TERMS AND CONDITIONS OF SALE
www.ewne.com
Sales.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH U.S. ELECTRICAL SERVICES, INC., OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.ewne.com, (the "Site"). These Terms are subject to change by U.S. Electrical Services, Inc. (referred to as "us", "we", "our", or “Seller” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Mastercard, Visa, American Express, and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Will Call Option Terms
If Will Call is selected as the method of delivery, the following terms and conditions shall apply, and shall supersede any contrary terms contained herein:
(a) Manner of Ordering. Customer shall, when ordering, indicate that Customer wishes that the Purchase Order be placed in Will Call for the convenience of the Customer upon pick up. EWNE shall be entitled to rely upon Customer’s request that such order be placed in Will Call and shall conduct the sale according to EWNE’s standard terms and conditions of sale as modified herein.
(b) Delivery. Upon acknowledgment of Customer’s order, EWNE will place the items purchased in its Will Call designated are within its location. Once placed in Will Call, the products will be deemed delivered to Customer. The parties acknowledge and agree that Will Call is not secured, and EWNE takes no responsibility for the risk of loss of products once placed within Will Call. Products purchased using Will Call will remain in Will Call for fourteen (14) days. If not picked up by Customer within the 14 day period, EWNE will remove the Products from Will Call, return the products to its regular inventory, and issue a credit to Customer’s account for the amount of the Products left in Will Call.
(c) Custody and Title. Upon placement of the products in Will Call, all rights, title, and interest in and to the products shall transfer to Customer. Customer assumes all risk of loss at this point, and EWNE shall not be liable for any loss, damage, or theft of the product within Will Call.
(d) Payment.EWNE will issue an invoice immediately upon placing the products in Will Call, and the invoice shall be due and payable upon normal Invoice Terms.
Excusable Delays.
Seller will notify Buyer promptly of any material delay and will specify the revised delivery as soon as practicable. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Returns and Refunds.
To return an item, Buyer must request a Return Merchandise Authorization (RMA) number and follow the below guidelines:
1. Returns are allowed within 90 days of delivery, unless excluded.
2. Items eligible for returns or exchanges must be new, mint condition, and must be in the original, undamaged manufacturer’s packaging with all packaging material, including instruction booklets and blank warranty cards.
3.Buyer must NOT place stickers or shipping labels on the original manufacturer’s packaging as this can make item no longer returnable.
4.Buyer must use Seller’s shipper or one that provides insurance and a tracking number as Seller is not responsible for items lost or damaged during the return process.
5.An RMA Number does NOT guarantee acceptance of a return and a refund, as all returns are subject to inspection by Seller.
6.Most refunds are processed in 2-3 business days after receipt of the item by Seller.
7.Seller may, at its sole discretion, assess a 20% restocking fee on all accepted returned goods.
Exclusions:
1.Returns received with damaged or missing contents or packaging are subject to a restocking fee of up to 50% of purchase price or, at Seller’s discretion, may not be accepted for return.
2.Unauthorized refusal of delivery by Buyer is not a valid method of return and will incur return shipping fees and a restocking fee of up to 50% of the purchase price.
3.Returns of hazardous or pre-fabricated or custom build products will not be accepted.
Damaged or Defective Product Policy.
Damaged product must be reported within 2 business days of receipt by Buyer.
Defective product must be reported within 30 days of receipt by Buyer.
For return of damaged or defective product, Buyer must provide Seller an order number, item number, detailed description of what the issue is, full name, and phone number.
Buyer must retain all boxes and packaging materials, inserts, and warranty cards.
Product will be replaced with an identical product (subject to availability) free of charge once Seller receives the original item back.
False claims of defect will be assessed an additional 25% restocking fee at Seller’s discretion.
Manufacturer's Warranty and Disclaimers.
(a) We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY BY SELLER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Claims Against Seller.
In order to give Seller a reasonable opportunity for investigation, any claim by Buyer against Seller based wholly or in part upon, or any manner related to this Agreement and/or merchandise sold hereunder, shall be made in writing and delivered to Seller within thirty (30) days after the date of sale or occurrence giving rise to the claim, whichever is later; otherwise such claims shall be waived. Each notice of claims shall set forth fully the facts on which the claim is based. Any action based on such claim, or otherwise arising hereunder, must be commenced and prosecuted within two years after the cause of action has accrued.
IMPORTANT NOTICE TO FEDERAL CUSTOMERS OR CONTRACTORS REGARDING COUNTRY OF ORIGIN.
It is Buyer’s responsibility to advise Seller in writing whether there are any requirements regarding country of origin for the goods supplied by Seller. Upon request, Seller will provide country of origin information so that Buyer may determine compliance with any applicable governmental requirements or regulations. By purchasing goods without advising Seller of any country of origin requirements, Buyer represents and warrants that it has authority to make such purchase and has complied with all applicable procurement regulations.
Export Controls and Anti-Corruption.
Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters. Buyer shall also comply with applicable laws and regulations relating to anti-corruption, including, without limitation, the United States Foreign Corrupt Practices Act (15 U.S.C. §§ 78dd-1, et seq.) irrespective of place of performance and laws in Buyer’s country or any country where performance of these Terms or delivery of Goods will occur.
Compliance.
Any products delivered by Seller will be produced in compliance with the Fair Labor Standards Act of 1938, as amended and applicable. Seller will comply with applicable Federal, State, and local laws and regulations as of the fate of acceptance, which relate to (i) non-segregated facilities and Equal Employment Opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11746, as amended) and (ii) Worker’s Compensation. Price and, if necessary, delivery will be equitably adjusted to compensate Seller for the cost of compliance with any other laws and regulations.
Goods Not for Resale or Export.
You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, /privacy-policy-cookie-restriction-mode/ , governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Connecticut.
Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of U.S. Electrical Services, Inc.
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement.
Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Updated May 4,2018