Terms and Conditions
The Information We Collect
Mayer Electric, Inc. ("Mayer Electric") collects various types of
information from all of its customers including visitors to any websites owned
and managed by Mayer Electric (the “Site”). Mayer Electric's web server collects
general data pertaining to each Site visitor, including the IP address, the
domain name, the web page, the length of time spent and the pages accessed
while visiting this Site. This information is collected to, among other things,
aggregate information from online and offline sources, facilitate system administration,
improve the content of this Site, customize and improve the user experience
for Site visitors and customers, and improve customer service generally. Mayer
Electric also collects personally identifiable and transactional information
provided by companies and Site visitors that purchase products from the Site.
This information includes shipping information, credit cardholder name and
card number/expiration date. Mayer Electric may also retain the content of
the communications that are sent to Mayer Electric customer service representatives.
This information helps Mayer Electric to respond to inquiries regarding this
Site.
Use of the Information Collected
Mayer Electric uses the information that is collected from Site visitors and
customers to, among other things, better serve customers, improve the content
of this Site, and customize the shopping experience for Site visitors and customers.
Mayer Electric may also use the information collected to notify Site visitors
of changes to this Site, to notify Site visitors of new products, and for any
other legitimate and lawful business purpose of Mayer Electric. Mayer Electric
may choose to share information with third parties, such as suppliers, financial
institutions, and third party service providers, and with any successor to
Mayer Electric's interest. Mayer Electric may disclose information about any
Site visitor in response to subpoenas, investigative requests (with or without
subpoena) and other legal process, to exercise Mayer Electric's legal rights
and defend against legal claims.
Security
Mayer Electric Site security is a priority. Mayer Electric continually reviews
and updates the security methods implemented to protect information transmitted
via this Site, including measures to secure and protect all personally identifiable
information from loss, misuse, and alteration. Mayer Electric, however, cannot
guarantee that any electronic commerce is totally secure.
Cookies and Other Technology Information
A cookie is a small file stored on your computer by a web site to give you
a unique ID (each, a "Cookie"). Mayer Electric may use Cookies to
track new visitors to this Site and recognize past customers so that Mayer
Electric may present more personalized content. Cookies are used to assist
Mayer Electric in customizing Site information. Cookies used by this Site do
not contain any personally identifiable information. Mayer Electric cannot
identify a customer unless that information is provided voluntarily. IMPORTANT
NOTE: If you configure your computer to block or erase cookies you may not
be able to use this Site.
Unsubscribing from E-Mail Marketing
Each Site visitor can unsubscribe from receiving e mail s containing promotional
offers from Mayer Electric simply by selecting “no” within their online profile
at the “Mailing List?” setting.
Links
This Site may be linked to other sites that are not owned, maintained or operated
by Mayer Electric and not subject to the same Privacy and other Policies. Mayer
Electric is not responsible of the content of those sites or the use of any
information collected from you by those sites. The inclusion of any link to
such sites does not imply any recommendation or sponsorship of such sites and
Mayer Electric disclaims any liability for links: (i) from another website
to this Site, and (ii) to another website from this Site.
Policy Updates
Mayer Electric may update this policy from time to time. Please check the Site
periodically for updates. Policy updates shall be effective the date the change
is posted on the Site. Notice of any material changes in the manner in which
Mayer Electric handles personally identifiable information under this policy
will be provided on the Site.
Please review the Terms and Conditions. All access to and use of this Web
site is governed by these terms. Entering into this Web site indicates that
you have reviewed the Web site Terms and Conditions and have agreed to be bound
by these terms.
Disclaimer
All information provided on this Web site is subject to change without notice.
While efforts have been made to make this Web site helpful and accurate, due
to the open nature of this Web site, and the potential for errors in the storage
and transmission of digital information, Mayer Electric does not warrant the
accuracy of information obtained from this Web site. ALL MATERIALS POSTED ON
THIS SITE ARE "AS IS" AND WITHOUT WARRANTIES EXPRESS OR IMPLIED.
mayer ELECTRIC DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. mayer electric DOES NOT WARRANT THAT
FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. MAYER ELECTRIC DOES NOT WARRANT OR REPRESENT THE
USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
Access and Use of Information
Access to this Web site is limited to viewing the linked Web pages solely for
legitimate business purposes to access the information provided by Mayer Electric
at this Web site. Any access or attempt to access other areas of the Mayer
Electric's computer system or other information contained on the system for
any purposes is strictly prohibited. You may not use any information contained
on this Web site other than in connection with a legitimate business purpose.
Cross Reference Information
Product cross-reference comparisons do not imply that all products compared
are available, or in the case of functional equivalency, that performance and
other characteristics are perfectly comparable. For critical applications,
review specifications prior to purchase.
Trademarks
This Web site contains many Mayer Electric, Inc. and third-party trademarks
and service marks. All marks are the property of their respective companies.
All rights in the intellectual property contained in this Web site including
copyright, trademarks, trade secret and patent rights are reserved. Access
to this Web site does not constitute a right to copy or use any of the intellectual
property of Mayer Electric, Inc. or its suppliers. Statutory notice contained
herein represents trademark status in the United States .
Hypertext Links
This Site may be linked to other sites which are not maintained by Mayer Electric.
Mayer Electric is not responsible for the content of those sites. The inclusion
of any link to such sites does not imply endorsement, sponsorship, or recommendation
by Mayer Electric of the sites. Mayer Electric disclaims any liability for
links: (i) from another Web site to any site owned and/or managed by Mayer
Electric; and (ii) to another Website from any site owned and/or managed by
Mayer Electric.
Copyright
All materials contained on this Site are subject to the ownership rights of
Mayer Electric, Inc. and its Supplier Partners. Mayer Electric hereby authorizes
you to make a single copy of the content herein for your use in learning about,
evaluating, or acquiring Mayer Electric services or products. You agree that
any copy made must include any Mayer Electric copyright notice. No other permission
is granted to you to print, copy, reproduce, distribute, transmit, upload,
download, store, display in public, alter, or modify the content contained
on this Site.
Submissions
All remarks, suggestions, ideas, graphics or other information communicated
to Mayer Electric through this Site will forever be the property of Mayer Electric,
Inc. Unless otherwise specified in writing, all material submitted to Mayer
Electric will be presumed to be public and Mayer Electric will not be required
to treat the information as confidential. Mayer Electric, Inc. shall have exclusive
ownership of all present and future existing rights in the information, without
compensation to the person sending the information.
Terms and Conditions of Sale
1. All prices are F.O.B. shipping
point unless otherwise specified. The prices quoted herein are subject to (a) increase by the Company due to events or
circumstances beyond the reasonable control of the Company (including, without
limitation, inability to obtain any required equipment or supplies at prices and
on terms deemed by the Company to be practicable), and (b) addition for
federal, state or local taxes.
2. Claims for shortages, losses,
and apparent or concealed damages sustained in transit, shall be made by the
Purchaser with the carrier.
3. Shipping dates are approximate
and are dependant upon prompt receipt of all necessary information by the
Company. The Company shall not be liable for late delivery due to fire, strike,
civil or military authority, insurrection or riot, unavailability of material or
parts and for other causes beyond its
reasonable control and the Company
shall not be liable for incidental or consequential damages arising from late
delivery.
4. All equipment and supplies
shall be installed by and at the expense of the Purchaser unless otherwise
stipulated in writing. The Company may furnish, at its option, engineers to
supervise installation of the equipment. The expenses shall be born by the
Purchaser. Purchaser accepts responsibility for all loss occurring during the
erection of the equipment by events including, but not limited to, fire and
disaster.
5. The parties hereto acknowledge
and agree that the Purchaser will pay the entire purchase price according to the
Company terms of sale (10th PROX NET11). CHECKS BEARING A “PAYMENT IN FULL”
LEGEND MUST BE SENT TO THE COMPANY AT 3405 4TH AVENUE SOUTH, BIRMINGHAM,
AL 35222, ATTEN: ACCOUNTS
RECEIVABLE MANAGER. In the event the Purchaser defaults, the Company may charge
and collect a late charge of 1 1/2% per month of the past due balance. The
Company shall also be entitled to all costs of collection including court costs
and attorneys fees in the
event of the default by the
Purchaser.
6. No terms or conditions or
purchase orders and/or contracts different from the terms of the Company will
become a part of any sales agreement, purchase order, or other document(s)
unless specifically approved in a separate writing by the Company.
7. The Purchaser agrees to provide
the Company upon request a statement representing that the Purchaser is and
remains solvent.
8. The Company will extend to
Purchaser all transferable warranties made to the Company by the manufacturers
or suppliers of materials. THE COMPANY MAKES AND GIVES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, AND IT IS EXPRESSLY UNDERSTOOD THAT IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY
AND ALL GOODS, MATERIALS OR SERVICES FURNISHED BY THE COMPANY. This general
warranty policy supersedes any other warranties contained in plans or
specifications on which a quotation or proposal from the Company may be based
and cannot be expanded without the prior and specific written consent of the
Company.
9. The Company shall not under any
circumstances be liable for special or consequential damages, such as, but not
limited to, damages or loss of other property or equipment, loss of profits or
revenue, cost of capital, cost of purchased or replacement goods or claims of
customers of Purchaser for service interruptions. Any remedy of Purchaser shall
be with respect to any warranty extended by the Manufacturer. The remedy of the
Purchaser set forth herein is exclusive, and the liability of the Company with
respect to any contract, or anything done in connection therewith such as the
performance or breach thereof, or from the sale, delivery, resale, installation
or use of any goods sold, whether arising out of any contract, negligence,
strict tort, or under any warranty or otherwise, shall not exceed the price of
the goods upon which such liability is based.
10. It is expressly understood
that the title to property shall not pass to the Purchaser but shall remain
vested in and be the property of the Company, or its assigns, until the payment
of the purchase price and late charge, and the performance of all the conditions
and stipulations of the contract have been met. No agreement for any extension
of time or postponement of any payment shall be valid unless in writing signed
by an officer of the Company. It is expressly agreed that the property shall be
and remain strictly personal property and retain its character as such, no
matter in what manner it may be affixed or attached to any building or
structure.
11. For the purpose of enforcing
the Company’s rights, the Purchaser authorizes the Company to enter on the
premises, with or without notice, and remove the material, and hereby waives any
action, or rights of action, arising out of such entry and repossession.
12. If Purchaser is a Florida
entity, Purchaser waives any and all privileges and rights that it may have
under Chapter 47, Florida Statutes, relating to venue, as it now exists or may
hereafter be amended and further agrees that any action brought against this
account may be brought in the appropriate
court in Hillsborough County,
Florida.
13. When this document is
confirming the Purchaser's verbal acceptance, exceptions must be communicated to
the Company within 10 days or the Quote is accepted by the Purchaser.
14. The Company and Purchaser
agree that the location of the branch receiving any purchase order shall be a
proper place of venue.
15. If your application for
business credit is denied or other actions taken, you will have the right to a
written statement of the specific reasons for denial. To obtain this statement,
please contact the applicable Company credit location within 60 days from the
date you are notified of our decision. We will send you a written statement of
reasons for the denial within 30 days of receiving your request. NOTICE: The
federal Equal Credit Opportunity Act prohibits creditors from discriminating
against applicants on the basis of race, color, religion, national origin, sex,
marital status, age (provided the applicant has
the capacity to enter into a
binding contract); because all or part of the applicant's income derives from
any public assistance program; or because the applicant has in good faith
exercised any right under the Consumer Credit Protection Act. The federal agency
that administers compliance with this law
concerning this creditor is
Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
16. The Company and Purchaser
agree that the Company may assign all its right, title and interest in the
account created hereby including without limitation, its collection remedies;
and, Purchaser shall attorn to such assignee.
17. An order may be cancelled by
the Purchaser only if agreed to by the Company and upon payment of reasonable
charges based upon expenses already incurred and commitments made by the
Company.
18. Returned Goods Policy
All material to be returned should
be accompanied by documentation providing the Company with the invoice number
and date, product identification number, quantity of items to be returned and
the reason for the return.
Stock items: The Company will issue
credit for material returned that meets the following conditions:
i. Material being returned should
be within 60 days of invoice date.
ii. Material returned should be of
reasonable quantity.
iii. Material should be in
re-saleable condition as determined by a representative of the Company.
Material returned after 60 days
may be assessed a restocking charge. Material returned 120 days or more after
invoice date may be refused by the Company.
Non-stock items:
Returns are subject to returned goods policies and procedures of the Company’s
suppliers; provided, however, any return necessitated by defective shipment
shall be given credit by the Company to Purchaser. Returned Goods will only be
accepted by the Company trucks if the return has been previously authorized by
the issuance of a Return Material Authorization.
19. If the Purchaser is not a
corporation and subsequent to the making of the application incorporates his
business, with or without the knowledge of the Company, Purchaser agrees to be
jointly and severally liable to the Company for any indebtedness incurred by or
transferred to such corporation.
20. Purchaser agrees that all
funds owed to Purchaser from anyone or received by Purchaser to the extent those
funds result from the labor or materials supplied by the Company, shall be held
in trust for the benefit of the Company (“Trust Funds”). Customer agrees it has
no interest in Trust Funds held
by anyone and to promptly account
for and pay to the Company all Trust Funds.
21. No liability shall
result to the Company from delay in performance or nonperformance in whole or in
part if performance by the Company of any of its obligations under the Agreement
is delayed or prevented by an event or circumstance beyond its reasonable
control (including, without limitation, strike or labor stoppage, inability to
obtain required equipment or supplies at prices and on terms deemed by the
Company to be practicable, riot, fire, flood, wind, invasion, war, commotion, or
insurrection).
THIS AGREEMENT CONSTITUTES THE
ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT BE ALTERED EXCEPT IN WRITING
SIGNED BY AN OFFICER OF THE COMPANY AND THE PURCHASER AND SHALL BE CONSTRUED
ACCORDING TO THE LAWS OF THE STATE IN
WHICH THE COMPANY IS LOCATED.