Warranty

ACME ELECTRIC RACO TAYMAC BELL WIEGMANN
EXCLUSIVE
REMEDY
During the applicable warranty period set forth above, with respect to any allegedly “Defective Goods”:
A. The Purchaser shall notify Hubbell, in writing, of any alleged claim or defect within five (5) business days from the date the Purchaser discovers, or upon reasonable inspection should have
discovered, such alleged claim or defect (but in any event before the expiration of the applicable warranty period);
B. The Purchaser shall ship, at its expense and risk of loss, such allegedly Defective Good to Hubbell’s applicable facility for inspection and testing by Hubbell;
C. If Hubbell’s inspection and testing reveals, to Hubbell’s reasonable satisfaction, that such Goods are Defective and any such defect has not been caused or contributed to by the Purchaser,
Hubbell shall in its sole discretion and at its expense, repair or replace such Defective Goods; and
D. Hubbell shall ship to the Purchaser, at Hubbell’s expense and risk of loss, the repaired or replaced Goods to the Delivery Location designated by the Purchaser.
The Purchaser has no right to return for repair, replacement, credit or refund any Good except as set forth in this Section. In no event shall the Purchaser reconstruct, repair, alter or replace any
Good, in whole or in part, either itself or by or through any third party.
THIS SECTION SETS FORTH THE PURCHASER’S SOLE REMEDY AND HUBBELL’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH HEREIN.
“Defective” means not conforming to the Limited Warranty set forth herein.
“Goods” means the products and goods delivered by Hubbell to the Purchaser.
“Defective Goods” means Goods that are Defective.
LIMITATION OF
LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL HUBBELL BE LIABLE TO THE PURCHASER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO OR LOSS OF USE OF ANY PRODUCT, LOST SALES, OR PROFITS, OR DELAY OR FAILURE TO PERFORM ITS WARRANTY OBLIGATION, OR CLAIMS
OF THIRD PARTIES AGAINST THE PURCHASER, ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR THE REPAIR OR REPLACEMENT OF, HUBBELL’S
PRODUCTS. As stated herein, the term “person” shall include, without limitation, any individual proprietorship, partnership, corporation or entity.
INDEMNIFICATION
The Purchaser agrees to indemnify, defend and hold harmless Hubbell from any and all costs, expenses, damages, claims and liabilities, including attorneys’ fees and costs of litigation, arising
out of or in connection with any breach of these terms and conditions by the Purchaser, or from any representations and warranties made by the Purchaser in violation of these terms and
conditions.
CONFIDENTIALITY
All pricing, drawings, plans, disclosures, specifications, patterns or technical or business information furnished at any time to the Purchaser by Hubbell shall remain the sole property of Hubbell.
The Purchaser shall hold all such information in strict confidence, shall not use or divulge to any person or entity any such confidential information, and any and all copies of such confidential
information shall be returned to Hubbell promptly upon Hubbell’s request.
IP RIGHTS
Intellectual property rights (whether arising under patent, trademark, copyright laws or otherwise) to all improvements embodied in designs, tools, patterns, drawings, information and products
supplied by Hubbell under these terms, and exclusive rights for the use and reproduction thereof, and all intellectual property rights arising out of the performance under these Terms shall accrue
and be assigned to, and be owned by, Hubbell, and the Purchaser shall execute and deliver such instruments as may be necessary to effect or confirm such ownership.
COMPLIANCE
WITH LAWS
The Purchaser shall comply with all laws and regulations applicable to the products, including, but not limited to, all applicable import and export laws and regulations. If the ultimate destination
of the products is outside of the United States, the Purchaser shall designate such country on its purchase order. In the event that the Purchaser purchases products for export without so notifying
Hubbell, Hubbell reserves the right to cancel the contract at no penalty or liability for breach in the event that Hubbell objects to the ultimate destination of the products, and the Purchaser will
have sole liability and shall defend, indemnify and release Hubbell for any loss or damage (including without limitation, claims of governmental authorities) arising from the export from the United
States or import into another country of such products, including, without limitation, those related to packaging, labeling, marking, warranty, contents, use, or documentation of the products. The
Purchaser has sole responsibility for obtaining any required export licenses. The Purchaser will not take, and will not solicit Hubbell to take, any action which would violate any anti-boycott or any
export or import statutes or regulations of the United States or other governmental authorities and shall defend, indemnify, and reimburse Hubbell for any loss or damage arising out of or related to
such actions.
GOVERNING
LAW
These terms shall be governed by the laws of the State of Connecticut, without reference to its choice of law rules. Any claim or litigation arising out of or relating to the products shall be brought
exclusively in a court of competent jurisdiction in the State of Connecticut.
©2017 Hubbell Incorporated (Delaware)
AE-003