USI Inc.

Terms of Sale

Last Updated
October 1, 2015
Acceptance of Order; Termination
Goods are deemed accepted upon receipt from USI, Inc. (“USI”) to the buyer of the goods (“Buyer”) for the supply of goods and shall constitute acceptance of the terms of sale (“Terms”). Acceptance of any order is subject to credit approval and acceptance of order by USI and, when applicable, USI’s suppliers. If credit of the Buyer becomes unsatisfactory to USI, USI reserves the right to terminate upon notice to Buyer and without liability to USI.
Goods/Services
The goods (“Goods”) and/or services (“Services”) are as described on the invoices, quotation, work authorization, or any other work commencement forms as provided by USI to the Buyer.
Delivery Of Goods
Delivery of the Goods and Services shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods and Services whenever they are tendered for delivery, or delivery of the Goods and Services shall be made to the Buyer at USI’s address.
Delay in Delivery
USI is not to be accountable for delays in delivery of Goods and Services due to: acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond USI’s reasonable control. Factory shipment or delivery dates are the best estimates from our suppliers, and in no case shall USI be liable for any consequential or special damages arising from any delay in shipment or delivery.
Cancellation of Goods
At USI’s discretion, the Buyer may cancel delivery of Goods and/or Services. In the event that the Buyer cancels delivery of Goods and/or Services, the Buyer shall be liable for any costs incurred by USI up to the time of cancellation.
Risk
If USI retains property in the Goods, all risk for the Goods passes to the Buyer on delivery. If any of the Goods are damaged or destroyed prior to passing to the Buyer, USI is entitled, to receive all insurance proceeds payable in respect of the Goods.
Defects and Returns
The Buyer shall inspect the Goods on delivery or installation and shall within five (5) days of delivery notify USI of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford USI an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. For defective Goods which USI has agreed in writing that the Buyer is entitled to reject, USI’s liability is limited to either (at USI’s discretion) replacing the Goods or repairing the Goods.
Buyer’s Disclaimer
The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of USI and the Buyer acknowledges that he buys the Goods and Services relying solely upon his own skill and judgement.
Warranties
Certain prescribed services are backed by the Master Electricians Workmanship Guarantee. A manufacturer’s warranty applies where applicable.
Liability Disclaimer
The Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Building Act 2004 (including the Building Code) and other statutes, regulations, and codes may imply guarantees, warranties or conditions or impose obligations upon USI that cannot by law be excluded (“the statutory restrictions”). Subject to the statutory restrictions, it is agreed by Buyer, that USI is not liable to Buyer for any loss or damage of any kind whatsoever, arising from the supply of services by USI to Buyer, including consequential loss, whether suffered or incurred by Buyer or another person or entity and whether in contract or tort (including our negligence) or otherwise.
Title
It is the intention of USI and agreed upon by the Buyer that property in the goods shall not pass until the Buyer has paid all amounts owing for the particular Goods.
Security Interest
Until Buyer has paid USI in full for the Goods and Services to be supplied, it is agreed that, pursuant to the Personal Property Securities Act 1999, USI has a security interest in all products supplied by USI to Buyer.
Pricing
1. The Price shall be as indicated on invoices provided by USI to the Buyer in respect of Goods or Services supplied; or
2. The Price shall be USI’s current price at the date of delivery of the Goods or performance of Services according to USI’s current Price list; or
3. The Price of the Goods or Services shall be USI’s quoted price which shall be binding upon USI provided that the Buyer shall accept USI’s quote within thirty (30) days.
Payment Terms
Payment terms are stated on USI’s invoice or as otherwise mutually agreed. As a condition of the sales agreement, a monthly service charge of the lesser of 1 – 1.5 % or the maximum permitted by law may be added to all past due accounts. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only.
Return of Goods
Buyer agrees that any credit balances issued will be applied within one (1) year of issuance. If not applied or requested within one (1) year, any balance will be subject to cancellation, and USI shall have no further liability. Credit may be allowed for goods returned with prior approval. A deduction may be made from credits issued to cover cost of handling.
Taxes
Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse USI for any such tax or provide USI with acceptable tax exemption certificate.
Claims
Buyer shall examine material upon receipt and prior to installation. All claims for damaged or defective items must be made in writing within sixty (60) days of delivery. Claims not received in writing within the time specified are waived by Buyer.
Sub-Contracting
In the course of completing the Services, USI may contract out part of the Services contracted for by Buyer, to another contractor (“the sub- contractor”). The sub- contractor costs will form part of USI’s Price for the Services.
Contact Us
USI welcomes your questions or comments regarding these Terms.

USI, Inc.
9585 Cilley Road
Cleves, OH 45002

Mark Westrich: Vice-President
(513) 490-6412
MarkW@usi-electric.com

Marc Noble: Vice-President
(513) 490-6712
MarcN@usi-electric.com

Effective as of October 1, 2015