS: Any dies, jigs, or tools which Switches Plus manufactures or acquires for performance or manufacturing or inspecting special parts for the Buyer shall remain in the possession of Switche Plus, notwithstanding any charges therefore. Tool charges convey to Buyer the right to have the tools used by Switches Plus for production of Buyer’s parts, but they do not convey title or right of possession. Switches Plus shall be responsible for routine maintenance and repair of such tools, dies, and jigs. Major overhauls, replacements, or changes shall be charged to the Buyer.

(15) ENTIRE AGREEMENT: This contract represents the entire agreement between the parties and supersedes any and all prior understandings, agreements or obligations, express or implied, between the parties; it may not be changed or terminated orally and no change, termination or waiver of any of the provisions thereof shall be valid unless in writing and signed by the party against whom such change, termination or waiver is sought to be enforced.