ALL SALES ARE FINAL and expressly conditioned on Buyer’s agreement to Seller’s terms and conditions of sale, as set forth on Seller’s website: www.dominionelectric.com, “TERMS AND CONDITIONS OF SALE”.
RETURN POLICY: Returns are subject to approval and are subject to a restocking charge. All returns must be accompanied by the invoice. STOCK RETURNS – Must be salable and in original cartons with all packing in new condition. SPECIAL ORDERS – Returns and cancellations are subject to factory approval and terms, e.g. 30% minimum restocking charge, freight, handling fees. DEFECTIVE MATERIAL – Will be accepted for credit, refund, or replacement.
The Seller gives NO WARRANTY, representation or condition of ANY KIND, EXPRESS OR IMPLIED, (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) and none shall be implied by law EXCEPT THAT THE GOODS ARE AS DESCRIBED IN THIS AGREEMENT. Final determination of the suitability of the goods for use contemplated by the Buyer is the sole responsibility of Buyer and Seller shall have no responsibility in connection with such suitability. No person has any authority to make or claim any representation, term, promise or condition, express or implied, statutory or otherwise which is not expressed herein.
All goods and prices for goods shipped by Dominion or by direct shipment from Dominion’s supplier or manufacturer are shipped FOB, place of shipment, unless otherwise stated in writing. Purchaser agrees to assume all risk of loss and carry the necessary insurance for FOB, place of shipment.
Buyer shall examine the goods upon receipt and make a claim for any damage, shortage or nonconformity upon delivery of the goods, in writing by certified mail to the attention of Credit Department. Without limiting the foregoing, any claims made after 10 days from the delivery date shall not be honored.
Seller’s liability for any defect, delay or nonconformity in the order or any of the goods referenced therein, shall be limited to repair or replacement of the goods by the Manufacturer, if such remedy is available from the Manufacturer; Seller shall not be liable for lost or prospective profits or special, indirect, incidental damages or consequential damages in any amount from the condition, operation, delivery or use of any of the goods sold. In any event, the Seller’s maximum liability for proven defective goods shall consist of refunding the amount paid for the goods. Buyer assumes all risk and liability for loss, damage or injury to persons or property of the Buyer or of others arising out of use or possession of any goods sold hereunder.