These terms and conditions are to be incorporated and subject to all quotations, sales of material and manufactured equipment issued by Temporary Electrical Supply, (TPS). TPS’s terms and conditions shall take precedence over any Customer’s terms and conditions.
If any additional or counteroffer terms and conditions are submitted to TPS, it shall not be binding unless accepted in writing by the president or holding officer of TPS.
Indemnification:
Customer agrees to hold TPS owners, employees, and representatives harmless from and against all losses and damages, liabilities, costs, but not limited to loss of profit or revenue for claims that are based upon defective of design, material, goods sold, or workmanship furnished by TPS or any third party.
Limitation of Liability:TPS will not be liable:
To you (whether under the law of contact, law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website: [to the extent that the website is provided free-of-charge, for any direct loss;]
Any indirect, special, or consequential loss.
Any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Pricing and Taxes:
Unless otherwise noted, all quotes, prices and sales are to be F.O.B. origin with freight allowed or prepaid and billed as designated by TPS Website or TPS Representative.
All prices shall be rounded to the nearest two decimal places. Prices are to be good for a period of thirty (30) days, unless otherwise noted by an authorized sales representative and or upon quotation.
Any period beyond the Thirty (30) day mark, are subject to changes due to industry increase on Good(s) and Services prior to date Sales Order execution.
All TPS prices presented do not include sales or any other taxes on goods and services or similar taxes, unless otherwise noted by an authorized TPS sales representative. Taxes to be assessed to all final product sales at time of invoice. Buyer is responsible to provide TPS with any exception forms or certificate of resale to avoid all sales taxes at time of invoice.
TPS routinely updates and manages content on this website including but not limited to: images, product data sheets, new product introduction, removal of discontinued items, and sales or promotional pricing. This content is subject to change without prior notice.
Payments:
Terms are NET Thirty (30) days (or as otherwise stated on invoices), and that interest at the rate of Twenty-one percent (21%) per annum will be charged on all balances unpaid after Forty-five (45) days from the date of the invoice. In no event, however, shall the rate of said finance charge exceed the highest rate permitted by law. In the event of default and referral to an attorney or collection agency, the customer agrees to pay all collection costs including reasonable attorney fees.
Payments by credit card must be received within Ten (10) days of the invoice date or be subject to a three percent (3%) processing fee.
TPS shall have the right, at any time, for credit reasons (for example, should Applicant’s (customer) account be past due or should TPS have a good faith belief that prospect of payment is impaired) to withhold shipments in whole or in part, to recall goods in transit and to repossess all goods previously delivered that have not been paid for in full.
TPS retains a security interest in all goods until paid for in full. Applicant shall not grant a security interest in the goods to any other party until the goods are paid for in full.
Applicant shall provide TPS with updated financial information (including, without limitation, updated financial statements) as a condition for the continued extension of any credit granted to Applicant.
Upon request, Applicant agrees to provide TPS a statement of representation that Applicant is and remains solvent.
In the case invoices require legal action or the hiring of a collection agency, then customer agrees to pay all attorney’s fees and/or collection fees associated with collecting past due balances.
NON-PAYMENT VOIDS ANY WARRANTY.
Specifications and Approvals:
Wire and Cable tolerances, unless otherwise specified in Sales Quotes or Sales Orders all wire and cable tolerances are +/- 10%.
All CAD drawings and plans, quantity counts, dimensions and/or specifications issued by the Customer to TPS shall have complete agreement in writing prior to fabrication by TPS.
Shipments:
TPS is not responsible to delays in shipments due to acts of god, failure on customer’s part to delay in issuing purchase order or other circumstances beyond TPS’s control. Delivery date estimates are accessed by the best estimate using TPS’s commercial carriers and freight services.
TPS will use the best cost-effective estimate for selecting forms of shipments as they adhere to the customer request but reserves the right to use an alternate carrier to meet the requested shipment date.
It shall be the Customer’s responsibility to inspect all goods prior to acceptance. Any missing or damaged items must be reported to TPS within Five (5) business days, any claims that are reported to TPS after the five day grace period will be rejected.
As the purchaser of TPS products, you should be aware of your rights and responsibilities when receiving your package from a freight truck. Packages can be subject to damage during shipment, so we want you to understand the importance of inspecting your items immediately for damage and correct quantities. If your item is damaged, do not sign your shipping ticket without stating it on the document. TPS will not be held liable for any claims if it is not stated on the shipping ticket. We want to help with these issues, but our freight companies will not give a credit if a claim is not reported upon arrival of the package.
Before you sign –
Do not let the driver force you to sign. – They cannot leave until the Bill of Lading or Freight bill is signed.
Upon arrival of your goods, inspect your shipment immediately for visible signs of damage and missing items. – You must note the item, and the damage or condition on the shipping ticket before signing and write “SUBJECT TO INSPECTION”. If damage is discovered later in the future, it will become your responsibility. Therefore, it is extremely important to inspect & list damages on your Bill of Lading or Freight Bill.
After your inspection, sign the shipping ticket and ask for a copy of the ticket (It is your right to have your receipt)
If Damage is visible –
Note the damage on the shipping ticket and refuse the delivery. Contact TPS to request a new shipment at no charge – We will ask for a copy of the Bill of Lading with a note and proof of damage.
Immediately take photo evidence of damage to provide to your supplier when requesting a new shipment.
If Damage is not visible upon arrival –
You must report the damage within 5 days of receiving your package. Failure to do so in the allotted time will result in the inability to file a claim with the freight carrier.
Keep documentation of all receipts and photo evidence of the damage.
Shipments sent via freight may be subject to additional charges such as the following –
Lift Gate – Lift gates are required for shipments exceeding 100 pounds or 72 inches in height. If your drop-off location does not have accessible docks or a fork-lift, your shipment may require a truck with a lift gate.
Limited Delivery Access – If your drop-off location has limited access for carriers and is not part of the original quote, an adjustment may be applied. If an employee is not available to assist with loading or unloading a limited delivery access may be applied.
Residential Fees – When a shipment is delivered to a residence or business that is not publicly marked or factored into the original shipment quote. Please ensure the business name is listed correctly on the Bill of Lading to prevent this.
Re class – When the carrier inspects your freight in transit and finds a discrepancy between the class listed on the Bill of Lading and the actual class of the freight.
Warranty:
The warranty TPS provides for products it represents and distributes is limited to the warranty provided by the manufacture of the product.
In no event will TPS be liable for any incidental, special consequential or punitive damages of any nature or kind, however arising, whether in contract or otherwise, even if is deemed to be aware of the possibility of such damages.
In no event will TPS be responsible for any claims or damage arising out of or connected with this warranty or the manufacture, sale, delivery, installation, or use of the product in excess of the purchase price of the product.
No additional warranty is offered by Temporary Power Supply beyond that of the product manufacturer.
In the case TPS alters or assembles products it purchases from manufactures, TPS will warrant the work performed for up to One (1) year from the date of shipment. This warranty is limited to workmanship only. This warranty does not apply to normal wear and tear or damage caused by negligence, lack of maintenance, accident, abnormal operation, improper installation or service, unauthorized repair, fire, floods, and acts of God. All costs incidental to repairing or replacing defective products, including but not limited to removal, disassembly, reinstallation, and reconstruction, will be borne by the buyer, and in no event will TPS be liable for such costs.
Returns, Order Cancellations and Customer Credits:
No items will be accepted for return without prior approval from an authorized TPS employee and must be accompanied by an TPS issued RMA within a period of Thirty (30) days following shipment. Material must not be used, altered and must be in original packaging. Cut wire may not be accepted. All returns are subject to a minimum Twenty-five percent (25%) restocking charge. Payments may be applied against open charges at the discretion of TPS. On request, the customer agrees to provide creditor a statement of representation that the undersigned is and remains solvent.
Customer agrees to pay all return freight for any item wanting to be returned. EXCEPTION: INCORRECT orders pulled and shipped by TPS or its affiliates – TPS will pay return freight to correct the error. Customer must use an TPS supplied shipping label / Bill of Lading (BOL) – no return shipments will be accepted if shipped “collect” unless otherwise authorized by TPS.
Order cancellations are acceptable only if an authorized TPS representative agrees of such in writing and Buyers agrees to any fees that may have incurred due to restocking charges, manufacture fees and/or fabrication time and material.
The amount of credit may be changed, or credit withdrawn by TPS at any time, in its sole discretion.
About California Proposition 65 Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and maintains and updates the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.The following warning will be provided for products that apply:WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
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