1.  Terms of Sale

All sales of Products and Services by Lubbock Electric Company, Inc. (hereafter referred to as the “Seller”) to the Customer are contingent upon and governed by the terms and conditions contained herein.  The Customer’s order of Products and Services from the Seller by any means of communication (verbal, written, or electronic) shall constitute acceptance of all terms and conditions by the Customer. 

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2.  Price

The Customer may receive a Quote from the Seller listing the requested Products and Services and corresponding prices the Customer should expect to pay.  The Quote is valid for thirty (30) days unless otherwise stated, and pricing does not include any estimated sales tax or freight charges.

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3.  Payment

Upon receipt of the order from the Seller, the Customer agrees to pay the amount shown on the invoice to Lubbock Electric Company, Lubbock, TX within thirty (30) days from the date of the invoice conditioned upon prior credit approval.  Payment shall be due upon completion of repair or service if credit is not requested or granted.  Payment for Special Order Products shall be due at the time the order is placed.  A Purchase Order shall be required for Product Orders, Service Orders, and Repair Orders that are not paid at the time the order is placed.  In the event the account remains unpaid and is referred to an attorney for collection, the Customer shall pay a reasonable fee to the attorney representing the Seller.

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4.  Special Orders

A $50 minimum purchase will be required to place an order for Special Order products, and the full amount will be collected at the time of order.

 

5.  Sales Taxes

Seller’s quoted or published prices may not include applicable sales, use or possession taxes, tariffs, duties, or taxes of any kind (collectively, “Sales Taxes”).  All Sales Taxes, if any, due under the laws of any state, any local government authority, or the federal government of the United States, in connection with any and all transactions between the Customer and Seller shall be paid by the Customer.  All sales to the Customer are subject to applicable Sales Taxes unless the Customer furnishes a valid exemption certificate prior to the sale.  Applicable Sales Taxes shall be added to the invoice and paid by the Customer to the Seller. In interstate sales, the Customer is solely responsible for determining, reporting, and paying any Sales Taxes directly to applicable government tax agencies.  In such cases, the Seller will not include such taxes on any quotations or invoices, and any such taxes returned to the Seller will not be forwarded to any agencies, but will be either be returned or credited to the Customer’s account.  In the event sales taxes are assessed against the Seller on parts, services, or finished goods after completion of service, delivery, and invoice, then the Buyer shall immediately pay or reimburse such tax to the Seller (if paid by Seller), upon notice thereof and invoice by Seller.

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6.  Delivery

Delivery of physical Products shall be F.O.B. shipping point, and risk of loss or damage passes from the Seller to the Customer at the time Products are invoiced.  Any claims made to the shipping company for damages to Products occurring during transit shall be the sole responsibility of the Customer. Shipping dates are approximate and are based upon prompt receipt of all necessary information, approval, deposits, and progress payments.  The Customer agrees that the Seller is not responsible for late deliveries for any reason, including but not limited to causes beyond the Seller’s reasonable control, acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes or other labor disturbances, flood, epidemics, wars, or delays in transportation. In the case that items are to be delivered to the Customer by the Seller’s vehicle fleet, the terms shall be F.O.B. destination.  If delivery is delayed by the Customer for reasons of Customer’s convenience or default or any other cause beyond the Seller’s reasonable control, the Seller may elect to invoice the Customer for the goods, parts, and services on the date originally scheduled for delivery, and the terms of payment shall apply from the date of such invoice.

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7.  Changes to Product Orders

The Customer may request a change or modification to Products after they have been initially ordered.  The change shall be documented, and if such modification would result in an increased cost to the Customer and/or the time required to complete and deliver the order, the Seller shall submit to the Customer a new proposal detailing the revised pricing and associated Product changes as well as the additional time needed to implement the order change.  If the Customer accepts the new proposal, the Seller may make the necessary adjustments.  If the Customer rejects the proposal, the original order remains in effect.

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8.  Service / Repairs

Equipment not working properly may be brought in for an inspection and evaluation of necessary repairs and the cost to the Customer to restore the equipment to operational status.  A non-refundable Initial Inspection Fee and/or Root-Cause Diagnostic Evaluation Fee will be assessed, and a form of guaranteed payment will be required prior to beginning any repair work.  An Initial Inspection involves electrical tests and a visual inspection of the equipment.  A Root-Cause Diagnostic Evaluation Fee involves disassembly, parts cleaning, and a root-cause failure analysis of the equipment.

 

 

Initial Inspection Fee

Root-Cause Diagnostic Evaluation Fee

Electric Motor (Up to 30 HP)

$50

N/A

Electric Motor (40 HP to 100 HP)

$100

$300

Electric Motor (125 HP to 1000 HP)

N/A

$400

Vertical Motor (125 HP and up)

N/A

$600

Babbitt Bearing Motor

N/A

$500

Reciprocating Compressor (Up to 15 HP)

$100

N/A

Reciprocating Compressor (20 HP and up)

$200

N/A

Rotary Screw Compressor

$200

N/A

Roots Type P.D. Blower

$250

N/A

Single-Stage Vane Pump

$50

N/A

Two-Stage or Three-Stage Vane Pump

$100

N/A

Piston Pump

$100

N/A

Small Hydraulic Cylinder

$50

N/A

Large Hydraulic Cylinder

$100

N/A

 

Upon Customer approval and consent to the quoted repairs and cost, service to the equipment may be performed and billed accordingly.  100% of the inspection and evaluation fees will be applied as a credit on the repair invoice.  Should the Customer opt to purchase a new item in place of a repair, 50% of the inspection fee shall be applied toward the purchase.  Repair and Service Orders shall be invoiced to the Customer upon completion of all repair and service work.

Equipment which is left more than ninety (90) days from the repair invoice date shall not be the responsibility of the Seller, nor shall the Seller be liable for any damage to such equipment.  Abandoned equipment shall become the property of the Seller after ninety (90) days from the invoice date.

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9.  Changes to Service / Repair Orders

Where the Seller finds repairs are needed in addition to the repairs and cost quoted, the work may not be added to the order or performed until a new proposal detailing the additional work and resulting cost is submitted to the Customer by the Seller and accepted by the Customer.  Upon Customer acceptance, all work can be completed and billed. 

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10.  Inspection of Purchased Goods / Repaired Equipment

Final inspection or testing of the purchased goods or repaired equipment must be performed by the Customer or at the Customer’s expense following delivery.  Claims for damage, shortage, errors in shipping, or rejection must be made by the Customer in writing within fourteen (14) days following delivery, or such other time period as agreed in the Purchase Order.  Customer’s sole remedy for such claims is repair or replacement of the goods or equipment.  After the expiration of the fourteen (14) day period, all claims for defects shall be remedied in accordance with Lubbock Electric Co.’s “Limited Warranties” or the manufacturer’s warranty.

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11.  Warranties

LECO offers a variety of warranties for specific Products and Services.  Refer to the “Limited Warranties” page for detailed warranty periods, limits, remedies, exclusions, and disclaimers offered for defined types of Products and Services.

 

12.  Limited Liability and Damage Disclaimer

Notwithstanding the provisions of the current contract or Product warranty, the Seller disclaims any and all liability for damages directly or indirectly related to the use, misuse, or non-use of the defective Product.  Any and all other warranties whether implied or expressed are also disclaimed by the Seller.  The Customer’s remedies are limited to those defined within the scope of the warranty specific to the defective Product. Consequential damages cannot be recovered by the Customer.

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13.  Returns

Stock Products in original packaging are returnable within thirty (30) days of the invoice date, and a 15% restocking fee will apply.  Products for warranty consideration must be returned within the stated warranty period.  All Product returns require a Return Merchandise Authorization (RMA) number from the Seller.  Customer must submit to the Seller an RMA request form explaining the reason for the return.  Upon approval of the request, the Seller will provide the RMA to the Customer.  The RMA must be in the shipment with the returned Product in order to receive any credit or warranty evaluation for repair or replacement.  All authorized returns are subject to inspection as a condition of acceptance and must be, in the sole judgement of the Seller, in new, resalable condition and in original packaging in order for credit to be authorized.  Items deemed to be unacceptable will be held for a maximum of thirty (30) days from the date of notification of rejection to the Customer, pending notice from the Customer on desired disposition of goods.  If no notice of a desired disposition is received within this period, good will be disposed of and no credit will be issued to the Customer.  Special Order Products may not be returned once received by the Customer and found to be without defect.

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14.  Cancellations

Cancellation of an order must be submitted to the Seller within forty-eight (48) hours of placing the order, and the cancellation must be acknowledged by the Seller in writing.  A cancellation fee may be charged to the Customer if an order for Special Order Products is cancelled based upon unrecoverable costs to the Seller.  Freight charges are the sole responsibility of the Customer.

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15.  Construction Wiring Proposals and Jobs

Proposals for construction wiring jobs are valid for thirty (30) days and exclusive of all applicable sales tax.  Proposals by the Seller are based on utilizing a non-union labor force.  The anticipated mobilization date shall be determined once a signed/executed contract is in place.  The proposal is based on information provided by the Customer at the time of the Seller's on-site visit and is subject to change if additional requests are made.  Prices and estimated completion dates are based on no delays, work stoppages, change orders, or schedule compressions.  Any work that is requested in addition to the agreed upon Scope of Work will require the written approval of the owner and may incur additional charges.  All phases of the project will be billed as follows: equipment (motors, switchgear, etc.) will be billed as shipped and payment will be due net 30; the remainder of the project will be billed in monthly progress payments.  The Seller provides liability and workers compensation insurance.  The Seller does not accept incidental damages, consequential damages, loss of use, loss of facility, loss of profits, or other special damages as part of an indemnity agreement.  The Seller does not indemnify other parties for that party's joint concurrent, partial, or sole negligence regardless to the degree of that party's negligence.  The Seller does not accept "no damage for delays" conditions not related to force majeure causes.  The Seller does not cede its mechanics' lien rights.  All electrical salvage becomes the property of the Seller unless otherwise stated.

The Customer will be responsible for any and all charges incurred from the Local Power Company.  The Local Power Company will need to provide the Transformer Inspection or Survey.  Transformer size may need to be increased to provide additional power requirements.  If Service Entrance Conductors are not suitable to be re-used there will be additional charge to replace wiring.  The Customer will be responsible for any trenching, digging, backfill, concrete boring, and concrete pouring required for a full and complete electrical installation unless otherwise specified in the bid.

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16.  Confidential Information

Unless covered by a separate Nondisclosure Agreement, Customer acknowledges that all information and materials which come into the Customer’s possession or knowledge in connection with any transaction or agreement between the Customer and Seller and which is marked, identified, or accepted as confidential or proprietary (“Confidential Information”), consists of confidential or proprietary information the improper disclosure or use of which will be damaging to the Seller.  Therefore, the Customer agrees to hold all Confidential Information in confidence, to disclose Confidential Information only to those of its employees having a need to know, not to disclose Confidential Information to any other party, and not to use Confidential Information other than for the performance of the transactions or agreements between Customer and Seller.

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17.  Drawings and Data

All drawings furnished by Seller to Customer are proprietary and remain the exclusive property of the Seller, and are to be used by the Customer only for the purpose of operating and maintaining the products, and not for the manufacture of duplicate or similar requirement or parts by others.  Drawings are not to be shared with third parties or replicated in any manner.

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18.  Terms of Purchase

All purchases of Products and Services by Lubbock Electric Company, Inc. (hereafter referred to as “Lubbock Electric Co.”) to the Seller are contingent upon and governed by the following terms and conditions.  The Seller's acceptance of a Purchase Order from Lubbock Electric Co. by any means of communication (verbal, written, or electronic) shall constitute acceptance of all terms and conditions by the Seller.  To ensure prompt payment, a bill of lading must be attached to the shipment of Products purchased by Lubbock Electric Co., and the invoice showing the Purchase Order number must be transmitted to Lubbock Electric Co. immediately after the shipment is made.  The Seller must advise promptly if unable to make shipment by the stated shipment date.  Time is of the essence of this contract, and failure to ship the items purchased by the stated shipment date will entitle Lubbock Electric Co. to terminate the Purchase Order without any liability to the Seller.  Acceptance of deliveries of items shipped after such shipment date will not impair, waive, or affect this termination right of Lubbock Electric Co. provided Lubbock Electric Co. notifies the Seller of its election to terminate within a reasonable time after any such delivery.  No charges will be allowed for boxing, crating, or packing.  Quantity variances of +/- 5% or more will not be accepted.  Goods rejected on account of inferior quality or workmanship or late delivery will be returned to the Seller with charge for transportation both ways plus labor reloading, etc. and are not to be replaced except upon receipt of written instructions from Lubbock Electric Co.

Date of last revision to this policy:  September 30, 2020