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Sales Terms and Conditions

January 1, 2017

Payment
The Seller will issue its invoice to the customer upon the Seller’s shipment of the products. Invoices are payable as follows:
1% 10 Days - Net 30 (O.E.M sales are Net 30 only)
The Seller reserves the right at any time to suspend or revoke any credit extended to the customer if the customer fails to pay any invoice at maturity or for any other reason deemed good and sufficient in the Seller’s sole discretion. In such case, in addition to any other remedies contained herein or provided by law, the Seller has the right to demand cash payment or satisfactory security from the customer prior to shipment. The customer’s failure to pay any invoice at maturity makes all subsequent invoices immediately due and payable irrespective of any terms contained herein or therein, and the Seller may withhold all subsequent shipments until the customer’s account is settled in full. The Seller will charge interest on delinquent accounts at the lesser of 1 1/2% per month or the highest rate allowed by applicable law.

Freight
All shipments are F.O.B Seller’s (Northbrook, IL). Full freight is allowed on orders shipped within the continental U.S. totaling $2,000.00 or more (excluding O.E.M. shipments). The full freight allowance for Hawaii and Alaska is $2,300.00. For Canada, the full freight allowance is $2,800.00. Back ordered items qualifying for prepaid shipping charges will be shipped prepaid. Freight and shipping fees will be charged for shipments to a customer's place of business anywhere in the contiguous United States should the customer require a carrier of its choice. Any extra charges incurred for additional services, such as customer's carrier, lift gate or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. Following tender of shipment to the carrier, the customer shall make all claims for loss or damage to carrier, and not to the Seller.
The customer shall inspect the products immediately upon its receipt thereof, and shall give written notice to the Seller of any claim that the products do not conform with the terms hereof within fifteen (15) days after delivery of the products to the customer or the destination designated by the customer.

Cancellations
No cancellation of any order by a customer shall be effective unless approved by the Seller in writing. 

Returns
No return will be accepted by the Seller for credit without prior approval by the Seller in writing and/or an accompanying Return Goods Authorization (RGA). All returns for credit are subject to inspection and the returned products must be in original factory fresh condition and in the original packaging. All returns shall be sent by the customer freight prepaid to location designated on the RGA. No cash refunds will be made against credits. Credits may only be used against future orders from Customer. No returns will be accepted freight collect. All returns will be subject to a 50% Restocking Charge with a $200.00 minimum. No products will be accepted for credit that were purchased over 90 days prior to the Customer’s request for an RGA.

Minimum Charge Order
A service charge of $25.00 will be added to all customer orders less than $100.00 net.

Pricing
Prices for products are the prices in effect on the date the Seller accepts an order. All prices are subject to change without notice.

Limited Warranties
Except as set forth below, the Seller warrants that the products will be free from manufacturing defects for a period of one (1) year following the date of shipment to the customer.

 
THESE EXPRESS LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF THE SELLER, AND THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTS.
 
The customer’s sole and exclusive remedy for breach of the Seller’s warranty set forth above shall be the repair or replacement of the defective products at the Seller's expense, with a product that is equal to or better than the defective product, upon return of the products, transportation prepaid, to the Seller at 725 Landwehr Road, Northbrook, Illinois 60062 within the applicable warranty period. No return of products will be accepted without an RGA. The customer shall be responsible for all costs of removal and reinstallation of the products so returned. IN THE EVENT THAT THE SELLER'S PUBLISHED WARRANTY OR ANY OTHER OBLIGATION OF THE SELLER APPLICABLE TO THE PRODUCTS FAILS OF ITS ESSENTIAL PURPOSE, THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE OR OTHER TORT, OR OTHERWISE, SHALL BE RETURN OF OR CREDIT FOR SO MUCH OF THE PURCHASE PRICE AS IS APPLICABLE TO THE PRODUCTS WHICH ARE DEFECTIVE. THE SELLER SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
 
The Seller may require the customer to provide usage documentation to validate hours of use for any returned product. The foregoing warranties are conditioned upon proper installation, use, and maintenance of the products and do not include modifications to the products, power surges, or overheating due to external conditions. Normal wear and tear on the product is not covered by any warranty.
 
For any of the foregoing warranties to be valid, the applicable products must be installed and/or used in accordance with applicable National or Local Electrical Codes, and in accordance with the general use and practices set forth in the Seller’s literature and instruction information for such product. The Seller disclaims any liability for product warranty or product liability claims that are due to product misuse, improper product selection or misapplication. The Seller shall not be liable for any delay in or impairment of performance resulting in whole or in part from any circumstance or cause beyond its control.
 

Product Specifications
For the most current product information, line art, and photography, please see product specific specification sheets.

Delays
The Seller shall not be responsible for any delay or failure with respect to any shipment of the products if due to or arising from any shortage of materials, fire, labor trouble of any kind, accident, breakdown of machinery, government act of any kind, failure of any manufacturer or supplier to deliver products or to provide services to the Seller, transportation difficulties of any kind, acts of God, acts of terrorism, act of the customer or any other contingency reasonably beyond the Seller’s control, whether or not presently occurring or contemplated by either party.

Entire Agreement
ANY TERMS OR CONDITIONS PROPOSED BY THE CUSTOMER INCONSISTENT WITH OR IN ADDITION TO THE TERMS AND CONDITIONS HEREIN SHALL BE NULL AND VOID AND OF NO EFFECT UNLESS SPECIFICALLY AGREED TO IN A WRITING SIGNED BY THE SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CUSTOMER AGREES THAT IF ANY OF THE TERMS AND CONDITIONS OF ITS PURCHASE ORDER ARE INCONSISTENT WITH THE TERMS AND CONDITIONS STATED HEREIN, THEN THE TERMS AND CONDITIONS STATED HEREIN SHALL BE PREVAIL.

Governing Law
The internal laws of the State of Illinois other than the choice of law rules of the State of Illinois shall govern the validity, interpretation, and enforcement of these terms and conditions.