Terms and Conditions
GOVERNING TERMS
These Terms and Conditions shall apply to all online and telephonic sales of merchandise by State Electric Supply Co. Any different or additional terms and conditions you propose in an online, written or telephonic purchase order are expressly REJECTED by State Electric Supply Co., unless specifically agreed to in writing by an officer of State Electric Supply Co.
PRICE
You agree to purchase the merchandise sold at the prices in effect on the date of purchase. Prices are F.O.B. shipping point, unless otherwise specified. Prices do not include any applicable federal, state or local taxes, which shall be paid by you. Prices are subject to change without notice.
ACCEPTANCE OF ORDER/TERMINATION
Acceptance of any purchase order is subject to approval by State Electric Supply Co. If you fail to comply with these Terms and Conditions, in whole or in part, or if your credit becomes unacceptable to State Electric Supply Co., you agree that State Electric Supply Co. may terminate your purchase order without liability.
PAYMENT
You agree to pay for your online purchase order using a valid, legally authorized credit card. If you have established a commercial account with State Electric Supply Co., you may pay for your online purchase order by charging the purchase order’s total purchase price, including shipping and handling charges and sales tax, to your commercial account; the purchase order’s total purchase price, including shipping and handling charges and sales tax, is due thirty (30) days from the date you receive an invoice from State Electric Supply Co.
You may also contact State Electric Supply Co.’s Advanced Customer-Service Team at (681) 203-2090 to place a purchase order by telephone. State Electric Supply Co. will charge the total purchase price of the purchase order, including shipping and handling charges and sales tax, to your credit card or commercial account. If the total purchase price of the telephonic purchase order is charged to your commercial account, the purchase order’s total purchase price, including shipping and handling charges and sales tax, is due thirty (30) days from the date you receive an invoice from State Electric Supply Co.
SALES TAX
State Electric Supply Co. charges sales tax on all purchase orders where required by law.
DEFAULT
In the event you have charged the total purchase price of your purchase order, including shipping and handling charges and sales tax, to your commercial account and have failed to remit payment of the purchase order’s total purchase price to State Electric Supply Co. within thirty (30) days of your receipt of an invoice, State Electric Supply Co. may charge you a monthly late fee equal to one and one-half percent (1.5%) of the purchase order’s outstanding balance or the maximum allowed by state law, whichever is less. No extension or postponement of the time of payment with respect to a purchase order shall be valid unless in writing signed by an officer of State Electric Supply Co.
State Electric Supply Co. shall be entitled to all costs of collection in the event of any payment default by you with respect to a purchase order, including court costs and attorneys’ fees.
State Electric Supply Co. reserves the right to refuse to ship any additional merchandise, or accept any new purchase orders from you, until all past due balances, and any applicable late charges, are paid in full.
SECURITY INTEREST
You grant State Electric Supply Co. a security interest in any merchandise sold until such time as you remit the merchandise’s total purchase price, including any shipping and handling charges, sales tax and late fees, to State Electric Supply Co.
SHIPPING
All sales are F.O.B. shipping point. Title to merchandise purchased passes to you from State Electric Supply Co. upon State Electric Supply Co.’s tender of the merchandise to the carrier. Shipping dates are approximate and depend upon State Electric Supply Co.’s prompt receipt of all necessary shipping information from you.
DAMAGES OR SHORTAGES IN TRANSIT
For all deliveries made by a carrier other than State Electric Supply Co., you must make any claims for merchandise shortages, losses, or damages sustained during transit directly with the carrier, and State Electric Supply Co. is not liable for any such shortages, losses or damages.
For all deliveries made by State Electric Supply Co., you must make any claims for merchandise shortages, losses, or damages sustained during transit to State Electric Supply Co. within fifteen (15) days of the merchandise’s receipt.
RIGHT OF INSPECTION
Before accepting any merchandise purchased, you shall have the right to inspect the merchandise at the time and place of delivery.
If you take possession of the merchandise purchased without inspection, this shall constitute a waiver of the right to inspect.
If, upon inspection, you find any defects with the merchandise purchased, you must notify State Electric Supply Co. within fifteen (15) days of the date of delivery. If you fail to notify State Electric Supply Co. of said defects within the appropriate time period, you shall be deemed to have accepted the merchandise purchased.
COVID-19
Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof.
TIME OF DELIVERY AND FORCE MAJEURE
Shipping dates are approximate. State Electric Supply Co. shall not be responsible, or liable, for any delay directly or indirectly resulting from or contributed to by: (i) any foreign or domestic embargo, seizure, act of God, insurrection, war and/or continuance of war; (ii) the adoption or enactment of any law, ordinance, regulation, ruling, or order directly or indirectly interfering with or rendering more burdensome production or delivery; (iii) the unavailability of the usual means of transportation; (iv) fire, flood, explosion, strike or other accident or contingency beyond State Electric Supply Co.’s control; or (v) any of the foregoing conditions or events affecting State Electric Supply Co.’s suppliers or sources of transportation. In the event that one (1) or more shipments is suspended or delayed by reason of any one (1) or more of the above occurrences or events, any and all shipments suspended or delayed shall be made after such occurrences or events have ceased to exist. Nothing contained herein shall be construed as decreasing the quantity of merchandise purchased, but shall only serve to delay shipment of said merchandise in any of the above-mentioned occurrences or events.
CANCELLATION OF ORDER
You may cancel a purchase order with State Electric Supply Co.’s written consent. In the event of such an agreed-upon cancellation, you must remit, to State Electric Supply Co., all expenses that it has incurred or for commitments it has made, to the date of cancellation, in connection with your purchase order.
RETURNS
You may not return any merchandise purchased without State Electric Supply Co.’s approval. A packing slip or invoice number must accompany all returned merchandise. Returned merchandise is subject to restocking charges.
You may not return any special-order merchandise.
DISCLAIMER OF WARRANTIES
All transferable warranties made to State Electric Supply Co. by the manufacturers and/or suppliers of the merchandise you purchase will be assigned to you. STATE ELECTRIC SUPPLY CO. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE YOU PURCHASE, AND YOU EXPRESSLY UNDERSTAND THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY AND ALL MERCHANDISE FURNISHED TO YOU BY STATE ELECTRIC SUPPLY CO., EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
The warranties set forth in this Section 14 supersede any warranties contained in any plans or specifications on which a quotation or proposal from State Electric Supply Co. may be based.
The warranties set forth in this Section 14 cannot be expanded without the prior written consent of State Electric Supply Co.
REMEDY
State Electric Supply Co. will not be liable to you (whether under the law of contract, the law of torts or otherwise) for any special, indirect, incidental, consequential or punitive damages you allege arise from the merchandise you purchased from State Electric Supply Co., including, but not limited to, damages to, or loss of, property or equipment, loss of profits or revenue, cost of capital, cost of replacement merchandise or claims by you, or your customers, of service interruptions. Your sole and exclusive remedy with respect to any said damages shall be limited to any warranty extended to you by the manufacturer and/or supplier of the merchandise.
Without prejudice to the foregoing paragraph, State Electric Supply Co.’s liability with respect to any merchandise sold to you shall not exceed the merchandise’s total purchase price, excluding shipping and handling charges and sales tax.
AUTHORITY
State Electric Supply Co. is not bound by any affirmation, representation, promise or warranty concerning merchandise sold made to you by one (1) of its agents, employees or representatives. No affirmation, representation, promise or warranty concerning merchandise sold made to you by an agent, employee or representative of State Electric Supply Co. is included within these Terms and Conditions, and no such affirmation, representation, promise or warranty is enforceable by you.
JOB SPECIFICATIONS
You are solely responsible for ensuring that the merchandise ordered, and the quantities of merchandise ordered, comply with job specifications and/or bid requirements. State Electric Supply Co. is not responsible for meeting job specification or bid requirements. State Electric Supply Co.’s responsibility is limited to sales of merchandise to you in the types and quantities ordered by you.
RETAINAGE
You agree and understand that State Electric Supply Co. is acting solely as a materialman providing merchandise to you and is not acting as a contractor. You agree not to withhold any amounts due to State Electric Supply Co. under these Terms and Condition as retainage or otherwise.
ASSIGNMENT
State Electric Supply Co. may assign or transfer its right, title and interest in your purchase order, including, but not limited to, its collection remedies, without notifying you or obtaining your consent. In the event of assignment or transfer by State Electric Supply Co., you shall honor these Terms and Conditions as if assignee were State Electric Supply Co.
You may not assign or transfer your rights and/or obligations under these Terms and Conditions.
SEVERABILITY
If any provision of these Terms and Conditions is determined by any legal or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These Terms and Conditions contain the entire agreement and understanding between you and State Electric Supply Co. in relation to your purchase of merchandise, and no representations, promises, agreements or understandings, written or oral, not contained herein shall be of any force or effect.
CHOICE OF LAW
These Terms and Conditions will be governed by and construed in accordance with the law of the State of West Virginia, which law shall apply with respect to resolution of any and all disputes arising from, or related to, these Terms and Conditions.
ARBITRATION
You agree that any dispute between yourself and State Electric Supply Co. arising out of, or relating to, these Terms and Conditions, shall be resolved by binding arbitration in Huntington, Cabell County, West Virginia. The arbitration shall be conducted by three (3) neutral arbitrators. One (1) arbitrator will be selected by State Electric Supply Co., and one (1) arbitrator will be selected by you. The remaining arbitrator will be selected by the two (2) arbitrators selected by you and State Electric Supply Co. The arbitration will be conducted under the auspices of, and in accordance with, the rules of the American Arbitration Association then in effect. Each party to the arbitration will bear its own costs, legal or otherwise, and the parties to the arbitration shall each bear an equal share of the arbitrators’ costs. The decision of the arbitrators shall be final and binding on the parties thereto, and judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction.
DEFINITIONS
Whenever a term defined by the Uniform Commercial Code is used in these Terms and Conditions, the definition contained in the Uniform Commercial Code shall control.
MODIFICATION
State Electric Supply Co. may revise these Terms and Conditions at any time without notice. Revised Terms and Conditions will apply to the use of this website from the date of their publication on this website. By using this website, you accept, and agree to be bound by, the then current version of these Terms and Conditions.
If you have questions about the Terms and Conditions, you may call or write to State Electric Supply Co.’s Advanced Customer-Service Team at (681) 203-2090 or at P.O. Box 5397, Huntington, West Virginia 25703.