Acceptance – Unless explicitly agreed upon in writing and signed by an authorized representative of Mega Electric Supply Inc., all orders received by Mega Electric Supply Inc. are governed by the following Terms and Conditions of Sale. Offers to purchase can only be accepted by an authorized representative of Mega Electric Supply Inc. and will not be effective or binding until they are approved in writing by Mega Electric Supply Inc. Any differing or additional Terms and Conditions proposed by the Buyer in their purchase order or otherwise are hereby rejected by Mega Electric Supply Inc. and will not be included in the Agreement. These Terms and Conditions apply to all purchase orders from the Buyer, regardless of any provisions in the Buyer’s purchase orders or other business documents. This text represents the entire Agreement, and any objections to different or additional terms are either formally noted or waived. These Terms and Conditions can only be modified through a written agreement signed by both the Buyer and an officer of Mega Electric Supply Inc. No changes to this Agreement will be recognized based on the acknowledgment or acceptance of confirming purchase orders, invoices, or other documents from the Buyer. These Terms and Conditions replace all previous Terms and Conditions and may change at any time without prior notice.
Acknowledgement –Mega Electric Supply Inc. will provide an order acknowledgment form once an order is accepted and authorized. This acknowledgment represents the complete agreement between Mega Electric Supply Inc. and the Buyer, replacing any prior agreements. In case of any discrepancies between the acknowledgment and the Buyer’s written order, the prices and delivery dates listed in the acknowledgment will take precedence. Please note that stock materials are subject to prior sale.
Quotation and Prices -Pricing information, budget proposals, quotations, and any similar documents provided by the Mega Electric Supply Inc. to the buyer do not constitute an offer to sell but rather an invitation to place an order. A transaction is not considered complete until the Mega Electric Supply Inc. has accepted the buyer’s purchase order, and the Mega Electric Supply Inc. retains the right to reject a purchase order, in whole or in part, for any reason. Unless explicitly stated otherwise in writing by the Mega Electric Supply Inc., prices may change without prior notice, and products will be billed at the prices that are in effect on the date of shipment. Clerical errors can be corrected, and products in stock are subject to availability at the time the order is accepted. Furthermore, the Mega Electric Supply Inc. reserves the right to adjust prices if quantities change or if market conditions necessitate such adjustments.
Payment. Payment for all amounts owed under this agreement is due on the invoice date unless otherwise specifically agreed upon in writing by the Mega Electric Supply Inc. However, Mega Electric Supply Inc. may, at its discretion, require full payment before delivering any products or providing services. The buyer shall be responsible for all costs associated with collecting any money owed, including but not limited to legal expenses, interest, attorney’s fees, and collection costs. In addition to any other rights and remedies, the Mega Electric Supply Inc. reserves the right to either: (a) withhold deliveries, shipments, or services, or (b) cancel the purchase order if Mega Electric Supply Inc. concerns about the buyer’s ability to pay for the order.
Terms of Payment – Credit card, Check, Wire Transfer, or other payment method approved by Mega Electric Supply Inc.
Taxes – The buyer is responsible for paying any taxes, duties, and similar charges imposed by government authorities related to this agreement. These charges are not included in the product or service prices and will be added to the amounts owed to Mega Electric Supply Inc. The buyer agrees to indemnify the Mega Electric Supply Inc. for any additional taxes or penalties from a taxing authority, as well as any legal expenses incurred by Mega Electric Supply Inc. due to incorrect tax information provided by the buyer.
Loss, Damage, or Delay–Mega Electric Supply Inc. shall not be obligated to perform under this Agreement, nor shall it be liable for any damages (including, but not limited to, consequential, special, or punitive damages or damages for lost profits) in connection with such nonperformance, when its ability to perform is impeded, restricted, or affected by any of the following:
Strikes, work stoppages, or other labor actions
Acts or omissions by a governmental authority or by the Buyer
Insurrection, riot, war, terrorism, or embargo
Railcar shortage, wreck, or delay in transportation
Inability to obtain necessary labor, materials, or manufacturing facilities from usual sources under usual terms
Breakdown in the manufacturing process or disruption in the supply chain
Acts of God and/or nature
Any other cause beyond the reasonable control of Mega Electric Supply Inc., whether similar or dissimilar to any of the aforementioned causes
In the event of a delay in performance due to any such cause, Mega Electric Supply Inc. may postpone its performance by such length of time as may be reasonably necessary.
Cancellation / Default Purchase Orders that have been accepted by the Mega Electric Supply Inc. cannot be cancelled by the buyer without prior written authorization from the Mega Electric Supply Inc.. The buyer agrees to indemnify the Mega Electric Supply Inc. against any loss arising from such cancellation and to reimburse the Mega Electric Supply Inc. for all expenditures incurred as a result of the cancellation.
Reschedule Shipping Date – The buyer is responsible for all freight re-consignment delivery fees if they cancel, reschedule, or refuse the shipment at the time of delivery.
Wire and Cable Tolerances–Unless Mega Electric Supply Inc. provides a different written agreement, wire and cable items may have standard manufacturing tolerances of up to +/- 10%. The quantities within these tolerances will be shipped and invoiced accordingly. The buyer’s acceptance of the wire and cable products sold by the Mega Electric Supply Inc. will be considered as agreement to these tolerance quantities.
Limitation of Warranty. The Mega Electric Supply Inc. represents and guarantees that it will hold the title and the right to sell the products being delivered to the buyer on the date of transfer. Any warranty provided by the manufacturer or vendor of the products will be the sole responsibility of the manufacturer or vendor, not the Mega Electric Supply Inc.. Upon the transfer of title to the buyer, the Mega Electric Supply Inc. assigns all applicable express or implied warranties from the manufacturer or vendor, if assignable, to the buyer. The Mega Electric Supply Inc. also authorizes the buyer to directly pursue or resolve any claims under these warranties with the manufacturer or vendor.
Disclaimer: Except for the warranties of title mentioned above, the Seller provides no warranty regarding any products sold or services rendered, makes no representations, offers no indemnities (whether related to intellectual property or otherwise), and, to the extent allowed by law, disclaims all other conditions or warranties of any kind, whether express or implied, statutory or otherwise. This includes, but is not limited to, any warranties regarding merchantability, fitness for a particular purpose, non-infringement, or those arising from trade usage, course of dealing, or performance. Any documentation, recommendations, or assistance provided by the Seller concerning the products, including their use, design, application, or operation, is intended solely for the Customer and should not be interpreted as representations, conditions, or warranties of any kind, either express or implied. The Customer accepts this information at their own risk and without any obligation or liability to the Seller. The Seller will not be held liable for information or documentation provided by the Customer or any other secondary sources and is not responsible for the performance of the Customer or any third party under this agreement. It is the Customer’s sole responsibility to assess the suitability and quantity of the products or services to be provided by the Seller. The Customer’s exclusive remedy against the Seller for any warranty breach shall be limited to the repair or replacement of the specific product or re-performance of the service in question, or the return of the purchase price. The Seller assumes no liability for any dismantling, removal, installation, re-installation, labor costs, or any consequential damages related to these matters.
Indemnification and Hold Harmless – Buyer assumes responsibility and liability for any claim or action based on or arising out of injuries, including death, to persons or damages to or destruction of property, sustained or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance of this Agreement by Buyer, its agents and employees, and its subcontractors, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence by Mega Electric Supply Inc., Mega Electric Supply Inc.’s representatives, or the employees, agents, invitees, or licensees thereof. Buyer further agrees to indemnify and hold harmless Mega Electric Supply Inc. and its representatives, and the employees, agents, invitees, and licensees thereof in respect of any such matters and agrees to defend any claim, suit or action brought against Mega Electric Supply Inc., Mega Electric Supply Inc.’s representatives, and employees, agents, invitees, and licensees thereof, regardless of whether such claims or actions are founded in whole or in part upon the alleged negligence of Mega Electric Supply Inc., Mega Electric Supply Inc.’s representatives, or the employees, agents, invitees, or licensees thereof. IT IS THE EXPRESS INTENT OF THE PARTIES THAT Mega Electric Supply Inc. MAY BE INDEMNIFIED FOR CHARGES ARISING FROM ITS OWN NEGLIGENCE, HOWEVER ALLEGED, WHETHER CONCURRENT, CONTRIBUTORY OR SOLE.
Severability If any provision of this Agreement, or any part thereof, is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or diminished. This Agreement will be interpreted in a manner that closely aligns with the original intent of the parties. If any provision in this Agreement is deemed too broad to be enforceable, it will be interpreted as only being as broad as necessary to make it enforceable.
Reels – Whenever feasible, non-returnable wooden or plastic reels are utilized and are typically included in the wire’s sales price. These reels can be returned to Mega Electric Supply Inc. for recycling. For more information, please reach out to Mega Electric Supply Inc.
Title and Risk of Loss – Ownership of the product and the risk of loss will transfer from Mega Electric Supply Inc. to the buyer once the product is loaded onto the carrier’s equipment or buyers’ equipment at the shipping location of Mega Electric Supply Inc.
Returns Written permission must be obtained from Mega Electric Supply Inc. before returning any product, in the form of an approved Returned Material Authorization (RMA) number. A 30% restocking fee, along with freight charges, will apply to authorized returns of standard stock items that are in saleable condition. Returns will not be accepted after 30 days from the shipment date. NON-STOCK, SPECIAL MADE-TO-ORDER PRODUCTS AND ALL CUT CABLES, as specified in the order acknowledgment, are not eligible for return by the Buyer under any circumstances.
