Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. You are entering into a legal contract with the owner of this web site, Capital Enterprises, Inc. D/B/A CIRCUITBREAKERSUPERSTORE.COM
1.2 By using this site, you represent to us that you are at least 18 year of age or, if you are under 18 years of age, you have binding legal parental or guardian consent to use this site and will be legally bound by these terms and conditions. If you are under 13 years of age, you may not use this site under any circumstances.
2.1 Use Limitations: Information on this site may be protected by trademark, copyright and other laws for the protection of intellectual property. Except as otherwise explicitly agreed in writing, all content you receive through this site may be displayed or printed solely by means of a single computer for your personal use in evaluating the products offered for sale on this site. Any other reproduction or re-transmission is strictly prohibited.
2.2 Prohibition against impairing web site: You agree that you will not attempt to use any automated system or program that would access this site more frequently than a human operator using a conventional browser and will not intentionally do anything that could disable or impair this site.
2.3 Spam and other Abusive Practices: You agree not to send Spam or cause Spam to be delivered to Circuitbreakersuperstore.com or any of its customers. You agree not to send to or through this web site any e-mail containing invalid headers, invalid domain names, hidden information, deceptive addressing, or false or misleading information.
3.1 Third-Party information: The public areas of this site may include product reviews, comments and other content and links posted by third parties. We have no control over, and we assume no responsibility for the content or links posted by others. You expressly release us from any and all liability arising from your use of any information posted by others on this site.
3.2 Content That You Post: You agree that by posting any content to this site, you represent and warrant to us that you have all rights necessary to post the content, and you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to display, reproduce, edit, alter or otherwise use the content, including any copyrights thereto. You also agree to waive any copyright “droite morale” (rights of integrity) or other analogous rights to the content.
3.3 Advertising: You agree that you will not post any advertisements of any kind and you will not post any links, messages or other content intended to divert business to any other person or entity, including those in actual or potential competition with us. You also agree not to provide any deep links to this site. If you link to this site, you must link to the home page so that others will know the source of the content.
3.4 Copyright Infringement: We claim the safe harbor protections of § 512 of the federal copyright act for all content posted to the public areas of this site. If you believe your copyright has been infringed by a posting on our web site, please contact us. Our designated copyright agent to receive notifications of alleged copyright infringement is firstname.lastname@example.org
4.1 User Account Information: In order to use some of the features of this site, it will be necessary for you to create an account. You agree that if you create an account, you will provide complete and accurate information and you agree to update your information within 7 days after any change. You may never use another’s account without our permission. It is your responsibility to keep your password information secure. If you believe your account has been compromised, you must notify us immediately so the account can be disabled and a new account created. We are not responsible for any loss arising out of your failure to maintain password confidentiality.
5.1 Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, you agree that the invalidity of that provision will not affect the validity of the other provisions of this Agreement.
5.2 Indulgences: Delay or failure by us to exercise any right or remedy accruing as a result of your breach of these Terms and Conditions will not impair our rights or remedies, nor will it be construed as a waiver of any breach. If we do waive one breach, that does not mean we waive any other breaches occurring either before or after the one we waive.
5.3 NO WARRANTIES: Access to this site is provided strictly on an “AS IS” basis. CIRCUITBREAKERSUPERSTORE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
5.4 Limitation on Damages: You agree that under no circumstances will we be liable to you for any incidental, consequential, punitive or other special damages whatsoever resulting from any use of this website including: (i) inaccuracies in content; (ii) personal injury resulting from your access to information posted in the public area of this site; (iii) any unauthorized access to personal information stored by us; (iv) any interruption of service; or (v) any virus or other malware transmitted by any third party via this web site.
5.5 Indemnification: You agree to defend, indemnify and hold harmless Circuitbreakersuperstore.com, its directors, employees and agents from and against any and all third-party claims of losses, damages or expenses in whatever form or nature, including attorneys’ fees and other costs of legal defense, arising out of (i) your use of this web site; (ii) your violation of any provision of these Terms and Conditions; or (iii) your violation or claimed violation of the rights of any third party, including but not limited to copyright, invasion of privacy, or other privacy rights.
5.6 Governing Law and Jurisdiction: You agree that these Terms and Conditions are governed the law of the State of Arizona, without resort to any conflict-of-law provisions to the contrary. You agree to submit to the jurisdiction and venue of the State of Arizona for any actions or proceedings arising under or in connection with these Terms and Conditions and you agree that the sole and exclusive forum for all disputes under, or arising out of, these Terms and Conditions or relating to your use of the web site shall be either (i) the Superior Court of the State of Arizona, in and for the County of Maricopa, or (ii) the United States District Court for the District of Arizona.
5.7 Survival: The provisions of this section 5 will survive any termination of your use of the web site or these Terms and Conditions.
5.8 Complete Agreement: This writing sets forth the entire understanding between the parties with respect to the subject matter hereof. No modification, amendment, waiver, termination or discharge of this Agreement is binding on Capital Enterprises, Inc. (d/b/a Circuitbreakersuperstore.com) unless confirmed by written instrument signed by an Officer of Capital Enterprises, Inc..
6.0 Definitions: Equipment, material, products and goods (collectively “Goods”) sold by Seller are categorized as follows:
6.1 New Surplus: New Surplus may also be classified as “New Surplus”, “New Takeout” or “New Pullout”. Items that have never been energized (other than for testing purposes).
6.2 Refurbished: Items that have been energized. Lugs and/or external devices (i.e. handle locking devices, operators, etc.) may have been reworked or replaced. Items have been visually and physically inspected for quality purposes. Items may have cleaned or otherwise enhanced for cosmetic or aesthetic purposes. Items that have been load tested to Industry Standards with high current tester, and/or by an insulation resistance tester and/or continuity tester.
7.0 Payment terms: PAYMENT IS DUE AT TIME OF ORDERING, unless purchaser has already obtained a credit account with seller. For Credit accounts, unless otherwise agreed upon in writing, terms of payment are Net 30 Days. All past due credit accounts will be subject to an interest charge at the rate of 1.5% per month. All credit orders are subject to the approval of Seller’s credit department and Seller may require full or partial payment in advance. For credit accounts, a written purchase order from buyer must accompany the placed order.
8.0 Shipping & Delivery: Shipping charges are Prepaid and Allowed on UPS ground “Molded Case Circuit Breaker” orders over $ 100.00, unless otherwise stated by Seller. Shipping charges are Prepaid and Allowed on UPS ground orders for all other products on orders over $ 500.00, provided the product(s) can safely ship ground ups. If the product cannot safely ship via UPS ground, or is too heavy to ship UPS Ground, then the product will be shipped via freightliner and buyer’s expense. All other orders are shipped Prepaid & Charged or Freight Collect at Buyers discretion and are FOB point of shipment. If freight is charged, the freight will need to be prepaid, along with the product, before product ships. Airfreight orders are shipped Prepaid & Charged or Freight Collect at Buyers discretion and are FOB point of shipment. Seller will not be responsible for any loss, delay or breakage after receipt of an executed bill of lading or other shipping documents from the transportation carrier indicating the Goods have been shipped in good order. Seller shall incur no liability for damage, shortages or any other cause, alleged to have occurred or existed at, or prior to, delivery of the equipment to the carrier, unless full details are entered on Buyer’s receipt documentation to the carrier. Not all products ship from, or are stored at Seller’s primary address. Seller reserves the right to ship from any location in the United States of America or Canada, at its sole discretion, and is not responsible for any loss of time, or any increase in shipping charges due to ship point being different than seller’s primary warehouse. We reserve the right to ship a product similar to the product ordered, in replacement of the product ordered, as long as it will physically and electrically fit into the same location that the product was ordered for.
8.1 Delivery: Except as otherwise specified on invoice, title will pass when item leaves shipper’s warehouse. Risk of loss or damage will pass to Buyer upon delivery to carrier.
8.2 Delays: Seller shall not be liable for loss or damage of any kind, resulting from delay or inability to deliver, on account of fire, labor troubles, accidents, acts of civil or military authorities, or from any other cause beyond Seller’s control. Most orders ship same day or next day. Seller reserves the right to delay order if needed.
9.0 Cancellation: Orders may be terminated by Buyer prior to shipment and upon payment of reasonable and proper termination charges, plus 25% of the contract price.
9.1 Return Policy: All returns shall be subject to a 25% restocking fee plus all freight charges incurred, even if no freight charges were originally billed to Buyer. All credits or refunds are subject to inspection and verification of returned material, Seller has 15 days to inspect and verify material prior to issuing credit or refund. A “Return Goods Authorization, otherwise known as “RGA” is required for all returns, and returns must be made within 15 days from date of RGA. All RGAs must be requested within 60 days of invoice date. After 60 days, no credit or refund will be issued. No exceptions. For “Special Terms Pricing” orders, no returns accepted after 30 days.
9.2 Special Orders: Some orders are designated “special order”. Special Orders are non-cancelable and non-returnable. Seller will notify buyer, either verbally or in writing before shipping, if order has been designated as “special order”. If buyer has been informed by seller that order is designated as “special order”, and buyer decides to cancel order, buyer must notify seller of cancellation in writing the same day buyer was notified.
10.0 Load Testing: Items that have been tested to industry standards. This testing is done in house or at a location designated by the Seller, at the Seller’s discretion. Any third party testing is the responsibility of the Buyer.
11.0 Limited Warranty: For a period of one (1) year from the date of shipment of original sale, Seller warrants to Buyer that the Goods sold or delivered hereunder will be free from defects of material or workmanship, provided that such Goods are normally used and serviced. Buyer’s sole and exclusive remedy under this Warranty shall be limited to either of the following (to be elected by the Seller): (i) return of goods to Seller and Seller to credit the original purchase price to Buyer’s account or (ii) repair or replacement by Seller of defective Goods. Seller to credit the return freight charges upon verification of returned defective material. All Warranty work on defective Goods shall be performed at the Seller’s facility in Arizona U.S.A. or at the Seller’s discretion at a facility designated by Seller for such purposes. In no event shall Seller be liable for consequential damages, including but not limited to: costs associated with removal and re-installation of original or replacement Goods, travel charges, down time and loss of service or use of equipment or facilities, damages from improper installation or use of Goods. The Seller is not responsible for any project completion commitments or time commitments, whether stated or implied, as defined by any contracts or agreements that the Buyer has entered into without the Seller’s specific written acknowledgment and acceptance of this responsibility (acceptance of “Air Freight” or express shipment orders does not constitute the Seller’s acceptance of said responsibility).
11.1 The foregoing Warranty will not apply to defects within the Warranty periods resulting from accident, negligence, abuse or misuse, improper storage or maintenance, improper installation, damage in transit, alterations or repairs, subsequent to the sale or service by Seller.
11.2 REMOVAL OR ALTERATION OF ANY LABELS ON PRODUCT WILL AUTOMATICALLY VOID WARRANTY
11.3 EXCEPT AS SET FORTH IN THE FOREGOING PARAGRAPHS, NO WARRANTY, GUARANTEE, REPRESENTATION OR UNDERTAKING, WHETHER STATED OR IMPLIED, WITH RESPECT TO GOODS SOLD HEREUNDER SHALL BIND OR OBLIGATE SELLER IN ANY WAY. ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS AND UNDERTAKINGS ARE HEREBY EXPRESSLY DISCLAIMED AND DISALLOWED.
11.4 Extended Warranty: If extended warranty has been purchased, the seller extends the Limited Warranty period for an additional one-year period. Under no circumstances shall the warranty ever extend beyond a total period of 24 months from the date of purchase. Extended Warranty can only be purchased at same time as the products being covered. Extended Warranty cannot be purchased at a later date. All other warranty conditions listed in paragraphs 11.0 thru 11.3 apply.
11.5 Special Terms Pricing: Special Terms Pricing is a contractual agreement where buyer acknowledges and agrees to accept a reduced warranty period in exchange for a reduced price. The warranty period is limited and reduced from one year down to 30 days. As part of the Special Terms Pricing, the item purchased is non-cancelable and non-returnable except for internal defect. No returns after 30days for any reason. All other conditions of paragraphs 11.0 thru 11.3 apply. All items sold under Special Terms Pricing are refurbished.
12.0 Subject to Change: Terms and conditions are subject to change without notice.
12.1 Prices and quantities available are subject to change daily and without notice. We Do NOT offer rainchecks - Pricing is subject to availability. Prices offered are only for items currently available, and are always subject to prior sale.
13.0 Pictures: Pictures are for reference and identifying purposes ONLY. Seller does NOT guarantee that the product sold will look exactly like the picture displayed.