TERMS OF USE

Samson Electrical Supply Co., Inc., herein referred to as “Samson”, is pleased to offer its customers the convenience of using its website to conduct transactions, but be aware that all transactions undertaken via this website shall be subject to the following Terms of Use, and that proceeding to order via this website shall indicate your acceptance of these terms. If these Terms of Use are not acceptable to you, Samson continues to undertake transactions directly on site, by mail, or by telephone at (732) 393-7070.

User Conduct   As a condition of your use of this website, you agree, represent and warrant to Samson a) not to use this website in any manner which could damage, disable, overburden or impair this website or any services, system resources, accounts, servers or networks connected to or accessible through this website or its server; b) not to interfere with the security of, or otherwise abuse, this website, or any services, system resources, accounts, servers or networks connected to or accessible through this website or its server; c) not to disrupt or interfere with any other person’s use and enjoyment of this website; d) not to upload, post or otherwise transmit on this website any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this website; f) not to use or attempt to use another’s account, service or system, or create or use a false identity on this website; g) not to transmit on this website spam, chain letters, junk mail or any other type of unsolicited mass email; h) not to attempt to obtain unauthorized access to this website or portions of this website which are restricted from general access; and i) not to use this website for any purpose that is unlawful, immoral or prohibited by these Terms of Use. Further, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this website.

Website Orders   Your order is final when submitted via the ordering process provided on this website. By submitting an order on this website, you agree to receive an email which evidences an agreed-upon transaction. You cannot modify your order after it is submitted without confirmation from Samson Customer Service, provided to the email address you gave when you placed the order. No verbal modification of your order, or these Terms of Use shall be effective against Samson without such documented confirmation.

Sales Tax   Samson shall automatically charge and withhold applicable New Jersey, Pennsylvania and New York sales tax for order to be shipped to addresses within those jurisdictions. By placing an order to be shipped outside of the States referred to above, you agree to be directly responsible for any sales taxes, or other taxes, which may be assessed on such order.

Claims/Returns Claims for unacceptable merchandise ordered via this website shall only be accepted by Samson provided that each such claim shall meet all of the following conditions: (a) you notify Samson Customer Service regarding the unacceptable merchandise within 48 hours after receipt of the merchandise at the “ship to” address noted in the website order form specifying why the merchandise is not acceptable. (b) You shall not have made any alterations to the packaging of the merchandise. (c) The merchandise has not been damaged during transit or while in your possession. (d) If the reason for the return of the merchandise is not that the merchandise is damaged or non-functional, the merchandise shall be in condition suitable for immediate resale by Samson. In the event that the claim shall meet all such conditions, Samson shall promptly authorize a Return Merchandise Authorization provided to the email address you gave when you placed the order for the unacceptable merchandise which Return Merchandise Authorization shall specify the means of shipment. Upon receipt of such merchandise, and review of such merchandise by Samson, if the foregoing conditions have been met, Samson shall issue a refund/credit to the account provided when you placed your order. No merchandise may be returned to Samson unless you have first obtained a Return Merchandise Authorization from Samson, and Samson reserves the right to refuse delivery of returned merchandise unless such delivery is accompanied by a Return Merchandise Authorization issued by Samson for the merchandise included in that return shipment.

Availability of Merchandise  Samson cannot guarantee that products and services advertised on this website will be available at the time of order, or that they will become available at a later time. Samson will endeavor to advise you using the email address you gave when you placed the order as soon as it determines that an ordered item is unavailable for shipment, or that it is no longer available, and if requested to do so, will work with you to obtain appropriate substitutes for the unavailable merchandise but such substitutes shall be at their current prices.

Delays  Samson shall not be held liable for any delay of shipment of all or any part of any order placed using this website, or failure to satisfy this or any other order, or change thereto, or any damages which result therefrom, in the event that such delay or failure is caused by any failure of this website, its server or the network, or due to acts of God, fires, explosions, floods, severe weather events, strikes, labor disputes, riots, order or acts of civil or military authority, or other causes of a similar nature.

Reservation of Rights  Samson reserves the right to reject any order you place with us via this website, and/or or to limit quantities on any order. If your order is rejected or other limits are placed on your order, Samson will endeavor to notify you using the email address you gave when you placed the order, and if requested to do so, will work with you to satisfy your merchandise needs, if possible.

Variations in Content  Specific terms and conditions may apply to specific website content, merchandise, products, materials, services, shipping or information available through this website (the “Content”) or transactions concluded through this website. Such specific terms and conditions will supersede these Terms of Use. Samson shall endeavor to note such specific terms and conditions where such specific terms and conditions are inconsistent with these Terms of Use, but may not be held responsible by you for any failure to do so.

Accuracy of Content All Content is provided “as is” and “as available.” Samson endeavors to provide complete, current and accurate information on this website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products or pricing) or other errors in the Content may sometimes occur, and Samson does not warrant the Content including, without limitation, specifications, product descriptions or photographs . You are responsible for independently evaluating the accuracy of the information and the usefulness for your particular needs of any product or service available through this website. Specifications for products and services are subject to change by manufacturer without notice. Samson reserves the right to make changes to website Content without notice.

Disclaimer  SAMSON HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR ITS CONTENT. SAMSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. SAMSON DOES NOT WARRANT THAT THIS WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY SAMSON WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS, OR THAT THEY WILL NOT BE INTERCEPTED OR ALTERED VIS INTERCEPTION. YOU AGREE THAT SAMSON, ITS OFFICERS, SHAREHOLDERS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT

Software Any software made available for downloading from or through this website is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. SAMSON HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO SUCH SOFTWARE.

Trademarks and Service Marks  Unless otherwise explicitly stated, copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with Samson, whether or not a copyright symbol or statement is present. There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this website, but whether you place an order using this website or not, you are not granted a license to use these Marks in any fashion. The Content published on this website may not be reproduced or distributed for commercial use, and is prohibited.

Links  This website may provide links to other websites that are not under the control of Samson. Samson provides such links only as a convenience to the user of this website, and the inclusion of any link to any such websites does not imply endorsement by Samson of the content of such websites or any affiliation or association with such website’s owner, operator or sponsor, and Samson shall not be responsible in any way for the content of such other websites

Jurisdiction and Choice of Law   These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, and the federal laws of the United States of America, without giving effect to any conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of New Jersey for any disputes arising from or related to the website or these Terms of Use.

Conflicts   In the event of any conflict between these Terms of Use and any other term or provision set forth in any quotation, or other writing, document or agreement, or any verbal statement, the parties agree that these Terms of Use shall prevail, unless such conflict is waived by Samson and signed by an authorized representative of Samson in writing which specifically states the limits of such waiver.

Revisions   Samson may amend these Terms of Use at any time and from time to time. Such amended Terms of Use shall be effective immediately upon posting on this website. Samson reserves the right, at its sole discretion, to modify, disable, restrict access, or discontinue, temporarily or permanently, any part, or all, of this website or any information contained thereon without liability or notice to you.

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