Eaton's Wright Line Business (Seller) warranis to the original purchaser
(“Buyer’) that its preducis are irae from defects in matarials and workmanship
for tha following warranty period applicable to the product {the “Applicable
Warranty Period}:
A. Lifetime Warranty for Eaton's Wright Line Business manufactured
products: Tha Applicable Warranty Period for a product manufactured
and sold by Selter under the Eaton's Wright Line Business brand name
shall be the period of time that the original purchaser owns the product.
B. Limited Term Warranty fer All Other Products or Components: The
Applicable Warranty Period for all other products, or components
purchased by Eaton's Wright Line Business and integrated into Eaton's
Wright Line Business manulactured products, sald by Sailer, shall be the
warranty as outlined in the orginal manulacturer's warranty.
This warranty does not cover any damage io customer equipment that is
taused by an AC power disturbance or ary other causes unrelated to tha
quality and/or functionality of Seller's products, No claims under this warranty
will be valid unless Buyer notifies Seller in writing within a reasonable time of
its discovery of the defect, but in any avent pror to the expiration of the
Applicable Warranty Period for such product. This warranty dogs not cover
oninary maintenance, wears and tear within the normal consumabie life of a
preduct, abuse, improper use, alterations, repairs and installations which have
not baen parfermed by an authorized Sallar's representative, and products
which have not been maintained or operated in accordance with Seller's
written instructions,
The foregoing warrenty Is exciuzive and Is in lieu of ali other express and
implied warranties whatsoever, Including but not limited to implied
warranties of marchantability and fitness for a particular purpose.
Selter will repair or replace, at its option, any products (or parts thereof} which
are covered by this warranty and which are found to be detective. Seller may
provide a substitute product of equal or higher value to resolve a warranty
claim, No such repair, substitution or replacement will extand tha Applicable
Warranty Period. Whan a warranty claim arises, Buyer musi contact Seiler to
arrange retum shipment to Sellar, with freight prapaid by Buyer. The risk of
lass or damage to any products returned to Sailer wii be with Buyer.
The remedy of repair or replacement provided for herein Is buyer's
exclusive remedy in the event of breach of this warranty. In addition,
seller shall not be liable for any incidental, consequential or special
damages or for any loss, damage or expense arising irom the gale, use
or installation of the products or from any other cause whatsoever,
whether based on warranty (expressed or implied} or otherwise based on
contract, or on tort, or regardless of any advice or representations that
may have been rendered by selier or its agents or representatives
concerning the sale, use or installation of the producta.
This warranty will be effective for products sold alter January 1, 2006.
E:TeN
Powering Business Worldwide
TERMS AND CONDITIONS OF SALE
1. PRIMACY OF SELLES’S TERMS AND CONDITIONS. Any order received and accepted
by Eaton's Wright Line Business ("Saller’} shall be construed as an acceptance of Seller's
oiler to sell its goods in accordance with tha terms and condit ons of sala sat forth here'n. This
document contains all of the terms and conditions of the agreement between Sellar and Guyer
of the goods sold, to the exclusion of any terms and conditions incorporated in Buyor's order
or other documenta of Buyer. Saller's acceptance of Buyer's order is expressly conditioned on
Buyer's acceptance of the terms and conditions contained herain. Buyer, upon placing an
order, is presumed to have accepted all of the tems and conditions without modification. No
alteration, waiver, modification of or additian to the terns or conditions shall be binding on
Seller untess specifically agreed to ‘n writing by a persan authorized by Seller ta accept such
different or inconsistent terms or conditions.
2. WAIVER, No waiver, whether express or implied, by Salter of any of the tenns ar conditions
hereof shai! be deemed a continuing waiver or trade custom between the parties, bul shall
apply solaly to tha instance to which the waiver ig directed.
3, ACCEPTANCE BY SELLER. All orders received by Sellar are subject te revision and
possible rejection by Seller alter its receipt of the same at its home office, notwithstanding tha
fact that the same may hava been signed by Seller's field personnal.
4. PRICE. Unless otherwise agreed io by Seller: (a) all prices, quotations, shipments and
deliveries by Seller are FOB Shipping Point, Fraight Coiect; (6) ail prieas, including related
extras and deductions, are subject to change without notice and the prea to ba paid by Buyer
will ba in accordance with Saller's price in effect on the day of Saller’s acceptanca: {c) prices
do not include Seller's freight/handiing charges; {d} pricas do not include any sales, use,
excise, value-added er ether tax, all of which present or future tax obligations are the
responsibiity of, and must be paid by, the Buyar; (e) orders with requested delivery dates
greater than one hundred aighty (180) days from the sales order date may be subject to prica
surcharges based on commodity pricing at the time of manufacturing and shipment.
5. DELIVERY, TITLE AND RISK OF LOSS, Unless otherwise specified, Seller's obligation is
to doliver the goods to a carer at the shipping point. Sellar reserves tha night to produce and
ship all or any part of the goods specified in any ordar from any of ts plants or facilities or
those of its suppliers. Sellar will use all reasonable elforts to comply with Buyer's requests as
to method af transportation, but Seilar reserves the right to use an allemate method of
transportation whether or not at a highar cost to Buyer, if the mathod specified by Buyer is
deemed by Sellar to be unavailable or otherwise unsatisfactory. Tite and risk of lass passes
to the Buyer at the moment of Seller's dafivery of the goods to the carrier. Although Seler may
assist Buyer in connection with pursuing any claim for damages, Sailer shal' not thereby
@ssumeé any obligations for such damage or continue io assist Buyer in the presentation of ts
claim to any carrier.
§. CLAIMS. Buyer must inspect or test al! goods upon actual receipt. Suyer waives any right
to assent any claim against Seller arising from any defects, damages or shortages which
would hava been observable upon reasonable inspection or testing at the time of delivery,
unless Sallar is advised of such delacts, damages or shoriages within thirty (30) days atter
receipt of the defective goods by Buyer, a period which the parties agree is raasonable for this
purpose, All other claims under the Selter’s warranty must be made within thirty (30} days of
tha discovary of the defact. Buyer must obtain shipping instructions trom Seller prior to
retuming the goods to Seller for repair or replacement. Unless othenvise agreed, returned
goods must be shipped freight prepaid or thay will not be accepted by Sailer.
7, PAYMENT, All payments are due net thirty {30} days in full from date of Invoice. Payment
to Sellar shail not be contingent on third party payments to Buyer. 1 complete payment is not
made when due, Seller raserves the right to rafuse te provide further product or service until
such payment has been received, and the unpaid balance shalt bear interest al the rate of
144% per month until paid.
wright: line
An Eaton Brand
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