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Website Terms and Conditions

1. WEBSITE USE

These Terms and Conditions govern your use of this website.  By using this website, you accept, and agree to be bound by, these Terms and Conditions and all applicable laws and regulations. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you are prohibited from using this website.

You must be at least eighteen (18) years of age to use this website.  By using this website and agreeing to these Terms and Conditions, you warrant and represent that you are at least eighteen (18) years of age.

This website uses cookies.  By using this website and agreeing to these Terms and Conditions, you consent to State Electric Supply Co.’s use of cookies in accordance with the terms of State Electric Supply Co.’s privacy and/or cookies policy. 

2. LICENSE TO USE WEBSITE

The materials contained on this website are protected by applicable copyright and trademark law.

Unless otherwise stated, State Electric Supply Co. and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal, non-commercial use, subject to the restrictions set forth in these Terms and Conditions. 

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website (including the modification or removal of any copyright or other proprietary notations); or
• redistribute material from this website.

This license shall automatically terminate if you violate any of the restrictions set forth in these Terms and Conditions.  State Electric Supply Co. may terminate this license, in its sole and absolute discretion, at any time. Upon termination of this license, you must destroy any materials downloaded from the website in your possession, whether in electronic or printed format.

3. ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on, or in relation to, this website without State Electric Supply Co.’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without State Electric Supply Co.’s express written consent.

4. RESTRICTED ACCESS AND AUTHORIZED USERS

Access to certain areas of this website is restricted.  State Electric Supply Co. reserves the right to restrict access to other areas of this website, or to this entire website, in State Electric Supply Co.’s sole and absolute discretion.

If State Electric Supply Co. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  You are responsible for maintaining the confidentiality of your user ID and password and for all use of your user ID and password, whether or not such use is authorized by you.  You must immediately notify State Electric Supply Co. of the unauthorized use of your user ID and password.

State Electric Supply Co. may disable your user ID and password in State Electric Supply Co.’s sole and absolute discretion, without notice or explanation.

5. DISCLAIMER

This website is provided “as is” without any representations or warranties, express or implied.   State Electric Supply Co. makes no representations or warranties in relation to this website or the information and materials provided on this website.    

Without prejudice to the generality of the foregoing paragraph, State Electric Supply Co. does not warrant that:

• this website will be constantly available, or available at all;
• this website will operate free of errors, defects, viruses or other harmful components;
• errors, defects or omissions on this website will be corrected; or
• the information on this website is complete, true, accurate or non-misleading.

Further, State Electric Supply Co. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any sites linked to this website.

6. LIMITATIONS OF LIABILITY

State Electric Supply Co. will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any indirect, special or consequential loss; or
• for 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.

These limitations of liability apply even if State Electric Supply Co. has been expressly advised of the potential loss.  Nothing in these Terms and Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

By using this website, you agree that the exclusions and limitations of liability set forth in these Terms and Conditions are reasonable.  If you do not think they are reasonable, you are prohibited from using this website.

You accept that State Electric Supply Co. has an interest in limiting the personal liability of its officers, employees, agents, subsidiaries, successors, assigns, subcontractors and suppliers.  You agree that you will not bring any claim personally against State Electric Supply Co.’s officers, employees, agents, subsidiaries, successors, assigns, subcontractors or suppliers in respect of any losses you suffer in connection with your use of the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set forth in these Terms and Conditions will extend to, and protect, State Electric Supply Co.’s officers, employees, agents, subsidiaries, successors, assigns, subcontractors and suppliers, as well as State Electric Supply Co.

7. LINKS TO THIRD PARTY WEBSITES

This website may contain links to third party websites. These links are provided by State Electric Supply Co. as a convenience, and State Electric Supply Co. does not endorse, or approve of, the content of such websites. State Electric Supply Co. assumes no responsibility for the accuracy or completeness of such websites’ content.  Use of any linked, third party website is at your own risk.

8. CROSS-REFERENCE INFORMATION

Product cross-reference comparisons or product alternatives presented on this website do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications to determine suitability of the product for your intended use.

9. INDEMNITY

You agree to indemnify State Electric Supply Co. and undertake to keep State Electric Supply Co. indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by State Electric Supply Co., in its sole and absolute discretion, to a third party in settlement of a claim or dispute) incurred or suffered by State Electric Supply Co. arising out of any breach by you, or any claim that you have breached, any provision of these Terms and Conditions.

10. BREACH

Without prejudice to State Electric Supply Co.’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, State Electric Supply Co. may take such action as it deems appropriate to deal with the breach, including, but not limited to, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or instituting legal proceedings against you.

11. SITE TERMS AND MODIFICATION

State Electric Supply Co. may revise these Terms and Conditions at any time without notice. Revised Terms and Conditions will apply to the use of this website from the date of their publication on this website.  By using this website, you accept, and agree to be bound by, the then current version of these Terms and Conditions.

12. ASSIGNMENT

State Electric Supply Co. may assign or transfer its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not assign or transfer your rights and/or obligations under these Terms and Conditions. 

13. SEVERABILITY

If any provision of these Terms and Conditions is determined by any legal or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. ENTIRE AGREEMENT

These Terms and Conditions contain the entire agreement and understanding between you and State Electric Supply Co. in relation to your use of this website, and no representations, promises, agreements or understandings, written or oral, not contained herein shall be of any force or effect.

15. CHOICE OF LAW

These Terms and Conditions will be governed by and construed in accordance with the law of the State of West Virginia, which law shall apply with respect to resolution of any and all disputes arising from, or related to, these Terms and Conditions.

16. ARBITRATION

You agree that any dispute between yourself and State Electric Supply Co. arising out of, or relating to, these Terms and Conditions, shall be resolved by binding arbitration in Huntington, Cabell County, West Virginia.  The arbitration shall be conducted by three (3) neutral arbitrators.  One (1) arbitrator will be selected by State Electric Supply Co., and one (1) arbitrator will be selected by you.  The remaining arbitrator will be selected by the two (2) arbitrators selected by you and State Electric Supply Co.  The arbitration will be conducted under the auspices of, and in accordance with, the rules of the American Arbitration Association then in effect.  Each party to the arbitration will bear its own costs, legal or otherwise, and the parties to the arbitration shall each bear an equal share of the arbitrators’ costs.  The decision of the arbitrators shall be final and binding on the parties thereto, and judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction. 

For questions or support regarding these Terms and Conditions, you may call or write to State Electric Supply Co.’s Advanced Customer-Service Team at (681) 203-2090 or at P.O. Box 5397, Huntington, West Virginia 25703.

Sale Terms and Conditions

1. GOVERNING TERMS

These Terms and Conditions shall apply to all online and telephonic sales of merchandise by State Electric Supply Co.  Any different or additional terms and conditions you propose in an online, written or telephonic purchase order are expressly REJECTED by State Electric Supply Co., unless specifically agreed to in writing by an officer of State Electric Supply Co.

2. PRICE

You agree to purchase the merchandise sold at the prices in effect on the date of purchase.  Prices are F.O.B. shipping point, unless otherwise specified. Prices do not include any applicable federal, state or local taxes, which shall be paid by you.  Prices are subject to change without notice.

3. ACCEPTANCE OF ORDER/TERMINATION

Acceptance of any purchase order is subject to approval by State Electric Supply Co. If you fail to comply with these Terms and Conditions, in whole or in part, or if your credit becomes unacceptable to State Electric Supply Co., you agree that State Electric Supply Co. may terminate your purchase order without liability.

4. PAYMENT

You agree to pay for your online purchase order using a valid, legally authorized credit card.  If you have established a commercial account with State Electric Supply Co., you may pay for your online purchase order by charging the purchase order’s total purchase price, including shipping and handling charges and sales tax, to your commercial account; the purchase order’s total purchase price, including shipping and handling charges and sales tax, is due thirty (30) days from the date you receive an invoice from State Electric Supply Co.

You may also contact State Electric Supply Co.’s Advanced Customer-Service Team at (681) 203-2090 to place a purchase order by telephone.  State Electric Supply Co. will charge the total purchase price of the purchase order, including shipping and handling charges and sales tax, to your credit card or commercial account.  If the total purchase price of the telephonic purchase order is charged to your commercial account, the purchase order’s total purchase price, including shipping and handling charges and sales tax, is due thirty (30) days from the date you receive an invoice from State Electric Supply Co. 

5. SALES TAX

State Electric Supply Co. charges sales tax on all purchase orders where required by law.

6. DEFAULT

In the event you have charged the total purchase price of your purchase order, including shipping and handling charges and sales tax, to your commercial account and have failed to remit payment of the purchase order’s total purchase price to State Electric Supply Co. within thirty (30) days of your receipt of an invoice, State Electric Supply Co. may charge you a monthly late fee equal to one and one-half percent (1.5%) of the purchase order’s outstanding balance or the maximum allowed by state law, whichever is less. No extension or postponement of the time of payment with respect to a purchase order shall be valid unless in writing signed by an officer of State Electric Supply Co.

State Electric Supply Co. shall be entitled to all costs of collection in the event of any payment default by you with respect to a purchase order, including court costs and attorneys’ fees.

State Electric Supply Co. reserves the right to refuse to ship any additional merchandise, or accept any new purchase orders from you, until all past due balances, and any applicable late charges, are paid in full.

7. SECURITY INTEREST

You grant State Electric Supply Co. a security interest in any merchandise sold until such time as you remit the merchandise’s total purchase price, including any shipping and handling charges, sales tax and late fees, to State Electric Supply Co.

8. SHIPPING

All sales are F.O.B. shipping point. Title to merchandise purchased passes to you from State Electric Supply Co. upon State Electric Supply Co.’s tender of the merchandise to the carrier. Shipping dates are approximate and depend upon State Electric Supply Co.’s prompt receipt of all necessary shipping information from you.

9. DAMAGES OR SHORTAGES IN TRANSIT

For all deliveries made by a carrier other than State Electric Supply Co., you must make any claims for merchandise shortages, losses, or damages sustained during transit directly with the carrier, and State Electric Supply Co. is not liable for any such shortages, losses or damages.

For all deliveries made by State Electric Supply Co., you must make any claims for merchandise shortages, losses, or damages sustained during transit to State Electric Supply Co. within fifteen (15) days of the merchandise’s receipt.

10. RIGHT OF INSPECTION

Before accepting any merchandise purchased, you shall have the right to inspect the merchandise at the time and place of delivery.

If you take possession of the merchandise purchased without inspection, this shall constitute a waiver of the right to inspect.

If, upon inspection, you find any defects with the merchandise purchased, you must notify State Electric Supply Co. within fifteen (15) days of the date of delivery. If you fail to notify State Electric Supply Co. of said defects within the appropriate time period, you shall be deemed to have accepted the merchandise purchased.

11. TIME OF DELIVERY AND FORCE MAJEURE

Shipping dates are approximate.  State Electric Supply Co. shall not be responsible, or liable, for any delay directly or indirectly resulting from or contributed to by:  (i) any foreign or domestic embargo, seizure, act of God, insurrection, war and/or continuance of war; (ii) the adoption or enactment of any law, ordinance, regulation, ruling, or order directly or indirectly interfering with or rendering more burdensome production or delivery; (iii) the unavailability of the usual means of transportation; (iv) fire, flood, explosion, strike or other accident or contingency beyond State Electric Supply Co.’s control; or (v) any of the foregoing conditions or events affecting State Electric Supply Co.’s suppliers or sources of transportation. In the event that one (1) or more shipments is suspended or delayed by reason of any one (1) or more of the above occurrences or events, any and all shipments suspended or delayed shall be made after such occurrences or events have ceased to exist. Nothing contained herein shall be construed as decreasing the quantity of merchandise purchased, but shall only serve to delay shipment of said merchandise in any of the above-mentioned occurrences or events.

12. CANCELLATION OF ORDER

You may cancel a purchase order with State Electric Supply Co.’s written consent. In the event of such an agreed-upon cancellation, you must remit, to State Electric Supply Co., all expenses that it has incurred or for commitments it has made, to the date of cancellation, in connection with your purchase order.

13. RETURNS

You may not return any merchandise purchased without State Electric Supply Co.’s approval.  A packing slip or invoice number must accompany all returned merchandise. Returned merchandise is subject to restocking charges.

You may not return any special-order merchandise.

14. DISCLAIMER OF WARRANTIES

All transferable warranties made to State Electric Supply Co. by the manufacturers and/or suppliers of the merchandise you purchase will be assigned to you. STATE ELECTRIC SUPPLY CO. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE YOU PURCHASE, AND YOU EXPRESSLY UNDERSTAND THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY AND ALL MERCHANDISE FURNISHED TO YOU BY STATE ELECTRIC SUPPLY CO., EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

The warranties set forth in this Section 14 supersede any warranties contained in any plans or specifications on which a quotation or proposal from State Electric Supply Co. may be based.

The warranties set forth in this Section 14 cannot be expanded without the prior written consent of State Electric Supply Co.

15. REMEDY

State Electric Supply Co. will not be liable to you (whether under the law of contract, the law of torts or otherwise) for any special, indirect, incidental, consequential or punitive damages you allege arise from the merchandise you purchased from State Electric Supply Co., including, but not limited to, damages to, or loss of, property or equipment, loss of profits or revenue, cost of capital, cost of replacement merchandise or claims by you, or your customers, of service interruptions. Your sole and exclusive remedy with respect to any said damages shall be limited to any warranty extended to you by the manufacturer and/or supplier of the merchandise.

Without prejudice to the foregoing paragraph, State Electric Supply Co.’s liability with respect to any merchandise sold to you shall not exceed the merchandise’s total purchase price, excluding shipping and handling charges and sales tax.

16. AUTHORITY

State Electric Supply Co. is not bound by any affirmation, representation, promise or warranty concerning merchandise sold made to you by one (1) of its agents, employees or representatives. No affirmation, representation, promise or warranty concerning merchandise sold made to you by an agent, employee or representative of State Electric Supply Co. is included within these Terms and Conditions, and no such affirmation, representation, promise or warranty is enforceable by you.

17. JOB SPECIFICATIONS

You are solely responsible for ensuring that the merchandise ordered, and the quantities of merchandise ordered, comply with job specifications and/or bid requirements. State Electric Supply Co. is not responsible for meeting job specification or bid requirements. State Electric Supply Co.’s responsibility is limited to sales of merchandise to you in the types and quantities ordered by you.

18. RETAINAGE

You agree and understand that State Electric Supply Co. is acting solely as a materialman providing merchandise to you and is not acting as a contractor. You agree not to withhold any amounts due to State Electric Supply Co. under these Terms and Condition as retainage or otherwise.

19. ASSIGNMENT

State Electric Supply Co. may assign or transfer its right, title and interest in your purchase order, including, but not limited to, its collection remedies, without notifying you or obtaining your consent.  In the event of assignment or transfer by State Electric Supply Co., you shall honor these Terms and Conditions as if assignee were State Electric Supply Co.

You may not assign or transfer your rights and/or obligations under these Terms and Conditions.

20. SEVERABILITY

If any provision of these Terms and Conditions is determined by any legal or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. ENTIRE AGREEMENT

These Terms and Conditions contain the entire agreement and understanding between you and State Electric Supply Co. in relation to your purchase of merchandise, and no representations, promises, agreements or understandings, written or oral, not contained herein shall be of any force or effect.

22. CHOICE OF LAW

These Terms and Conditions will be governed by and construed in accordance with the law of the State of West Virginia, which law shall apply with respect to resolution of any and all disputes arising from, or related to, these Terms and Conditions.

23. ARBITRATION

You agree that any dispute between yourself and State Electric Supply Co. arising out of, or relating to, these Terms and Conditions, shall be resolved by binding arbitration in Huntington, Cabell County, West Virginia.  The arbitration shall be conducted by three (3) neutral arbitrators.  One (1) arbitrator will be selected by State Electric Supply Co., and one (1) arbitrator will be selected by you.  The remaining arbitrator will be selected by the two (2) arbitrators selected by you and State Electric Supply Co.  The arbitration will be conducted under the auspices of, and in accordance with, the rules of the American Arbitration Association then in effect.  Each party to the arbitration will bear its own costs, legal or otherwise, and the parties to the arbitration shall each bear an equal share of the arbitrators’ costs.  The decision of the arbitrators shall be final and binding on the parties thereto, and judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction. 

24. DEFINITIONS

Whenever a term defined by the Uniform Commercial Code is used in these Terms and Conditions, the definition contained in the Uniform Commercial Code shall control.

25. MODIFICATION

State Electric Supply Co. may revise these Terms and Conditions at any time without notice. Revised Terms and Conditions will apply to the use of this website from the date of their publication on this website.  By using this website, you accept, and agree to be bound by, the then current version of these Terms and Conditions.

For questions, support, telephonic order placement or returns, you may call or write to State Electric Supply Co.’s Advanced Customer-Service Team at (681) 203-2090 or at P.O. Box 5397, Huntington, West Virginia 25703.