Warranty

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COMMERCIAL, INDUSTRIAL AND RESIDENTIAL ELECTRICAL PRODUCTS

2017 DISTRIBUTOR TERMS AND CONDITIONS

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ACME ELECTRIC RACO TAYMAC BELL WIEGMANN

AGREEMENT

These Terms and Conditions and the provisions hereof constitute the entire agreement between: (i) Acme Electric, RACO, Bell, Taymac, or Wiegmann as applicable, (“RTBWA” or the Hubbell

Commercial Construction Division of Hubbell Incorporated (Delaware) – hereinafter, “Hubbell”) and (ii) you (the ”Purchaser”) and supersede all statements, representations and agreements, oral

or written made by the parties or their representatives including, without limitation, conﬂicting or different provisions of the Purchaser’s purchase order. No modiﬁcation or addition to this

agreement shall be binding upon RTBWA (or Hubbell) unless speciﬁcally set forth in writing, and signed by Acme Electric, RACO, Bell, Taymac, or Wiegmann, as applicable.

TERMS

2/10 NET 30

After 30 days, a monthly service charge of 1 ½% will be

applied, unless that rate exceeds the maximum lawful rate,

then the maximum lawful rate will be used.

2/10 NET 25

After 25 days, a monthly service charge of 1 ½% will be

applied, unless that rate exceeds the maximum lawful rate,

then the maximum lawful rate will be used.

2/10 NET 25

After 25 days, a monthly service charge of 1 ½% will be

applied, unless that rate exceeds the maximum lawful rate,

then the maximum lawful rate will be used.

PRICES

Prices on orders, other than quotation, will be priced at Acme

Electric published prices in effect at time of acceptance of

order unless otherwise stated.

Prices on orders, other than quotation, will be priced at Raco/

Taymac/Bell published prices in effect at time of acceptance

of order unless otherwise stated.

Prices on orders (other than Quotation, “Hold for Release” and

“Hold for Approval”) will be priced at Wiegmann published

prices in effect at time of acceptance of order unless otherwise

stated.

Prices are subject to change without notice.

FIRM PRICE

QUOTATIONS

Unless prices are quoted as “ﬁrm”, Hubbell reserves the right to invoice at the prices in effect at the time of acceptance of order, regardless of any prior quote and regardless of whether notice was

received by the Purchaser. Releases must specify shipping date in accordance with the quotation. Acceptance of a ﬁrm price quotation must be stated on the order. When shipment is made, the

material will be billed at published prices in effect at time of shipment or at the ﬁrm price, whichever is lower.

MINIMUM

BILLING

CHARGES

No bill will be rendered for an amount less than the below applicable numbers (distributor cost plus prepaid freight charges):

$150 $250 $250

Next day express shipments only are not subject to minimum billing requirements.

BROKEN

CARTONS

N/A

Orders for broken carton quantities will only be allowed for

Bell. RACO and TayMac products must be shipped and billed

in full carton quantities only.

Orders for broken cartons quantities will not be allowed.

Wiegmann products must be shipped in full carton

quantities only.

DELIVERY

Qualiﬁed shipments, within the Continental U.S., will be made prepaid by surface freight, F.O.B. shipping point, to one destination. Freight on qualiﬁed shipments to destinations outside the

Continental U.S. (including Alaska and Hawaii) will be prepaid and allowed to the U.S. port of export only. Hubbell reserves the right to use its own discretion in routing shipments for which Hubbell

assumes transportation charges.

If the Purchaser speciﬁes a more expensive routing or speciﬁc carrier, the Purchaser must assume total transportation charges. Premium freight charges are the responsibility of the Purchaser and

are not subject to cash discount.

SHIPPING AND

FREIGHT

Prepaid at $1,000

Prepaid at $2,000 (RACO)

Prepaid at $500 (TAYMAC)

Prepaid at $500 (BELL)

Prepaid at $1,500

PREMIUM

FREIGHT

Requests for premium freight by the Purchaser must be made in writing. All shipments for premium freight will be shipped collect freight charges.

WEIGHTS AND

DIMENSIONS

Catalog weight and dimensions are approximate and subject to change without notice.

ORDER

ACCEPTANCE

All sales are expressly limited to these terms and conditions and the right and intentions of the parties shall be governed exclusively by terms and conditions hereof. Where there is any conﬂict as

to whether Hubbell’s terms and conditions govern the contract, receipt and acceptance, whether under protest or otherwise, of the materials and supplies delivered hereunder shall be conclusive

evidence of the acceptance by the Purchaser of the contract on all of Hubbell’s terms. RTBWA accepts orders and bills at current published prices and terms even though incorrect prices and terms

may appear on the Purchaser’s order.

All orders are subject to ﬁnal acceptance by Hubbell and Hubbell reserves the right, in its sole discretion, not to accept any purchase order, including any purchase order issued in connection with

a quote provided by Hubbell. Orders will be accepted only from authorized Hubbell distributors. Any item(s) that is considered an abnormal order quantity by Hubbell can also, at the discretion of

Hubbell, be excluded from any and all delivery requirements.

CLAIMS

Claims by Purchaser for billing errors, shortages, freight

charges or allowances of any kind must be made within 30

days from receipt of material.

Claims by Purchaser for billing errors, shortages, freight

charges or allowances of any kind must be made within 30

days from receipt of material.

Claims by Purchaser for billing errors, shortages, freight

charges or allowances of any kind must be made within

15 days from receipt of material.

A. Shortages: Under FOB shipping point terms, title of material passes to the distributor when Hubbell delivers the material to its carrier. It is the distributor’s responsibility to resolve shortage

claims with the carrier.

B. Payment Responsibility: Any claim against Hubbell does not alter the distributor’s responsibility to pay invoices when due.

Summary of content (3 pages)

PAGE 1
COMMERCIAL, INDUSTRIAL AND RESIDENTIAL ELECTRICAL PRODUCTS 2017 DISTRIBUTOR TERMS AND CONDITIONS ACME ELECTRIC AGREEMENT TERMS PRICES RACO TAYMAC BELL WIEGMANN These Terms and Conditions and the provisions hereof constitute the entire agreement between: (i) Acme Electric, RACO, Bell, Taymac, or Wiegmann as applicable, (“RTBWA” or the Hubbell Commercial Construction Division of Hubbell Incorporated (Delaware) – hereinafter, “Hubbell”) and (ii) you (the ”Purchaser”) and supersede all statements, repres
PAGE 2
ACME ELECTRIC RACO TAYMAC BELL WIEGMANN Orders for specials, or standard goods in quantities larger than normal inventory, may NOT be cancelled once order is placed in production. CANCELLATION Wiegmann requires five (5) business days’ notice to insure a cancellation. All costs incurred directly and/or indirectly to date of cancellation will be charged when an order is cancelled. TAXES Published or quoted prices do not include sales, excise, use, or similar taxes. The Purchaser must pay applicable taxes.
PAGE 3
ACME ELECTRIC RACO TAYMAC BELL WIEGMANN During the applicable warranty period set forth above, with respect to any allegedly “Defective Goods”: EXCLUSIVE REMEDY 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.