The sale of any product or services described or referred to in a quotation at the quoted prices is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such product or services, or any direction to proceed with the purchase of a new or reconditioned product or shop repair services, shall constitute assent to said terms and conditions and a representation that the Purchaser is solvent. Any additional or different terms or conditions set forth in any such communication from the Purchaser are hereby objected to by CBIONE and shall not be effective or binding unless expressly assented to in writing by an authorized representative of CBIONE. No contract shall be formed except upon the terms and conditions contained herein and any additional or different terms to which CBIONE has expressly consented.
Defined as new direct from the manufacturer or through a direct authorized distributor representative of that manufacturer. Subject to the limitations set forth below, Seller guarantees that the circuit breaker or product will operate in a normal manner under competent supervision under normal load, usage and conditions for a period of one year from the date of sale.
Defined as new in original packaging material as received and inspected. To the Seller’s knowledge, the circuit breaker or product is in new condition, has not been installed or energized. Subject to the limitations set forth below, Seller guarantees that the circuit breaker or product will operate in a normal manner under competent supervision under normal load, usage and conditions for a period of one year from the date of sale.
Defined as product in the original manufacturing state. The circuit breaker may be missing some or all of its original packaging but to the Seller’s knowledge, the circuit breaker is in new or unused condition. Subject to the limitations set forth below. Seller guarantees that the circuit breakers will operate in a normal manner under competent supervision under normal load, usage and conditions, for a period of one year from the date of sale.
Defined as the process of inspection, disassembly and reassembly, returning electrical equipment to safe, operating condition as recommended by industry standards. The circuit breaker or electrical equipment is brought up to match original condition by shop service cleaning standards, repairing or parts replacement in a quality controlled, remanufacturing environment, final reassembly and shop service tested by recognized industry test standards. Each circuit breaker is recorded in our database, assigned an identification number and general specifications and visual test reports are filed. Seller guarantees that the circuit breaker will operate in a normal manner under competent supervision under normal load, usage and conditions, for a period of one year from date of sale.
Defined as the process of a product state reached through a re-manufacturing service to meet or exceed the OEM specifications. The same guidelines under our Reconditioned/Rebuilt service standards are performed with extended disassembly of all parts to the highest standards. Remanufactured products are completely disassembled, while all parts and components are either fully restored or replaced. Upon completion, final reassembly and shop service testing is performed by recognized industry test standards. Each circuit breaker is recorded in our database, assigned an identification number and general specifications and visual test reports are filed. Seller guarantees that the circuit breaker will operate in a normal manner under competent supervision under normal load, usage and conditions, for a period of one year from date of sale.
CBIONE warrants to the Purchaser that the product and services to be provided hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified in the terms. This warranty shall apply only to defects appearing within one year from the date of shipment by CBIONE.
If the product or service delivered hereunder does not meet above warranty, and if the Purchaser promptly notifies CBIONE, CBIONE shall thereupon correct any defect, including non-conformance with the specifications, either (at its option) by repairing any defective or damaged parts of the equipment, or by making available at CBIONE shop service facility necessary repaired or replacement parts. The liability of CBIONE under this warranty (except as to title), or for any loss or damage to the product whether the claim is based on contract or negligence, shall not in any case exceed the cost of correcting the defects in the product as herein provided and upon expiration of the warranty period all such liability shall terminate. The foregoing shall constitute the exclusive remedy of the Purchaser and the exclusive liability of CBIONE.
Seller hereby disclaims any warranty that the goods are of merchantable quality or that they can be of use for any particular purpose and, except as provided herein above, further disclaims any other warranty, expressed or implied, seller shall not be liable for any consequential damages, lost profits, or any other kind of damages or expenses arising out of the sale of the products or services or the use, removal, replacement or return thereof. Seller’s liability upon proof of failure of the product to operate in accordance with the above warranty is limited to a return of the purchase price to the Purchaser or the replacement of the part purchased at the option of the Seller. Transportation of any replacement part shall be paid for by the Purchaser.
The above guarantees do not apply to any defects, problems, or failure to operate resulting from the misuse of the Purchaser of the product or any reassembly, repair or reconditioning by the Purchaser of the product after its sale by the Seller. This transaction is processed in Vista, California and Purchaser submits to the exclusive venue of jurisdiction of the Courts of San Diego County, California for resolution of any dispute arising from the transaction.
Circuit Breakers and other electrical products may be returned for repair within one year from invoice date for the failure to operate in a normal manner under competent supervision with normal load, usage and conditions. If not subjected to misuse, reassembly, repair or reconditioning by the Purchaser or user.
NO WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
All orders are subject to credit approval and will be deemed accepted by issuance of Sellers acknowledgement of Order or receipt of the actual order.
Unless otherwise specified in writing, terms of payment are in US currency due in full 30 days from the date of invoice. Any discount offered will be stated on the invoice. All past due invoices are subject to finance charges of 1.5% per month on the remaining balance, but not to exceed the maximum rate allowed by law.
Accepted carriers are Visa, Mastercard and American Express. A 3% processing fee may be applied. The Buyer will be notified prior.
If at any point in time it is determined by the Seller’s that the Buyer may be unable or unwilling to meet the terms specified, the Seller may require part or full partial payment as a condition to commencing or continuing the shipment. If shipment has departed, the Seller reserves the right to recover the shipment from the carrier until payment is received.
Buyer agrees to be responsible for any/all state/local sales tax associated with any order and also agrees to specifically indemnify Seller from any/all expenses related. Sales tax does not apply to Federal or State Government entities.
All prices are quoted FOB point of shipment unless otherwise specified in writing. Seller is responsible for adequate packaging, however all other transportation related perils are the Buyer’s responsibilities. These responsibilities include but are not limited to tariff’s, strikes, accidents and bad weather conditions, also deemed as “Acts of God” per the freight carrier companies. The Buyer will be responsible for filing any damage or loss claims directly with the carrier. Sellers may make partial shipments.
All products purchased, new or reconditioned, have a 30 day return policy after the date of purchase. Special order items may differ from our general return policy which the customer will be informed during time of quotation of any policies pertaining to a non-returnable, non-cancelable item prior to the initial sale.
The customer may request cancellation of his/her order upon verbal or written notice and upon payment to the company of reasonable charges, which may be taken into account without limitation. Cost of materials incurred through the date of cancellation, cost for labor performed for work done through the date of cancellation and the corporation's margin on such materials and labor.
Buyer may make changes in drawings, specifications, quantities, delivery schedules, or methods of shipment or packaging on any item, goods or service at any time. If such changes result in an increase or decrease in cost or time of performance, an equitable adjustment of price and delivery schedules may be made or Buyer may, at its option, terminate this order/contract if agreement on an equitable adjustment cannot be reached. Claims for equitable adjustment must be asserted by Seller within 10 days of the Change Order. This order, together with any change orders or instructions, shall constitute one order/contract.
Prices are firm throughout the agreed terms and conditions of the order/contract. In the event pricing must increase, Seller will notify Buyer prior to any proceedings on the order/contact service. Buyer shall have the right to terminate the order/contract if it does not agree to a price increase. Buyer will be responsible for any parts or labor costs incurred during the process of the order/contract service.