Terms and Conditions of Sale for YESCO Electrical Supply Website Orders
- YESCO will charge a 3% convenience fee on all credit card payments for job business over $1000.00.
- All claims for shortages must be reported within 24 hours after receipt of order.
- Delivery dates are not guaranteed and are subject to change.
- Packing slip is required for returns.
- No returns after 30 days, special orders, job overages, wire cuts or installed parts.
- Written authorization is required before items are returned.
- Returns may be subject to a restocking fee.
- YESCO reserves the right to limit quantities.
- All sales are final.
- Interest charges of 2% per month 24% per annum.
- Sales tax is subject to change. A properly executed exemption form must be on file to be exempt from sales tax.
- Manufacturer’s warranties apply to all materials.
Unless otherwise noted, the following terms and conditions of sale will apply only to sales orders that originated and completed through our website at YESELECTRIC.com, unless you are using YESELECTRIC.com while registered as a Customer in which YESCO has explicitly agreed in writing to alternative terms and conditions (“Sale Agreement”). If you have such Sale Agreement, the terms and conditions of that Contract shall rule in the event there is a conflict with these terms and conditions. YESCO Electrical Supply, Inc. (“YESCO”) reserves the right to vary these terms and conditions for other sales by YESCO, including without limitation any sales that are initiated but not completed through YESELECTRIC.com.
1. ACCEPTANCE OF ORDER - Acceptance of any order from buyer ("Buyer") is subject to approval and acceptance by YESCO and, when applicable, YESCO’s suppliers. YESCO reserves the right to accept or reject any order without liability to YESCO, including without limitation, if Buyer’s credit becomes unsatisfactory to YESCO, and/or to immediately change the terms of any credit extended to Buyer.
2. PRICES AND SHIPMENTS - Prices shall be those in effect at the time YESCO accepts the applicable order from Buyer. Prices listed do not include shipping, handling fees, taxes, and/or duties, and are subject to change without notice. All shipments will be made F.O.B. shipping point.
3. SHIPPING POLICIES
(a) The price of shipping is determined by the shipping method you choose, your order's total weight, as well as the distance between your shipping address and our shipping center and/or the shipping point of the order should it be drop shipped direct from the manufacture. The shipping charge will be calculated on the Shipping & Billing page before you complete your order.
For business accounts, shipping charges are based on your local agreement. Questions surrounding freight charges and invoicing should be directed to your local YESCO branch.
(b). Buyer may elect to pay a premium for expedited shipping where available (Shipping Charges still apply). Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the Buyer. For all orders, regardless of whether a shipping and handling fee is charged, fuel surcharges may be applied.
(c) To qualify for expedited shipping, YESCO must receive Buyer's order before 12:00PM EST Monday-Friday. Orders containing hazardous materials are subject to federal, state, and local regulations and may not be shipped to certain destinations. Orders are processed on business days and orders placed on Saturdays/Sundays/Holidays will be processed on the next business day. If you have any questions please call YESCO at 330-747-8593
4. RETURN OF GOODS - Returns must be made within 30 days from the date of purchase. Returned product must be in original packaging, unused, undamaged and in saleable condition. The Buyer is responsible for the method and cost of return to YESCO. Credit may be allowed for goods returned with or without prior approval. A deduction may be made from credits issued to cover cost of handling, cancellation and/or restocking fees. When the return is approved, a credit will be issued to the original payment method. Please allow 14 days for the receipt and processing of returned merchandise. Note: Depending on Buyer's bank, it may take up to 7 additional days for Buyer's card to be credited.
Receipt of Damaged Material - If Buyer receives a damaged/defective item or item not as ordered, please contact YESCO's customer service department immediately at 330-747-8593 to provide a prepaid return label and process a new shipment.
Warranty Returns - Contact YESCO at 330-747-8593 (email@example.com) to determine manufacturer's warranty eligibility.
Buyer agrees that any credit balance(s) issued by YESCO will be available to Buyer account for no longer than one (1) year from its issuance. IF BUYER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND YESCO SHALL HAVE NO FURTHER LIABILITY.
5. TAXES - Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse YESCO for any such tax as assessed by the responsible tax jurisdiction.
6. DELAY IN DELIVERY - YESCO is not to be accountable or liable for delays in delivery beyond YESCO’s reasonable control, including but not limited to, computer or electronic interruptions, failure of its suppliers to ship or deliver on time, or acts of God. Factory shipment or delivery dates are the best estimates of YESCO and its suppliers and are not guaranteed. In no case shall YESCO be liable for any special, incidental, direct, indirect, consequential, punitive, exemplary or special damages (whether sounding in contract, tort, strict liability, or otherwise), all regardless of whether YESCO knew or should have known of the possibility of such losses, arising from any delay in shipment or delivery.
7. DISCLAIMER OF WARRANTIES - ANY DESCRIPTION OF THE GOODS CONTAINED ON ANY YESCO WEB SITE DESCRIPTION, QUOTATION, PURCHASE ORDER, ORDER ACKNOWLEDGEMENT, BILL OF LADING OR SALES INVOICE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS SHALL CONFORM TO THAT DESCRIPTION. YESCO MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO ANY GOODS SOLD BY YESCO TO THE BUYER, AND YESCO HEREBY DISCLAIMS ALL SUCH WARRANTIES. For purposes of clarification, YESCO sells the goods to Buyer with a warranty directly from the manufacturer, only to the extent available from the manufacturer. For information on a specific manufacturer's warranty, please contact YESCO at 330-747-8593. UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF YESCO, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH (1) ANY SAFETY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.
This disclaimer of warranties applies to all Buyers that are consumers (and not business customers, as set forth below in Section 8(A)). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions or limitations set forth above and below may not apply and other rights may be available to Buyer.
8. LIMITATION OF LIABILITY - Buyer recognizes that YESCO is a distributor and not a manufacturer, fabricator or packager. To the maximum extent permitted by law, Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to YESCO, a copy of which will be furnished upon written request. Furthermore, YESCO's liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at YESCO's option, and to the maximum extent permitted by law, IN NO EVENT SHALL YESCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ANY INDIRECT DAMAGES, OR FOR LOST PROFITS OR DATA (WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), ALL REGARDLESS OF WHETHER YESCO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES. In addition, claims for shortages, other than loss in transit, must be made by Buyer in writing not more than five (5) days after receipt of shipment.
8A. LIMITED WARRANTY FOR BUSINESS CUSTOMERS ONLY; DISCLAIMER
YESCO warrants to Buyers that are not consumers (as defined under the rules and regulations promulgated under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.)) that all goods are free of any security interest. The foregoing warranty shall not apply in the event that such Buyer is not buying either for resale or for use of the goods in the ordinary course of Buyer’s business. YESCO MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
9. MODIFICATION OF TERMS AND CONDITIONS – Except as stated in the introductory paragraph above, these terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon YESCO unless made in writing and signed on its behalf by an authorized representative of YESCO. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound.
10. PAYMENT TERMS - Payment is required at the time the order is accepted by YESCO, except for approved open credit accounts. Visa, MasterCard, American Express, and Discover credit cards are accepted. YESCO may add a monthly service charge of 2% per month 24% per annum or the maximum permitted by law for all accounts not paid by the net due date. In addition, YESCO may defer any further shipments or other orders, or cancel any portion of an unshipped order. Buyer will pay, to the extent permitted by law, all reasonable costs and expenses, including attorneys’ fees, collection agency fees and court costs incurred by YESCO in connection with any collection action for payment of amounts due.
11. EXPORTING - All items are sold for domestic consumption in the United States. Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders.
12. PRODUCT COMPLIANCE AND SUITABILITY - Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. YESCO does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does YESCO accept responsibility for construction, installation and/or use of a product. It is Buyer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
13. ERRORS AND CANCELLATIONS - YESCO attempts to ensure that the content on its web sites is complete and current. However, YESCO cannot guarantee that the information contained on its web sites will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. YESCO reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to Buyer. Further, YESCO reserves the right to refuse or cancel any orders (including without limitation any orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, and/or Buyer's credit card has been charged. If Buyer's credit card has been charged for the purchase and Buyer's order is canceled by YESCO, YESCO shall promptly issue a credit to Buyer's credit card. Except for issuing such credit (if applicable), YESCO shall have no liability or obligation to Buyer with respect to any cancelled order.
(a) Substitutions. Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
(b) Occupational Safety and Health Administration ("OSHA") Hazardous Substance. Material Safety Data Sheets ("MSDS") for OSHA defined hazardous substances are prepared and supplied by the manufacturers. YESCO MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY BUYER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. BUYER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. MSDS information is available upon request by calling 330-747-8593.
(c) California Proposition 65. The State of California requires that certain warnings be given concerning products subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available by logging on to www.oehha.ca.gov.