General Terms and Conditions of Sale
PARTIES – “Distributor” shall mean Buckles-Smith Electric Co. (and its subsidiaries and affiliates). “Buyer” shall mean the entity or person submitting the purchase order to Buckles-Smith Electric Co.
ACCEPTANCE – Buyer acknowledges and agrees that these General Terms and Conditions of Sale (“Agreement”) shall apply to all sales of products and/or services by the Distributor. If Buyer accepts the products and/or services which are subject to this Agreement, Buyer shall be deemed to have accepted the Agreement including these General Terms and Conditions in their entirety without modification. Any additional or different terms or conditions set forth in Buyer’s purchase order or other documentation not provided by Distributor will not be binding upon Distributor unless specifically agreed to in writing by an authorized representative of Distributor.
QUOTATION – Written quotations are valid for thirty (30) days from the date of the quotation unless otherwise noted on the quotation. Distributor shall have the right to withdraw any quote which has not been accepted by Buyer. Quotations for “volatile” commodity products, such as copper building wire, are valid for 24 hours from quote date.
DELIVERY – Shipping dates furnished by Distributor are approximate and shall not be deemed to be fixed or guaranteed. Shipment of product will be made F.O.B. (a) Distributor’s facility, (b) Distributor’s supplier’s facility when products are shipped directly from the manufacturer, or (c) as otherwise indicated per Distributor’s quotation or order acknowledgment. All claims for shortages, damages, and shipment errors made by deliveries on Distributor’s trucks must be reported to Distributor within 5 business days of shipment. Claims for shortages, damages, or non-delivery made by common carriers must be made to the carrier by the Buyer.
PRICES AND TAXES – Buyer agrees to pay the prices quoted by Distributor, and is responsible for additional applicable shipping and handling charges, and taxes. Distributor shall collect applicable taxes unless Buyer submits a valid tax exemption certificate, and indicates which goods are “tax-exempt”.
PAYMENT – Payment terms are Net 30 days from the invoice date or upon terms approved by Distributor in writing. Late payments are subject to a service charge equal to 1.5% per month (Max. 18% per annum) or the maximum amount permitted by law, if less, until paid. Distributor reserves the right at any time to suspend credit, change credit terms, or terminate the Agreement or any purchase order, when, in Distributor’s sole opinion, Buyer’s financial condition so warrants.
CREDIT CARDS – Credit Cards will be accepted at the time of order from the Buyer. Credit cards are not eligible for any payment discounts or special terms. A customer who chooses to pay for an order more than 3 (three) days after invoicing, is subject to the credit card fee of 2.5% of the total purchase price.
WARRANTIES – Distributor warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to Distributor by the manufacturer of the goods. DISTRIBUTOR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR PURPOSE AND MERCHANTABILITY.
LIMITATION OF LIABILITY – Buyer’s remedies under this agreement are subject to limitations contained in manufacturer's terms and conditions to Distributor, a copy of which will be furnished upon written request. Furthermore, Distributor’s liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at Distributor’s option, and IN NO CASE SHALL DISTRIBUTOR BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
RETURN OF PRODUCT – All returns will be pursuant to Distributors instructions. Buyer must contact Distributor for a Return Material Authorization (RMA) prior to returning any product. All returns must reference the RMA number along with the original invoice number and the reason for return. Non-warranty returns of normal stock products will be subject to Distributors return policies in effect at the time, including applicable restocking and transportation charges and other conditions of return. Products must be in their original cartons, unopened, unused, and in resalable condition.
FORCE MAJEURE – Distributor shall not be liable for any loss or damage as a result of any delay in shipment, delivery, or installation due to any cause beyond Distributor’s reasonable control, including without limitation, acts of nature, embargo, or other governmental act or authority, regulation or request, transportation delays, insolvency or other inability to perform by Distributor’s Vendor, or any other commercial impracticality. In the event of such delay, the date of performance shall be extended for a period equal to the time lost by reason of delay, plus a reasonable time for resuming performance.
GOVERNING LAW – This Agreement is governed by the law of the State of California, which law shall apply with respect to the resolution of any and all disputes arising from or related to the terms of the Agreement or the subject matter to which it pertains.
Buckles-Smith Electric is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Buckles-Smith Electric website and governs data collection and usage. By using the Buckles-Smith Electric website, you consent to the data practices described in this statement.
Collection of your Personal Information
Buckles-Smith Electric collects personally identifiable information, such as your e-mail address, name, home or work address, or telephone number. Buckles-Smith Electric also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests, and favorites.
There is also information about your computer hardware and software that is automatically collected by Buckles-Smith Electric. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used by Buckles-Smith Electric for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the Buckles-Smith Electric website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Buckles-Smith Electric public message boards, this information may be collected and used by others. Note: Buckles-Smith Electric does not read any of your private online communications.
Buckles-Smith Electric encourages you to review the privacy statements of websites you choose to link to from Buckles-Smith Electric so that you can understand how those websites collect, use and share your information. Buckles-Smith Electric is not responsible for the privacy statements or other content on websites outside of the Buckles-Smith Electric and Buckles-Smith Electric family of websites.
Use of your Personal Information
Buckles-Smith Electric collects and uses your personal information to operate the Buckles-Smith Electric website and deliver the services you have requested. Buckles-Smith Electric also uses your personally identifiable information to inform you of other products or services available from Buckles-Smith Electric and its affiliates. Buckles-Smith Electric may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Buckles-Smith Electric does not sell, rent, or lease its customer lists to third parties. Buckles-Smith Electric may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Buckles-Smith Electric may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Buckles-Smith Electric, and they are required to maintain the confidentiality of your information.
Buckles-Smith Electric does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Buckles-Smith Electric keeps track of the websites and pages our customers visit within Buckles-Smith Electric, in order to determine what Buckles-Smith Electric services are the most popular. This data is used to deliver customized content and advertising within Buckles-Smith Electric to customers whose behavior indicates that they are interested in a particular subject area.
Buckles-Smith Electric websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Buckles-Smith Electric or the site; (b) protect and defend the rights or property of Buckles-Smith Electric; and, (c) act under exigent circumstances to protect the personal safety of users of Buckles-Smith Electric, or the public.
The Buckles-Smith Electric website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Buckles-Smith Electric pages, or register with Buckles-Smith Electric site or services, a cookie helps Buckles-Smith Electric recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Buckles-Smith Electric website, the information you previously provided can be retrieved, so you can easily use the Buckles-Smith Electric features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Buckles-Smith Electric services or websites you visit.
Security of your Personal Information
Buckles-Smith Electric secures your personal information from unauthorized access, use, or disclosure. Buckles-Smith Electric secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Buckles-Smith Electric will occasionally update this Statement of Privacy to reflect company and customer feedback. Buckles-Smith Electric encourages you to periodically review this Statement to be informed of how Buckles-Smith Electric is protecting your information.
Buckles-Smith Electric welcomes your comments regarding this Statement of Privacy. If you believe that Buckles-Smith Electric has not adhered to this Statement, please contact Buckles-Smith Electric at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Reasons the Company Collects Personal Information
We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about.
If you do not want the Company to keep you up to date with our news and the latest information on products and services, visit our Preference Center and update your personal contact information and preferences.
Information the Company Collects and How the Information May be Used
There are a number of situations in which your personal information may help us give you better products. For example:
We may ask for your personal information when you’re talking with our sales department or completing online forms.
Our website allows you to create a “Buckles-Smith Electric Contact ID” based on your personal information. This convenient service saves you time and allows for easier use of our web services. In order to create your Buckles-Smith Electric Contact ID you will need to create a personal profile by providing your name, phone number, email address, and in some cases your mailing address or a credit card number. You can use your unique personal Buckles-Smith Electric Contact ID when performing various activities relating to our website and the products and services you purchase from the Company.
When you interact with the Company, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Company products you own, such as their serial numbers and date of purchase; and information relating to a support or service issue. We also collect information for market research purposes—such as your occupation and where you use your Company products—to gain a better understanding of our customers and thus provide more valuable service.
We collect information regarding customer activities on our websites. This helps us determine how to best provide useful information to customers and understand which parts of our websites, products, and Internet services are of most interest to them.
We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products.
This information may be shared with third parties or in special circumstances as described elsewhere in this policy.
Publicly Displayed Information is Public
If you use a bulletin board or chat feature on our website you should be aware that any information you share is visible to other users. Personally identifiable information you submit to these forums can be read, collected, or used by other individuals to send you unsolicited messages. The Company is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make previously nonpublic information available by enabling certain user features, the Company will collect that information from your interaction and the information will become publicly available.
When the Company Discloses Your Information
The Company takes your privacy very seriously. The Company does not sell or rent your contact information to other marketers.
There are times when it may be advantageous for the Company to make certain personal information about you available to companies that the Company has a strategic relationship with or that perform work for the Company to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. In such situations, these companies are prohibited from using your personal information for any unauthorized purposes and are also obligated to protect your information in accordance with the Company’s policies, unless we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on our website.
The Company may take the personal information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of our other customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). The Company then uses aggregated information to improve the quality of its services and to develop new services and products. This aggregated nonpersonally identifying information may be shared with third parties.
We also reserve the right to disclose your personal information for any reason if, at our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, litigation or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies, and procedures. Finally, we may disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
How the Company Protects Your Personal Information
The Company takes precautions including administrative, technical, and physical measures to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your personal information.
Integrity of Your Personal Information
The Company has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. You always have the right to access and correct the personal information you have provided and you can ensure that your contact information and preferences are accurate, complete, and up to date by checking your profile at https://www.buckles-smith.com/. In addition, you can request a copy of your personal information and your interactions with our sales and support agents by contacting us via email at firstname.lastname@example.org.
Cookies and Other Technologies
If, however, you prefer not to enable cookies, please go to https://www.buckles-smith.com/ and follow the steps to disable cookies. Please note that certain features of our website will not be available once cookies are disabled.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, administer the site, track users’ movements around the site, and gather demographic information about our userbase as a whole. The Company will not use the information collected to market directly to that person.
In some of our email messages, we use a “click-through URL” linked to content on our website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked, simply avoid clicking text or graphic links in the email.
In addition, we use pixel tags—tiny graphic images—to tell us what parts of our website customers visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format that customers can read, and they tell us whether emails have been opened to ensure that we’re sending messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all this information in a secure database.
Commitment to Your Privacy
As we’ve said, the Company takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to our employees and strictly enforce privacy safeguards within the company. In addition, the Company supports industry initiatives, such as TRUSTe, to preserve privacy rights on the Internet and in all aspects of electronic commerce.
The Company abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union.
Links to Sites of Other Companies
Our website has links to the sites of other companies. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
Further Questions Regarding Privacy
If you do not want the Company to keep you up to date with Company news and the latest information on products and services, visit our Preference Center and update your personal contact information and preferences. Naturally, if you notify us that you do not want us to use your information for a particular purpose, we will not do so.
Notice of Compliance to California Residents
Depending on the visitor’s activity at our website, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:
California Shine the Light Law (SB 27) Compliance Statement
Under California S.B. 27 (“Shine the Light” Law), California residents have the right under certain circumstances to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to email@example.com and please include the phrase “California Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address, and email address. We will respond to you within thirty days of receiving such a request.