TERMS AND CONDITIONS

 

CRESCENT ELECTRIC SUPPLY COMPANY AND SUBSIDIARIES TERMS AND CONDITIONS OF QUOTATION

  1. Buyer understands and agrees that all quotations and accepted orders by Crescent Electric Supply Company and Subsidiaries ("Seller") are expressly conditioned upon these terms and conditions ("Terms and Conditions of Quotation"). Furthermore, your acceptance of this quotation indicates that you have also read, and agree, to the Crescent Electric Supply Company and Subsidiaries Terms and Conditions of Sale ("Terms and Conditions of Sale") which are deemed automatically incorporated into any and all purchase orders.

  2. Prices are firm for 10 days unless otherwise noted. As to all other terms, until signed and returned, the quotation is merely a quotation of sales prices. The quotation and tender will be deemed accepted only if signed and returned within ten days after receipt; otherwise, it shall have no effect.

  3. Seller is not required to accept Buyer's orders. Any purchase order pursuant to Seller's quotation shall not result in a contract until it is accepted by Seller and acknowledged by it or its authorized representative.

  4. This quotation is contingent upon Buyer meeting the financial qualifications established by Seller. Buyer shall supply Seller with such credit information as Seller may reasonably request in order to qualify Buyer for the rights under any Purchase Order Agreement.

  5. 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.

  6. The quotation does not include accessory equipment, stems, mounting bars, mounting hardware, spares or plaster frames or any fitting-up charges which cover the manufacture or operating cost of the necessary tools and fixtures required to fill the order unless such items are listed or published as standard components in the manufacturer's specifications.

  7. The quotation is made for the listed types and quantities only and all descriptions, items, totals and quantities are listed for your convenience only. Seller is not bound by any specifications, drawings, notes, instructions, engineering notices, technical data or any other document referred to in a Purchase Order by Buyer, and shall not be deemed to be incorporated by reference in any document or order by Buyer, unless a full copy is provided to Seller and such terms are approved and accepted in writing by Seller. Take-offs are not guaranteed. All items, including equals, are subject to approval by the Specifier.

  8. Special orders may not be subject to return for credit. Return privileges, if available, on special order material will involve restocking charges.

  9. Prices do not include taxes for sales, use, property, excise, freight or other tax charges, which are Buyer's responsibility.

  10. If the quotation is accepted and Buyer's order form is used for the purpose, it is expressly understood and agreed that these terms and conditions, including the Terms and Conditions of Sale, shall prevail if they conflict in any way with the terms and conditions set forth in such order form, and the issuance of such order by Buyer shall be deemed to note Buyer's assent to this condition.

  11. BUYER AGREES TO AND ACKNOWLEDGES RECEIPT OF THESE TERMS CONDITIONS WHETHER IN HAND DELIVERED OR THROUGH VIEWING ONLINE AT www.cesco.com, where copies of the Terms and Conditions of Quotation, Terms and Conditions of Sale and Application for Open Account Privilege are available. Buyer may also request additional copies by contacting the Corporate Finance Manager of Seller directly at (815) 747-3145.

 

CRESCENT ELECTRIC SUPPLY COMPANY AND SUBSIDIARIES TERMS AND CONDITIONS OF SALE

  1. CRESCENT AND ITS AGENTS:  For all sales, “Seller” or “Crescent” shall mean Crescent Electric Supply Company and its subsidiaries, including but not limited to Womack Electric & Supply Company, Inc. and Stoneway Electric Supply Company (hereinafter collectively referred to as "Seller" or "Crescent").  Any change to these terms and conditions or document claiming to bind Crescent to any affirmation, waiver, representation or warranty inconsistent with these terms and conditions must be expressly agreed to in writing or otherwise approved by a duly authorized corporate resolution.  Wherever Seller’s signature or approval is required, it must be by an Officer of Crescent.    

  2. GENERAL AGREEMENT:  All sales are expressly conditioned on these terms and conditions, and acceptance of or payment for any goods constitutes Buyer’s agreement to Crescent's terms and conditions of sale.    Unless expressly agreed to in writing by an authorized Officer of Crescent, no additional or different terms shall apply.  No course of prior dealings between the parties or any usage of trade will be relevant or admissible to supplement, explain, or vary any of these terms and conditions.   Any acceptance by Buyer with additional or different terms is deemed rejected by Crescent and notice is hereby given that Crescent objects to any different or additional terms.  All existing personal guarantees will remain in full force and effect to secure these terms and conditions unless a new personal guaranty is signed.  The amount of credit Crescent extends is subject to change at any time without notice.  If any provision of this agreement is found to be unenforceable or invalid in its entirety, such provision will be severed from these terms and conditions and will not affect the enforceability or validity of the remaining terms and conditions. CRESCENT’S ACCEPTANCE OF BUYER’S PURCHASE ORDER IS EXPRESSLY MADE CONDITIONAL ON BUYER’S AGREEMENT TO THESE TERMS AND CONDITIONS AND THAT SUCH TERMS AND CONDITIONS CONSTITUTE THE SOLE TERMS AND CONDITIONS OF ALL SALES.  All typographical or clerical errors made by Crescent in any quotation, acknowledgment or publication are subject to correction. These terms and conditions are subject to revision. Such revisions will be deemed accepted for new sales unless objected to within 5 days of the change. Unless a term or condition is specifically changed, all existing terms and conditions, including Personal Guarantees, will remain in full force and effect. 

  3. WARRANTIES:  Crescent agrees to assign and pass-through to Buyer any warranties expressly provided by the manufacturer of the product purchased, if any, which is Buyer’s exclusive right of warranty.  Buyer’s remedies are subject to any limitations contained in manufacturers’ terms and conditions to Seller.  If the manufacturer does not provide a warranty, then the goods are sold “as is.”  THE WARRANTY EXPRESSED IN THIS PARAGRAPH, AND THE OBLIGATIONS AND LIABILITIES OF SELLER ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND BUYER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES WHETHER OR NOT OCCASIONED BY CRESCENT’S NEGLIGENCE. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY CRESCENT AND BUYER.  Crescent is a distributor, not a manufacturer and makes no warranties or representations, express or implied, as to workmanship, performance, quality, durability or fitness for a particular purpose, suitability or merchantability for any of the goods sold.  This disclaimer is for all liability including liability in contract, in tort or otherwise and precludes claims for incidental, consequential, special damages, or any loss or damage, whether to property or injury to persons, whether foreseeable or not foreseeable, resulting, directly or indirectly, from the use or loss of use of any goods sold.  The parties affirmatively state that the goods sold hereunder are not intended for use in or in connection with a nuclear facility, any safety application (unless the goods are specifically designed and marketed as a safety product), or in a healthcare application where the goods have potential for patient contact.  Crescent makes no representation whatsoever whether any goods comply with the Occupational Safety and Health Act (OSHA), the Americans with Disabilities Act (ADA), or any other federal, state, or local statute, law, ordinance, or ruling.

  4. SPECIFICATIONS:  It is Buyer’s sole responsibility to determine whether materials sold by Crescent to Buyer comply with any drawings, plans or specifications.  Crescent makes no representation or warranty with respect to any drawings, plans or specifications and expressly disclaims the same.           

  5. LIABILITY:  Crescent is not liable for special, indirect, incidental or consequential damages of any kind from the use or loss of use of any goods or due to, arising out of or connected with the sale of materials or the provision of services by Crescent to Buyer, including but not limited to back charges, labor costs, costs of removal or replacement, lost profits, delays, or any claims from Buyer’s customers or third parties.  In addition to a manufacturer’s warranty, if any, as stated in the Warranties section of these terms and conditions, Buyer’s exclusive remedy for any claim against Crescent is for Crescent, at its option, to repair or replace the goods, or for Crescent to request return of the goods and tender to Buyer the purchase price paid upon redelivery.  The remedies of Buyer as set forth herein are exclusive, and Crescent’s liability will not exceed the purchase price of the goods sold with respect to any contract of sale or anything related to such sale, whether Buyers claim is in contract, tort, negligence, strict liability, breach of contract, indemnity or under any other legal theory, warranty or otherwise.  No action for breach of any term of sale or any other duty of Crescent with respect to goods or services may be commenced more than one year after any cause of action accrues.  No labor expense or other charges will be accepted by Crescent as a result of the use or modification of any of the goods sold hereunder, unless approved in writing by a duly authorized representative of Crescent in advance.

  6. DELIVERY & PRICING:  Shipping dates given in advance of actual shipment are estimates only and Crescent does not guarantee shipment dates.  Unless otherwise indicated in the applicable quotations or statement of work, prices for goods/services are those in effect at time of shipment.  Crescent is not liable for failure to perform or delay in performance resulting from fire or other casualty loss, war, riot, act of terrorism or revolutions, pandemic, labor difficulties, embargo, transportation problems, accidents, breakdown of machinery, interruptions or delays in the usual source of supply, governmental action or regulation, or any other cause, contingency or circumstance, within or without the United States, not subject to Crescent’s control which shall make the fulfillment of the agreement impracticable; any of which shall, without liability, excuse Crescent from the performance of the agreement. All shipments are FOB shipping point, with a full reservation of all bond and lien rights.  Buyer has sole responsibility for filing claims with the manufacturer or carrier.

  7. ACCEPTANCE OF GOODS:  Buyer will examine all goods delivered immediately upon receipt. Buyer’s failure to give written notice of any claim within 10 days of receipt shall constitute Buyer’s unqualified acceptance of the goods and a waiver of all claims including any right to revoke acceptance. Upon acceptance, Buyer assumes all risks and liability related to the use of any goods delivered or by the use of such goods in combination with other goods or materials. In no event is customer permitted to set-off payment for any rejected or revoked acceptance goods against payment due on goods accepted.

  8. PAYMENT:  Unless there is an express written agreement between Crescent and Buyer specifying different payment terms, Crescent invoices are due 30 days from date of invoice.  There is no grace period, and Buyer’s account may be placed on hold if payment is not timely received.  Crescent is not responsible for any losses or damages that Buyer may incur due to suspension or termination of any account or agreement.  Payments are to be issued to the location detailed on the invoice or statement.  If paying by ACH or by online services, Buyer agrees to contact a local Crescent Credit Department for additional instructions.  Credit Cards are accepted for point of sale purchases only, but not for statement balances.  Buyer’s obligation to pay Seller for the goods and services provided is not conditioned on Buyer obtaining acceptance or approval from any third party (e.g. lenders, contractors, project managers, bondholders, insurance companies, owners) or receiving payment from any third party (e.g. “retainage” amounts, insurance or bond proceeds, or “pay-when-paid” or “pay-if- paid” provisions).

  9. TAXES:  The prices for goods do not include any sales, use or other taxes or charges payable to state or local authorities. Buyer is responsible for paying all federal, state and local sales, use, property, excise, freight or other taxes imposed on or with respect to the goods, except taxes levied on Seller’s net income with respect to such goods. To the extent that Buyer claims that a job is tax exempt, Buyer must provide adequate supporting documentation satisfactory to Seller to substantiate such claim, and Buyer’s certification that the sale of the goods is exempt from such taxes.  Buyer assumes all liability for any such tax which is found to be due and agrees to indemnify and hold Crescent harmless with respect to payment of such tax.

  10. SERVICE CHARGES:  Invoices that are more than 30 days past due are subject to interest from the due date until paid at the lesser of 1.5% per month (18% per annum), or the highest rate permitted by applicable law.  Failure by Crescent to levy a late charge will not be construed as a waiver unless specifically agreed to in writing.

  11. RETURNS:  Credit may be allowed for goods returned with prior approval by a duly authorized representative of Crescent.   No request for a credit will be processed unless Buyer provides the original invoice number and date.  Buyer will pay the costs of return of any goods and will use its best efforts to ensure that all packaging materials that Crescent provides are maintained in suitable storage areas to protect them from damage, including, without limitation, from forklifts and weather. Goods must be securely packed to reach Crescent without damage. Specially fabricated or nonstock special ordered materials are nonreturnable.  Material accepted for credit may be subject to a restocking and/or cancellation fee.  Credit balances are non-refundable and only can be used to purchase new materials.

  12. APPLICABLE LAW:  Any action to enforce this agreement will be in the county and/or venue of Crescent’s choosing unless otherwise required by the laws of the state in which the action is brought. Any dispute arising under this Agreement is governed by the laws of any state in which Crescent maintains a place of business, at Crescent’s sole discretion, unless otherwise required by the laws of the state in which the action is brought and Buyer agrees to submit to personal jurisdiction in such state.  In the event that Crescent is forced to initiate collection proceedings for amounts it is owed, Buyer agrees that it will be liable for all collection and other costs incurred by Crescent whether or not litigation is commenced including, but not limited to, reasonable attorneys’ fees.

  13. NON-WAIVER BY CRESCENT:  Waiver by Crescent of a breach of any of these terms and conditions is not a waiver of any other term or condition.  Crescent’s acceptance of less than full payment is not a waiver of any of its rights.

  14. WAIVERS BY BUYER:  Buyer waives demand, notice of default, protest, notice of acceptance of this agreement, notice of credit extended, and notice of collateral delivered or received.

  15. CANCELLATION:  Once an order is placed with and accepted by Crescent, the order cannot be cancelled, unless Crescent consents in writing. If an order is cancelled, Buyer will reimburse Seller for any cost it incurs as a result of such cancellation, including but not limited to cancellation or restocking fees. Buyer agrees to indemnify and hold Seller harmless from any claims by Seller's vendor against Seller related to any cancellation.

  16. THIRD PARTY CONTRACT OBLIGATIONS:  In the event that Buyer has contracted for or otherwise assumed with any other Party any obligation or liability to an Owner, Contractor, Construction Manager or any other person or entity responsible for the completion of any portion of any project in which Seller’s goods will be used, Buyer agrees that Seller is not a party to such contract, and that Seller does not assume any liability or obligation under any such contract or agreement unless expressly agreed to in writing in advance. Buyer is not permitted to delay, set-off or condition any payment obligation based on any third-party obligation or condition, including but not limited to retainage conditions, “pay-when-paid” or "pay-if-paid" terms between Buyer and any third party. Buyer releases and agrees to defend, indemnify and hold Seller harmless for any claims of any nature whatsoever related to any obligation, risk, liability or responsibility that Buyer has undertaken pursuant to any contract or which was assumed by Buyer to any Owner, Contractor, Construction Manager or other party related to the goods or work sold by Seller.

  17. NOTICES:  All notices, requests, consents and other communications required or permitted under these Terms and Conditions will be in writing and sent by regular U.S. Mail and one or more of the following delivery methods: registered or certified mail, postage prepaid; transmitted by facsimile or e-mail if confirmed by such mailing or delivery, to Buyer and Crescent at their respective addresses on file. Either party may change its address by written notice to the other.

  18. TERMS AND CONDITIONS RECEIPT:  BUYER AGREES TO AND ACKNOWLEDGES RECEIPT OF THESE TERMS AND CONDITIONS WHETHER ACCESSED ONLINE OR HAND DELIVERED AT ONE OF THE ADDRESSES LISTED BELOW, where copies are available. Buyer may also request additional copies by contacting the credit department (contact information is listed below). Buyer agrees that it has read and fully understands Crescent's terms and conditions and has had the opportunity to consult with its attorney.

  19. CHANGE IN COMPANY INFORMATION:  Applicant agrees to notify Crescent in writing via certified mail, return receipt requested, within seven (7) days of the change of any information given to Crescent in this Application, including, but not limited to, changes in name, ownership, corporate status or structure, or other material changes.  Contact information is listed below.
     

Crescent Electric Supply Company
Credit Department
PO Box 500
East Dubuque, IL  61025
Ph:  (815) 747-3145
Email: CorporateFinance@cesco.com
Web:  www.cesco.com

Womack Electric Supply
Credit Department
625-B Lynndale Court
Greenville, NC  27858
Ph:  (800) 280-1586
Email:  credit@womackelectric.com
Web:  www.womackelectric.com

Stoneway Electric Supply
Credit Department
PO Box 4037
Spokane, WA  99220
Ph:  (509) 535-2933
Email:  credit@stoneway.com
Web:  www.stoneway.com


 

NOTICE TO OWNER-STATE OF MISSOURI ONLY

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR LIEN WAIVERS FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

 

 

CRESCENT ELECTRIC SUPPLY COMPANY ("Crescent") TERMS AND CONDITIONS OF SALE through the website http://www.cesco.com

These terms and conditions apply to the purchase and sale of products through the website http://www.cesco.com (referred to as the "site"). By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site.

These terms and conditions are subject to change by Crescent Electric Supply Company (referred to as "us" or "we") without prior written notice at any time, in our sole discretion.

The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods or services through this site.

All sales are sold under Crescent Electric Supply Company Business Terms and Conditions of Sales as shown below. In addition to those terms, the following terms apply specifically for sales through the site.

a) Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

b) Payment Terms and Sales Taxes. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. All sales taxes displayed online are estimates only. The actual sales tax will be calculated based on the specifics of your purchase and displayed on the final invoice that will accompany the shipment.

As to any credit card used by you for any purchase, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

c) Changes in Products and Pricing. Prices do not include freight, handling fees or sales taxes. Prices are good only for sales within the United States of America. We are constantly updating and revising our offerings of products and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site.

All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

d) Shipping Policy. Final freight charges may differ from what is provided on the site. We reserve the right to determine the most expedient and efficient means of shipment. We cannot provide shipping charges for oversized items and items drop-shipped from manufacturers. Orders that include drop-shipped items may be charged separately for shipping and handling fees. Final freight charges will be provided on your invoice and are determined at time of shipment. No C.O.D. orders can be accepted.

Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. There may be occasional delays beyond the posted order processing time. If you do not advise us that you would like to cancel the order, we will keep the order active until the order is cancelled or delivery occurs. These shipping terms are accepted by you by placing an order with us.

e) Advertising Disclaimer and Trademarks. The description and images for products on the site are for illustration purposes only and, while believed to be accurate, were compiled from public available sources or the manufacturer. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. Photographs are courtesy of the respective manufacturers.

f) Disclaimer and Limitation of Liability. Our responsibility for defects relating to the products and/or services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL CRESCENT ELECTRIC SUPPLY COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF CRESCENT ELECTRIC SUPPLY COMPANY IS AUTHORIZED TO MODIFY THIS LIMITATION.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

g) Warranty and Return Policy. Most of the products and services available through our site are covered under the manufacturer's warranty. If applicable, manufacturer's warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.

While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer's specifications. In the event any return is approved by us, all returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged merchandise.

Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product. See the description of the particular product for warranty information as provided by the manufacturer.

These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site. For additional information on our Return Policy please click here: Return Policy

h) Safe Shopping Guarantee. Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50.00. This guarantee applies to purchases made using our secure server (https: protocol).

We cannot accept orders from outside the United States.

i) Privacy and Customer Information. We are committed to protecting your privacy. To make your shopping experience more convenient, we may gather information about you. If so, we will maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.

At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information. For additional information on our Privacy Policy please click here: Privacy Policy

i) Service and Support. All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us by e-mail at onlinesupport@cesco.com or by mail at:

Crescent Electric Supply Company,
P.O. Box 500,
East Dubuque, IL 61025-4420,
Attention: E-Business Customer Support.

We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

j) Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

k) Entire Agreement. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

l) Governing Law and Statute of Limitations. "This site (excluding linked site), and all activity conducted on this site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ, by accessing this site both of us agree that the statutes and laws of the State of Iowa, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Dubuque County, Iowa, and the United States District Court for the Northern District of Iowa with respect to such matters."

Any cause of action brought by you against us or our Affiliates must be instituted within 1 year after the cause of action arises or be deemed forever waived and barred.

We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

In addition to the above, the following Crescent Electric Supply Company Business Terms and Conditions of Sale shall apply.