Terms and Conditions

**Standard Terms and Conditions of Sale**   Constant Electric Supply Co. Effective Date: July 26, 2025

 **1. General**   These Terms and Conditions of Sale ("Terms") govern all sales of products ("Products") and services by [Your Company Name] ("Seller") to the buyer ("Buyer"). By placing an order, Buyer agrees to be bound by these Terms. Any additional or different terms in Buyer’s purchase order or other documents are expressly rejected unless agreed to in writing by an authorized representative of Seller. These Terms constitute the entire agreement between Seller and Buyer, superseding all prior agreements or communications.  **2. Orders and Acceptance**   2.1. All orders are subject to acceptance by Seller. Seller reserves the right to reject or cancel any order at its sole discretion.   2.2. Orders may not be canceled or modified by Buyer without Seller’s prior written consent, which may be subject to fees or reimbursement for costs incurred (e.g., production, materials, or shipping).   2.3. Minimum order quantities (MOQ) may apply, typically set at $[300-600] per order, depending on Product type. For first-time Buyers, the MOQ is $[600]. After reaching a total order value of $[1500] and approval of a credit application, Buyers may qualify for Net 30 terms.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/) 2.4. Special, custom, or made-to-order Products are non-cancelable and non-returnable unless otherwise agreed in writing.  **3. Pricing and Payment**   3.1. All prices are quoted in U.S. dollars and are subject to change without notice. Orders in production are not affected by price changes unless modified by Buyer.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/) 3.2. Payment terms are Net 30 days from invoice date for approved accounts, subject to Seller’s credit approval. Seller may require advance payment, cash on delivery (C.O.D.), or other guarantees if Buyer’s financial stability is in question.  [](https://blueoceanlighting.com/resources/terms-conditions/) 3.3. Payments may be made via credit card (MasterCard, Visa, Discover, American Express), electronic funds transfer (EFT), or check. EFT payments require remittance advice sent to [insert contact details]. Credit card payments do not incur merchant fees.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/) 3.4. Overdue accounts will accrue interest at 2% per month (24% per annum). Buyer is responsible for all collection costs, including reasonable attorney’s fees.  [](https://blueoceanlighting.com/resources/terms-conditions/) 3.5. Checks returned due to insufficient funds may incur a reimbursement fee for bank charges and related costs.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/) 3.6. Products are sold at the manufacturer’s suggested retail price (MSRP). Discounts exceeding 15% below MSRP require Seller’s written approval, typically granted semi-annually for special sales events. Authorized retailers receive 50% off MSRP, plus shipping costs; trade clients (e.g., interior designers, architects) receive 20% off MSRP, plus shipping.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/)  **4. Shipping and Delivery**   4.1. Unless otherwise agreed in writing, Products are shipped EXW Seller’s manufacturing facility or inventory hub (Incoterms 2020). Title and risk of loss pass to Buyer upon delivery to the transportation company.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/) 4.2. For orders with a net value of $3,000 or more, shipping is prepaid or freight allowed within the 48 contiguous United States via Seller’s chosen carrier. Orders under $3,000 incur a shipping and handling fee of 9% of order value or $50, whichever is greater. Orders outside the contiguous U.S. incur additional shipping fees as determined by Seller.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/) 4.3. Buyer is responsible for all shipping, handling, insurance, taxes, duties, and other fees unless otherwise specified. Seller may arrange insurance at Buyer’s written request and expense.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/) 4.4. Delivery times are estimates (typically 10-14 days from order confirmation). Larger or custom orders may require longer lead times. Seller is not liable for delays due to causes beyond its reasonable control, including but not limited to manufacturer delays, transportation issues, or acts of God.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/)[](https://www.creelighting.com/resources/sales-terms-and-conditions/) 4.5. Buyer must provide accurate shipping addresses. Seller is not responsible for delays or costs due to incorrect addresses.  [](https://smallvictories.com/pages/terms-conditions) 4.6. If Buyer cannot accept delivery, Seller may store Products at Buyer’s expense (2% of Product value) and deem delivery complete.  [](https://lggindustrial.com/general-terms-and-conditions-for-the-sale-of-products-or-services/)  **5. Inspection and Claims**   5.1. Buyer must inspect Products within five (5) business days of receipt and notify Seller in writing of any shortages, defects, or damages, including invoice number, order number, and detailed proof. Claims submitted after this period are deemed accepted by Buyer.  [](https://blueoceanlighting.com/resources/terms-conditions/)[](https://lggindustrial.com/general-terms-and-conditions-for-the-sale-of-products-or-services/) 5.2. Seller, at its sole discretion, determines whether Products are defective. Approved claims result in repair, replacement, or refund at Seller’s option, as Buyer’s sole remedy.  [](https://blueoceanlighting.com/resources/terms-conditions/) 5.3. Seller is not liable for defects caused by improper installation, misuse, unauthorized repairs, natural disasters, power surges, or use in violation of applicable standards or instructions.  [](https://blueoceanlighting.com/resources/terms-conditions/)  **6. Returns**   6.1. No Products may be returned without Seller’s prior written approval and a Return Goods Authorization (RGA) issued by Seller. Requests for an RGA must be made within 30 days of invoice date. Returns must be received within 90 days of invoice date.  [](https://lumenture.com/terms-of-sale/) 6.2. Returned Products must be in original packaging, unused, and in resalable condition. Buyer is responsible for all shipping and handling fees for returns. A restocking fee of at least 15% (or higher, as determined by Seller) will apply.  [](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/)[](https://lumenture.com/terms-of-sale/) 6.3. Special, custom, or made-to-order Products are non-returnable unless defective and approved by Seller.  [](https://lumenture.com/terms-of-sale/) 6.4. Refunds, if approved, will be issued via account credit, company check, or credit card at Seller’s discretion, based on the invoiced price. No credit will be issued if Buyer has an outstanding balance.  [](https://blueoceanlighting.com/resources/terms-conditions/)  **7. Manufacturer Warranties**   7.1. Products are warranted by the manufacturer to be free of defects in material and workmanship for one (1) year from the ship date, subject to manufacturer terms. Seller assigns all applicable manufacturer warranties to Buyer upon request, at no cost.  [](https://www.mycwt.com/for-suppliers/suppliers-general-terms-conditions/)[](https://remains.com/pages/terms) 7.2. Seller makes no additional warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, unless explicitly stated in writing.  [](https://lumenture.com/terms-of-sale/) 7.3. Warranty claims must be submitted in writing with proof of defect. Seller or the manufacturer, at their discretion, may repair, replace, or refund defective Products. Buyer is responsible for return shipping costs unless otherwise agreed.  [](https://blueoceanlighting.com/resources/terms-conditions/)  **8. Intellectual Property**   8.1. Buyer may use Seller’s or manufacturer’s trademarks, logos, or product images solely for promoting and selling Products, in compliance with Seller’s or manufacturer’s branding guidelines. Any other use requires prior written consent.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/)[](https://smallvictories.com/pages/terms-conditions) 8.2. Buyer may not sell Products on third-party marketplaces (e.g., Amazon, eBay, Alibaba) without Seller’s written approval. Unauthorized sales may result in account suspension or legal action.  [](https://smallvictories.com/pages/terms-conditions) 8.3. Buyer shall not reverse engineer, copy, or modify Products or related intellectual property without Seller’s or manufacturer’s written consent.  [](https://www.thalesdsi.com/quote-sale-terms-conditions/)  **9. Limitation of Liability**   9.1. To the maximum extent permitted by law, Seller’s liability is limited to the purchase price of the Products. Seller is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, business interruption, or property damage, even if advised of such possibility.  [](https://lumenture.com/terms-of-sale/) 9.2. Seller is not liable for Product failures due to improper use, installation, or maintenance, or for damages caused by Buyer’s failure to comply with these Terms or manufacturer instructions.  [](https://blueoceanlighting.com/resources/terms-conditions/)  **10. Export Restrictions**   10.1. Buyer shall not export or sell Products outside the United States without Seller’s prior written approval and compliance with all applicable U.S. export laws and regulations. Buyer is responsible for obtaining necessary licenses or approvals.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/)  **11. Governing Law and Dispute Resolution**   11.1. These Terms are governed by the laws of [Insert State, e.g., Connecticut], without regard to conflict of law principles.  [](https://lumenture.com/terms-of-sale/) 11.2. Any disputes arising under these Terms shall be resolved in the state or federal courts of [Insert State], and Buyer consents to their jurisdiction and venue. Buyer is responsible for Seller’s reasonable attorney’s fees and costs in enforcing these Terms.  [](https://barronltg.com/terms-trace-lite.php)  **12. Miscellaneous**   12.1. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.  [](https://lumenture.com/terms-of-sale/) 12.2. Seller may suspend deliveries if Buyer fails to make payments within 30 days of written notice.  [](https://lggindustrial.com/general-terms-and-conditions-for-the-sale-of-products-or-services/) 12.3. Notices must be in writing and delivered via personal delivery, certified mail, or electronic transmission with confirmation.  [](https://lggindustrial.com/general-terms-and-conditions-for-the-sale-of-products-or-services/) 12.4. Seller reserves a purchase money security interest in all Products until full payment is received. Buyer agrees to sign financing statements upon request.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/)  ---  **Notes and Recommendations**   - **Customization**: Replace placeholders (e.g., [Your Company Name], [Insert State]) with specific details. Adjust MOQ, restocking fees, or payment terms to align with your business model and manufacturer agreements.   - **Manufacturer Compliance**: Ensure these Terms align with specific manufacturer requirements (e.g., warranty periods, return policies). Review manufacturer contracts to confirm details like MSRP restrictions or export rules.  [](https://www.creelighting.com/resources/sales-terms-and-conditions/)[](https://emergeapp.net/wholesale-business/wholesale-terms-and-conditions/) - **Legal Review**: Consult a lawyer to ensure compliance with local, state, and federal laws, especially for warranty disclaimers, liability limitations, and export restrictions. Some jurisdictions (e.g., EU, certain U.S. states) may not enforce strict "no refund" clauses.  [](https://www.termsfeed.com/blog/terms-conditions-faq/) - **Customer Clarity**: Use clear language and consider a "clickwrap" acceptance method (e.g., requiring Buyers to check “I Accept” before ordering) to ensure enforceability.  [](https://www.termsfeed.com/blog/terms-conditions-faq/) - **Returns Process**: Clearly define the RGA process and fee structure in internal policies to avoid disputes. Consider linking to a separate Return and Refund Policy for detailed procedures.