Terms & Conditions


By entering your order, you confirm that the terms and policies set forth on this website are the legal agreement governing your purchase, and that no changes or additional or different terms will apply unless you have previously established a different written contract with The Circuit Breaker Pros Inc.

Terms, prices, conditions and policies are subject to change without notice. The Circuit Breaker Pros Inc. is not responsible for delayed shipments or system failures, and in no case shall the seller be held liable for any damages arising from any delay in delivery. The Circuit Breaker Pros retains title to items purchased until the buyer pays for said item and at that time the title passes to buyer.

Warranties

 All products sold by The Circuit Breaker Pros carry a 1 year limited warranty that guarantees the function of the product sold for 1 year. Outside of this, the seller makes no warranty, either expressed or implied, of any kind including without limitation any warranty of merchantability, fitness for a particular purpose, title or lack of infringement. the only warranties available to buyer shall be those made by the manufacturer. Buyer shall assert any claims only against the manufacturer and shall have no recourse against the seller.

 

Limitation of Liability

 It is understood and agreed that seller's liability, whether in contract, in tort, under any warranty, in negligence or otherwise shall not exceed and buyer's remedy is limited to either, at seller's option: (i) replacement of the defective products, (ii) correction of the defective service, (iii) repair of the defective products, (iv) return of the defective product by the buyer and refund of the purchase price, or (v) refund of the service price. Under no circumstances shall seller be liable to buyer or any third party for loss of profits, special, direct, indirect, incidental, or consequential damages or an amount greater than the purchase price for the products or services purchased by the buyer. The price stated for the products or services is a consideration in limiting seller's liability. No action, regardless of form, arising out of the transactions of this agreement may be brought by buyer more than one year after the cause of action has accrued.

Waiver

The failure of Seller to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be a MIA#2534064.6 waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract.

Indemnity

You agree to defend, indemnify and hold The Circuit Breaker Pros Inc, its parent, subsidiaries, affiliated companies, divisions, joint ventures and their agents, officers, and employees, directors, servants and insurers, harmless from and against any and all losses, claims, demands, liabilities or causes of action, costs and expenses (including attorney's fees) of every kind and character, whether in contract or in tort, including claims of negligence, or strict liability (including any action brought by an employee, agent or subcontractor of yours for your failure to comply with The Circuit Breaker Pros' published instructions and specifications concerning the operation, use, and maintenance of products) in favor of any person or party, for injury to or illness or death of any person or party, or for any property damage (including loss of income, profits, sales or "down time") arising out of or incident to the products, except any loss, claim, demand or liability proven to be the result of the negligence of The Circuit Breaker Pros and not contributed to by your negligence, of the negligence of your agents, employees, officers or directors or other third parties.

Thecircuitbreakerpros.com contains hyperlinks to the websites of some our suppliers, over which The Circuit Breaker Pros Inc. has no control. The Circuit Breaker Pros Inc. makes no warranty as to the accuracy, completeness, timeliness, reliability, content or availability of information on the The Circuit Breaker Pros Inc. website or linked websites. Neither The Circuit Breaker Pros nor its suppliers will be liable to you for any damages of any kind relating to the use of these websites, including any direct damages or any special, incidental, or indirect damages or any consequential damages (including lost profits).

This website was created for the exclusive use of our customers for research and buying purposes. This publication may not be duplicated, redistributed or modified in whole or part without prior written authorization from The Circuit Breaker Pros. Product photos are representative only and product appearance and / or packaging may vary.

Governing Law

This agreement shall be governed by the laws of the State of Illinois, without regard to principles of conflicts of laws, and the courts of the State of Illinois in the County of Kankakee shall have nonexclusive jurisdiction over causes of action arising under this agreement. All parties hereby submit to the jurisdiction of such courts and waive any objection of forum non convenience that they may be entitled to raise.

Marketing

We may use the email address associated with an order (or account) to send account information, user information, updates pertaining to their order, and/or marketing advertisements and information. It may also be used to respond to inquiries, questions about an account or order, and/or other requests. Subsequent to a purchase, our customers will receive emails that may include company news, updates, related product or service information, etc. If at any time a customer would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email, or a customer may contact us via our website, email, or phone.