Terms and Conditions
This is a binding agreement between Beck Electric Supply ("Beck") and you ("Buyer"). By using the internet site located at www.beckelectric.com (the "Site") or any services provided in connection with the Site, you agree to abide by these Terms and Conditions of Sale. YOU AGREE BY CLICKING ON THE "ACCEPT" BUTTON TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU ALSO REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF ANY ENTITY.
THESE TERMS CONTROL
Terms or provisions of the Buyer's order which are inconsistent with or in addition to the terms and conditions contained herein shall not be binding on either party unless expressly accepted in writing by Beck. Beck's failure to object to any provision contained in a communication from Buyer shall not be a waiver of these terms and conditions. This contract may not be modified or rescinded except by a writing signed by Beck and Buyer. If any terms and conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect.
DELIVERY AND RISK OF LOSS
All sales (domestic and international) are made F.O.B. origin of shipment. Title and risk of loss shall pass to Buyer when products are delivered to carrier unless otherwise agreed to in writing by Beck Electric Supply.
Purchases made via this Site will be charged to Buyer's credit card prior to shipment of material from Beck's facility. Beck may modify or withdraw credit or payment terms if, in its sole opinion, the payment record or financial condition of buyer warrants. Beck reserves the right to modify or withdraw credit terms at any time without notice and to require guarantees, security or payment in advance of the amount of sale. Beck may setoff any amount due from Buyer to Beck, whether or not under this contract, from any amounts due to Buyer under this contact. Unless otherwise agreed in writing between Buyer and Beck, title to and risk of loss of the products pass to Buyer upon delivery to the carrier at Beck' s facility. Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. Beck reserves the right to require from Buyer full or partial payment or other adequate assurance of performance before manufacture or shipment. Beck reserves the right to suspend its performance until such payment or adequate assurance of performance is received. Late payments are subject to 1-1/2% interest per month (18% per annum) on the unpaid balance. In the event of a default, Buyer agrees to pay Beck's reasonable attorney's fees, if any, incurred by Beck in collection of damages from Buyer.
PRICES AND TERMS
All Beck prices are subject to change without notice. Prices do not include any present or future sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.
Any tax or other government charge upon the provision of services, or the production, sale, shipment, transfer, consumption or use of the products, which Beck is required to pay or collect from Buyer, shall be paid by Buyer to Beck unless Buyer furnishes Beck with exemption certificates acceptable to taxing authorities. Such amount shall be due whether or not included in invoice.
Orders may not be canceled or rescheduled without Beck's written consent and are subject to cancellation or reschedule charges determined by Beck. All international orders are contingent upon approval of export licenses required by the Government.
EXCUSABLE DELAYS; FORCE MAJEURE
Beck shall not be liable for non-delivery or delay in performance when such delay or failure is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by Beck's suppliers, fires, earthquakes, floods, hurricanes, accidents, riots, war, government interference, embargoes, strikes, shortages of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. Beck agrees to make, and Buyer will accept, deliveries at a reasonable time after remedy of such causes. Quoted weeks ARO (after receipt of order) are approximate.
Buyer shall submit all claims for shortages in writing to Beck within thirty (30) days from the date that Buyer received the products, otherwise such claims shall be waived. Quantities are subject to normal manufacturer allowances. In the case of wire, cable, cord and carbon brushes, such allowances are plus 10% or minus 5%. The purchase price for products will equal the unit price multiplied by the quantity shipped. Installation and final inspection of products prior to installation will be Buyer's obligation.
Goods may not be returned without the proper written consent of Beck in the form of an RMA (Return Material Authorization). Errors determined to be the fault of Buyer are subject to the specific return rules of Beck and each specific manufacturer of the product. Material supplied in error by Beck will be returned directly to Beck with no restocking charge assessed within thirty (30) days of shipment by Beck. Full credit and reimbursement for freight and taxes will be given to Buyer. Products returned must be of current design, with manufacturing date codes not more than two years old and/or not superseded or obsolete. Returned material must be unopened, unused, undamaged and in the original "as shipped" package.
WARRANTY AND DISCLAIMER OF WARRANTIES OF MERCHANTABILITY AND FITNESS
Beck passes on and assigns to Buyer the warranties made to Beck by its suppliers, including any such warranty that the products at the time of shipment to Buyer will be free from defects in material and workmanship and will be materially in accordance with specifications provided by the manufacturer. Beck's sole and exclusive warranty in its entirety shall be deemed limited to and shall not extend beyond assigning such manufacturers' warranties to Buyer. Buyer shall proceed exclusively and directly against such supplier at Beck's request. This warranty does not cover wear and tear and shall be ineffective and shall not apply to products that have been subjected to misuse or abuse, neglect, accident, damage, improper installation or maintenance or any other limitation of warranty by manufacturer. Buyer will inspect the products upon delivery and will promptly notify Beck in writing of any defect in the products. No agent, employee or representative of Beck has any authority to bind Beck to any representation, affirmation or warranty concerning the products, and any such representation, affirmation or warranty shall not be deemed to have become a part of the basis of this contract and shall be unenforceable.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF, AND BUYER WAIVES ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW (STATUTORY OR OTHERWISE) AND WHETHER OR NOT OCCASIONED BY BECK'S NEGLIGENCE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL BECK OR ITS SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, IDIRECT , PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING SUCH DAMAGES OCCASIONED BY BECK'S NEGLIGENCE, nor shall Beck's liability on any claims for damages arising out of or connected with the contract or the manufacture, sale, delivery or use of the products exceed the purchase price of the products and/or services giving rise to the claim.
Buyer understands that products supplied by Beck may be subject to the jurisdiction of U.S. export controls and trade sanctions, and Buyer represents and warrants that it will not violate U.S. export-related laws with respect to products supplied by Beck.
No order is assignable without Beck's prior written approval and any attempted assignment without such consent shall be null and void. If any of the terms or conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect.
This transaction shall be governed and interpreted by the local laws of the state of California, U.S.A. excluding the Convention on Contracts for the International Sale of Goods. Buyer hereby irrevocably consents to the exclusive jurisdiction of the state or federal courts of Contra Costa County, California, in all disputes arising out of or related to the use of this Site.