Updated May 2017
All sales to Purchaser are expressly governed by these terms and conditions set forth hereinafter. Your order or statement of intent to purchase goods, or any direction to proceed with procurement or shipment of goods, or any acceptance of payment for such goods constitute your specific and express agreement to the following terms and conditions as governing this sale. THESE TERMS AND CONDITIONS SHALL BE BINDING ON THE PURCHASER IN CONNECTION WITH ANY FUTURE PURCHASE FROM WEST VIRGINIA ELECTRIC SUPPLY COMPANY ("SELLER"), and Seller will not, under any circumstance, agree to any extension of time or postponement of any payment or agree or be bound by any provisions, conditions, or agreements which are inconsistent with, contrary to, additional to or in lieu of or which modify in any manner the following terms and conditions unless an authorized Officer of Seller, in writing, agrees to such provisions, conditions or agreements.
To date, the government recognizes W.Va. Electric Supply Company as an “Essential Business” and we have put plans in place that will allow for minimized disruption in service to our valued customers. We recognize the critical nature of the businesses we support. In order to focus resources on safety and the demands related to essential services, we are temporarily suspending returns. We expect this to be a short-term measure and, we will update you as soon as circumstances change
All sales are made F.O.B. point of shipment, and each shipment or delivery shall be considered for purpose of shipment as a separate and independent transaction. Purchaser has risk of loss after delivery at F.O.B. point of shipment. Claims for shortages, losses, and apparent or concealed damages sustained in transit, shall be made by the Purchaser with the carrier.
Prices quoted by Seller are exclusive of applicable taxes and are subject to change without notice until acceptance by Purchaser.
Within five (5) days after tender of, delivery to, or receipt of any shipment and before any part of the material has been changed from its original condition, Purchaser shall inform Seller in writing if the material is found defective or short in any respect. Failure to inform Seller or use of the material shall be conclusive that Seller has satisfactorily performed.
Shipping dates are approximate and are dependent upon prompt receipt of all necessary information by the Seller. The Seller shall not be liable for late delivery due to fire, strike, civil or military authority, insurrection or riot, unavailability of material or parts and for other causes beyond its reasonable control. THE SELLER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM LATE DELIVERY.
Any statement or advice (including but not limited to advice regarding the quantity of goods necessary for a particular job, or the suitability of a particular product for a particular use) is provided solely as a courtesy to Purchaser and is not guaranteed. No such statement or advice shall subject Seller to any liability whether based on contract, warranty, tort (including negligence), or other grounds. All equipment and supplies shall be installed by and at the expense of the Purchaser unless otherwise stipulated in writing by Officer of the Seller.
An order may be cancelled by the Purchaser only if agreed to by the Seller and upon payment of reasonable charges based upon expenses already incurred and commitments made by the Seller.
If the Purchaser is not a corporation and subsequent to the making of the application incorporates his business, with or without the knowledge of the Seller, Purchaser agrees to be jointly and severally liable to the Seller for any indebtedness incurred by or transferred to such corporation.
The Seller and Purchaser agree that the location of the branch receiving any order shall be a proper place of venue in the event litigation is commenced by either party.
Seller will extend to Purchaser all transferable warranties made to the Seller by the manufacturers or suppliers of materials. THE SELLER MAKES AND GIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND IT IS EXPRESSLY UNDERSTOOD THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY AND ALL GOODS, MATERIALS OR SERVICES FURNISHED BY THE SELLER. This general warranty policy supersedes any other warranties contained in plans or specifications on which a quotation or proposal from the Purchaser may be based and cannot be expanded without the prior and specific written consent of an officer of seller. THE SELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS OR CLAIMS OF CUSTOMERS OF PURCHASER FOR SERVICE INTERRUPTIONS. THE SOLE REMEDY OF PURCHASER FOR ANY DEFECT MATERIALS OR EQUIPMENT SHALL BE THE WARRANTY EXTENDED BY THE MANUFACTURER. THE REMEDY OF THE PURCHASER SET FORTH HEREIN IS EXCLUSIVE, AND THE LIABILITY OF THE SELLER WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF, OR FROM THE SALE, DELIVERY, RESALE, INSTALLATION OR USE OF ANY GOODS SOLD, WHETHER ARISING OUT OF ANY CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. NO ACTION, REGARDLESS OF NATURE, ARISING OUT OF, OR RELATED TO, ANY TRANSACTIONS BETWEEN THE PARTIES MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED.
Payment for items purchased by Purchaser are due on or before the due date shown on each invoice. If paid on or before the date shown on each invoice, the applicable cash discount, if any, shown on the invoice may be deducted by Purchaser when making such payment. If payment is not received by the first of the month following the due date shown on the invoice, an amount equal to the percentage rate shown on the invoice, shall be charged on the unpaid balance of the invoice as a late payment service charge. At any time, Seller, at its sole discretion, reserves the right to require Purchaser to pay in full or in part in cash for items ordered prior to shipment or delivery.
In the event it is necessary for Seller to employ a collection agency or an attorney or attorneys or incurs other expense it may deem necessary to enforce or protect its rights hereunder or to collect damages for breach of the terms and conditions set forth herein, Purchaser hereby agrees to pay to Seller those collection fees, attorneys' fees and expenses so incurred by Seller.
