The premiere authorized distributor of electrical products serving the needs of utility, industrial, and commercial customers

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Disclaimers:
All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk. And we will not be liable for any losses and damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.

Website Terms of Use:
Welcome to Electrical Controller Products . By continuing to use and browse our site you understand and accept to comply with the following Terms and Conditions. These Terms and Conditions along with our Privacy Statement govern the relationship between the visitor (“You”) and Electrical Controller Products  (“ECP”, “we”, “us”).

Terms and Conditions:
The content found within our website is for your general information only. We reserve the right to change it without notice.

ECP does not provide any guarantee of the accuracy or otherwise suitability of the content provided on our website for any particular use or purpose. You understand that the content found on our website may contain errors and we expressly exclude liability for any applicable inaccuracies. If you must make use of information found in our website, you understand that you may do so at your own risk and ECP will not be liable.

Partial or entire reproduction of our website without our expressed written permission is hereby prohibited.

On occasion, we will include a number of external links to websites that we believe are related to certain topics covered throughout our website. These links are provided for your information and convenience but we do not guarantee the accuracy or otherwise suitability of information found within any of these links. We do not endorse these linked sites nor claim credit on any of their content. You may visit these sites at your own risk.

Any disputes or issues derived from your use of our website are subject to the United States and State of Texas corresponding Laws.

Visitors of our website are deemed to have understood and accepted our Terms of Use. Otherwise, ECP asks visitors who don't agree with our Terms of Use to kindly leave the site and at their discretion, to check us out from time to time for any changes that may be satisfactory to their requirements.

We hope you have a good experience while at our site and thank you for your visit!


General Terms and Conditions:

General:
Electrical Controller Products, Inc. (hereinafter called “ECP”) and Buyer agree that the following terms and conditions shall govern services and related products, which ECP may agree to furnish. These terms and conditions, as supplemented by any special terms and conditions (including definition of scope of work) are intended to set forth the final, complete and exclusive statement of the terms of agreement between ECP and Buyer with respect to products and services furnished by ECP.

Quotations:

Quote validity is 30 days from its date unless stated otherwise, except for materials including copper, steel, or aluminum, which shall be good for a max 7 days.

Prices:
Prices are subject to change without notice. For products, prices will be the prices in effect at the time of shipment by ECP. In the event of a price change for services or products, the effective date of the change will be the date shown on the new price or rate sheets. Pricing is based on the assumption that all work will be performed as scheduled and work can proceed unimpeded once begun. For any service work that is impeded, ECP reserves the right to bill for the delays. Third Party content will be billed at a minimum of cost plus 25%, unless communicated otherwise. Fuel surcharges shall be added for any increase of fuel prices of more than 5% from level at time of quote.

Scope of Service - Products & Changes:
The services and products supplied shall be as set forth in the quotation provided. For any scope changes required after the order is placed, ECP will prepare a written Change Order, to be signed by both parties before proceeding with the changes.

Scheduling of Service:
Buyer shall give written notice reasonably in advance of the date on which ECP is scheduled for service. ECP shall promptly inform Buyer whether the personnel will be available on that date, and if not, the nearest date on which they will be available. ECP reserves the right to delay performance of any scheduled work due to Buyer not meeting ECP’s required credit terms.

Provisions of Facility:
Buyer shall be responsible for providing at its own expense all things necessary to enable ECP personnel to perform field services requested, including without limit, equipment operators; labor, craftsmen, foremen; rigging, tools, crane, scaffold, burning and welding equipment, instruments; lubricants; cleaning materials; telephone; storage space for any special equipment furnished by ECP; equipment manuals; first aid facilities; safety equipment. Buyer shall also be responsible for informing ECP, prior to agreement on the price of services, and of any local permits or fees which may be required for ECP personnel to perform field service.

Repair & Overhaul:
In the event that Buyer’s equipment may be in the custody or control of ECP in connection repair, overhaul work or other services, risk of loss or of damage to such equipment shall remain with Buyer at all times.

Delivery of Products:
Unless otherwise specified, all products are shipped F.O.B. shipping point, regardless of transportation costs being “allowed,” “prepaid” or “collect”. Transportation charges incurred from the nearest accessible common carrier point to final destination or to ship-side are the responsibility of the buyer. ECP will determine point of origin of shipment, method of transportation, and routing of shipment. Except in the event of F.O.B. destination shipments, ECP will not participate in any settlement of claims for concealed or other shipment damage. For F.O.B. destination shipments, the Buyer must unpack immediately and, if damage is discovered, notify the carrier in writing on carrier’s delivery receipt and request the carrier to make an inspection, and notify ECP within 72 hours of delivery.

Minimum Billing:
Charge to Buyer for field services will be as quoted for Fixed Price jobs. Jobs on a T&M basis for after hours, weekends, and holidays will include lapsed time from the time of departure of the personnel from their station, or previous assignment, until their return to their station or subsequent assignment. Jobs on a T&M basis will be billed on a 4 hour minimum. Mileage will be billed at $ 1.50 per mile on a round-trip basis. Special preparation before departure, or complementary follow-up work after return to station, may require additional time to be charged. For services, all prices are based upon straight time for eight hours per weekday shift. Overtime will be after 8 hours, after normal working hours, and on weekends and will be billed at time and a half. Holidays will be billed at double time. Buyer shall reimburse ECP for all reasonable expenses incurred for ECP personnel in connection with field services from the time of departure until return to headquarters. Such expenses shall include but are not limited to: air and ground transportation, lodging, food, gratuities, etc

Payment:
Products will be paid for on the basis of a lump sum price and will be billed for at time of product shipment. Services will be paid for either on the basis of a lump sum price, if so quoted, or on the basis of time and materials. For projects involving service that last more than one week, ECP will bill for progress payments. All pricing excludes Federal, state or local property, license, privilege, sales, service, use, excise, gross receipts or other like taxes which may now or hereafter be applicable to, measured by or imposed upon or with respect to the furnishing of the products and services. Payments shall be made within 30 days from date of invoice, in United States dollars at the offices of ECP shown on the invoice. Overdue payments are subject to a late charge equal to 1.0% per month or the highest rate allowed by law.

Warranty:
ECP warrants to Buyer that services will be performed in a workmanlike and competent manner and that recommendations for corrective action made in connection with technical investigations, inspections, or similar services, will be based on ECP’s best judgment in light of the facts then known. ECP warrants that the products provided by it will be as described in its quotation and will be free of defects in workmanship and material. Should any failure to conform with the warranty set forth appear within one year from the delivery of the products or within 12 months after the provision of the services, and if promptly notified thereof in writing, ECP will, at its option, either re-perform the services without charge, repair or replace the products, or refund to Buyer an agreed amount to cover the nonconforming services or products. ECP shall not be responsible for gaining access to any products supplied or serviced equipment or for disassembly, re-assembly or transportation of any products or equipment from or to the place of installation. Products supplied by ECP, but manufactured by others, are warranted only to the extent of the manufacturer’s warranty. The foregoing warranties are exclusive and in lieu of all other warranties of quality, performance, and results, whether written, oral, or implied, and all other warranties, including any warranty or results, merchantability or fitness for purpose are hereby disclaimed. Correction by ECP of nonconformities, re-performing services, repair or replacement or refund of amounts paid, in the manner and for the period of time provided above, shall be Buyer’s exclusive remedy and shall constitute fulfillment of all liabilities with respect to the services rendered or products supplied, whether in warranty, contract, negligence, tort, strict liability or otherwise, except to the extent prohibited by law.

Indemnity & Insurance:
ECP will indemnify and hold Buyer harmless from and against claims of third parties for personal injury, death or damage to third party personal tangible property to the extent caused directly and solely by the intentional or negligent acts of ECP personnel while on or about Buyer’s premises but not to any such losses resulting from the implementation of any recommendations, conclusions, or advice rendered in connection with the services performed under this Agreement. ECP’s obligation to indemnify Buyer is conditioned on Buyer’s giving ECP prompt notice of any loss, damage or claim, and providing ECP a full opportunity to participate in the defense and to approve any settlement thereof. ECP shall not be liable for, and Buyer shall indemnify and hold ECP harmless from and against claims for personal injuries or death suffered by Buyer’s officers, employees or invitees and arising out of or in connection with performance of services by ECP for buyer.

Limitation of Liability & Disclaimer of Service:
The total liability of ECP arising out of or in connection with the provision of services and products shall be limited to the price of the service provided or product or part supplied by ECP upon which such liability is based. ECP shall not, under any circumstances, be liable, contract, tort, negligence, strict liability, failure of remedy or otherwise for loss of profits or revenue, loss of use of any equipment or technology, damage to other tangible property of Buyer, cost of capital, cost of substitute power or equipment or services, downtime costs, delays or claims of Customers or third parties, or for any special, indirect, incidental or consequential damages whatsoever.

Force Majeure & Liquidation Damages:
ECP shall not be liable for failure to perform or for delay in performance due to, any cause beyond its reasonable control, or fire, flood, strike or other labor difficulty, act of God, act of governmental authority or of the Purchaser, riot, terrorism, embargo, fuel or energy shortage, wrecks or delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities from usual sources. ECP will not accept any penalty or liquidated damage clauses of any kind, or any liability arising from such clauses, unless specifically approved in writing by an authorized representative of ECP.

Title - Risk of Loss:
The product sold shall remain the property of ECP and shall remain personal property until fully paid for in cash, and the Buyer agrees to perform all acts which may be necessary to perfect and assure retention of title to such product by ECP. Risk of loss of the product, or any part of same, shall pass to the Buyer upon delivery of such product or part at the designated delivery or F.O.B. point.

Contract Variations:
Where Buyer’s specifications are not sufficiently detailed, ECP reserves the right to supply the product or service in line with, in ECP’s judgment, good commercial practice. Any order or contract may be terminated by the Buyer only by written notice and upon payment of reasonable and proper termination charges (Direct costs + 20% and 10% of final net price). Any orders held, delayed or rescheduled beyond a reasonable period of time will be treated as a Buyer termination. When products are ready for shipment and shipment cannot be made because of reasons beyond ECP’s control, ECP shall submit an invoice for such product and shall, upon written notice to the Buyer, store and invoice for such products, with risk of loss of the product passing to the Buyer. ECP shall have the right to cancel at any time by written notice for any material breach of the contract by the Buyer.

Returning of Products:
Product may not be returned except with the written agreement of ECP and subject to terms specified by ECP. In general, engineered products cannot be returned.

Pre-Existing Site Conditions:
It is understood and agreed that nothing herein shall be interpreted as placing any responsibility or liability on ECP for pre-existing site conditions, including but not limited to pollution, contamination, hazardous waste or toxic material; or for the generation, emission, or disposal of such substances not directly attributable to ECP’s acts or omissions.

Arbitration:
Any unresolved claim, dispute or controversy arising out of or relating to this Agreement, including claims, dispute or controversies, shall be submitted to binding arbitration in Houston, Texas, under the Commercial Arbitration Rules of the American Arbitration Association then in effect.

Choice of Law:
The construction and performance of this agreement and the rights and remedies of the parties hereof shall be governed by the laws of the State of Texas.
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