Terms & Conditions

HELBERG ELECTRICAL SUPPLY

GENERAL TERMS AND CONDITIONS OF SALE

AGREEMENT: By entering your order or requesting a quote, you confirm that the following terms and conditions of sale are the legal agreement governing you purchase, and that no changes or additional or different terms will apply unless you have previously established a different written contract for these purchases with HELBERG ELECTRICAL SUPPLY LLC. Note; terms and conditions are subject to change at any given time.

PRICES AND TAXES:  You agree to pay the prices, shipping and handling charges, taxes and duties quoted by us. Prices do not include taxes for sales, use, property, excise, freight or other tax charges, which are Buyer’s responsibility. We will collect applicable taxes unless you have submitted a tax exemption certificate, and have indicated which items are covered by it. Prices on special-order products that we cannot shipment from our stock may be subject to change before shipment; we will notify you of any change, and you may cancel your order without charge if the revised prices are unacceptable. 

TITLE AND RISK OF LOSS OR DAMAGE: You take title and responsibility for risk of loss or damage at the point of shipment.

DELIVERY: Factory shipping dates given in advance of actual shipment are approximate and not guaranteed,

PAYMENT: If you are a Credit Card Customer, you agree to pay at the time of purchase the prices, shipping and handling charges, taxes and duties quoted by us. If you are a HELBERG ELECTRICAL SUPPLY LLC Account Holder, then you agree to pay invoices within 15 days from our invoice date, or upon such other terms approved by us in writing. Any order from you represents that you are solvent. If we believe that your financial condition requires it, we reserve the right to require full or partial payment prior to manufacture or shipment. If you fail to make any payment due,  (1) we reserve the right to suspend performance and (2) you agree to pay a charge on the amount past due at the rate of 1 ½ % per month (18% per year) or the maximum lawful rate, whichever is less. In the event of non-payment, you agree to pay us reasonable attorney’s fees and court costs, if any incurred by us to collect payment and interest charges.

QUOTATIONS: Our quotation through this web site, by email or other communication expires thirty (30) days from the date of the quotation. This time limit applies even if you use our quote to submit a job or project bid to your customer. Unless otherwise noted on our quotation, it may be withdrawn earlier by us if prior to your customer’s acceptance of your bid, subject to the minimum lawful period. This quotation is contingent upon buyer meeting the financial qualifications established by HES. Buyer shall supply HES with such credit information as HES may reasonably request in order to qualify Buyer for the rights under any Purchase Order Agreement. If the manufacturer requires a deposit or full payment to be made to them at the time of order placement or release, those same requirements will be passed on to the Buyer, which Buyer accepts.

EXCUSABLE DELAYS: We will have no liability if our performance is delayed or prevented by causes beyond our reasonable control, including without limitation, acts of nature, labor disputes, governments priorities, transportation delays, insolvency or other inability to perform by the manufacture or any other commercial impracticability.

SHORTAGE OR DAMAGE MERCHANDISE: Claims for shortages or damaged merchandise must be made within 10 days of receipt.

RETURN OR PRODUCTS AND ORDER CANCELLATION: Prior authorization in the form of a RMA (Return Material Authorization) number must be obtained to return ant catalog item. Material returned must be sent freight prepaid and may be subject to a restocking charge or cancellation fee equal to the amount that, HELBERG ELECTRICAL SUPPLY incurs from its supplier, 25% of the price to you, whichever is greater

PRODUCT USE AND SAFETY: It is your responsibility to consult the National Electric Code and any pertinent local codes for approved installation procedures and precautions. We do not guarantee that the products you purchase meet your or your customer’s plans and specifications or intended use.

INTERPRETATION RESPONSIBILITY: When plans and specifications are involved, you are responsible to verify our interpretations of them. When substitutes are offered by us on any proposal, you are responsible for their acceptability.

DISCLAIMER OF WARRANTY: Since we do not control the use or application of the products we sell, there are no express warranties extended beyond the descriptions contained herein. We are not responsible for any consequential or indirect damages resulting from the application and use of these products. Since we only distribute products manufactured by others HELBERG ELECTRICAL SUPPLY is a distributor, not a manufacturer and makes no warranties whatsoever about the products that we sell. The manufacturers, which guarantees we pass through to the customer. 

LIMITATIONS OF LIABILITY: Unless applicable law otherwise requires, our total liability of our suppliers to you, your customers or to any other person, relating to this contract, its performance or non-performance, from the use of the goods furnished or from any advise, information or assistance provided by any method, including website, is limited to the price of the goods giving rise to the claim. also, neither we nor our suppliers, will be liable for any special, incidental, consequential or penal damages including, back charges; labor costs; cost of removal, replacement, testing or installation; loss of efficiency; loss of profits or revenues; loss of use of the products or any associated products; damage to associated products; lateness or delays in delivery; unavailability of products; cost of capital; cost of substitute products, facilities or services; downtime; or claims from your customers or other parties to you or directly to us for such damages.

INDEMNIFICATION.
(a) Buyer will defend, indemnify, and hold harmless Seller, their respective subsidiaries, affiliates, successors, and assigns and their respective directors, officers, shareholders, and employees from and against any loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost, fees (including import and export customs fees), or expense (including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers) (“Claims”) arising out of or occurring in connection with the negligence or willful misconduct of Buyer or its employees or agents, including but not limited to: (i) any misuse or modification of the Products by Buyer or its employees or agents, (ii) any act (or failure to act) by Buyer or its employees or agents in contravention of any safety procedures or instructions that Seller provides to Buyer or its employees or agents, or (iii) the failure to store, install, operate, or maintain the Products in accordance with the Instructions.(b) Seller will defend, indemnify, and hold harmless Buyer and its subsidiaries, affiliates, successors, and assigns and their respective directors, officers, shareholders, and employees from and against any Claims arising out of or occurring in connection with the negligence or willful misconduct of Seller or its employees or agents.

Governing LAW: this agreement, and all disputes related to it, shall be governed by the laws of the State of New York, United States of America, without giving effect to its conflict of law rules.