MONSTER ELECTRICAL
GENERAL TERMS & CONDITIONS
Last revised: May, 2022
Carefully read these terms and conditions of use (“Terms & Conditions”) as they govern the purchase of Products from Monster Electrical LLC, dba Monster Fuses and/or Monster Controls (“Monster Electrical,” “we,” “us,” and “our”)and your access to and use of the Monster Electrical Website to purchase Products or other purposes.
Definitions:
Products: Products offered for sale, and purchase and sold through our Website, via phone, email, or any other method including any related or ancillary services.
Website: The Monster Electrical website and e-commerce store, including www.monsterelectrical.com.
1. Account Set-Up.
You agree to: (a) provide true, accurate, current, and complete information when establishing and setting up an account with us, and registering to use our Website and other services (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Monster Electrical has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Monster Electrical may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
2. Accuracy and Integrity of Information
Although Monster Electrical attempts to ensure the integrity and accuracy of the Website, product catalogs, marketing and promotional items and other materials (collectively, “Materials”), it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of information we provide, including the Website, Website Content and other Materials. It is possible that the information could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Monster Electrical so that it can be corrected. Monster Electrical reserves the right to unilaterally correct any inaccuracies without notice. Information may be changed or updated without notice. Additionally, Monster Electrical will have no responsibility or liability for information or Materials, Content posted to the Website from any non-Monster Electrical affiliated third party.
3. Typographical Errors and Incorrect Pricing
In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for a Product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
All prices are quoted and payable in U.S. dollars only. Prices are subject to change without notice. The price will be deemed accepted and conclusively binding upon you when shipped from point of origin unless Monster Electrical and You expressly agree in writing otherwise. All goods sold on open account will be due and payable pursuant to the terms and conditions stated on each Monster Electrical Confirmation or Invoice. Time of payment is of the essence. Failure to promptly pay any Invoice according to its terms is a material default. Any default authorizes Monster Electrical to accelerate all payments due and allows Monster Electrical to withhold shipping goods and/or reclaim goods in your possession, custody or control. All past due amounts shall accrue interest at the rate of 1.5% per month percent (18%) per annum. You are ineligible for any discounts while maintaining an outstanding balance.
4. Taxes & Fees
All goods are sold exclusive of sales tax, Federal, state or local excise taxes, transfer taxes of any sort, shipping and handling. All such taxes and fees are your responsibility. In the event that any tax or fee results from your purchase of goods, Monster Electrical will invoice you and you expressly agree to pay. Regardless of Monster Electrical’s right to invoice for any tax or fee resulting from the sale of goods, you expressly agrees to remain ultimately responsible for all Taxes and Fees. In the event that payment for any purchased goods is dishonored, you shall pay to Monster Electrical an insufficient funds fee for each dishonored payment in an amount not to exceed that which is available by law, including costs and expenses related to the collection of the dishonored payment.
5. Order Acceptance; Returns
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
6. Inspection
Upon receipt, you shall immediately test and assure that all purchased goods meet any specific criteria or are fit for the particular purpose that you intend the goods to be used. Monster Electrical assumes no obligation to test or install any purchased goods. Monster Electrical is not obligated to accept or issue credit for returned goods which, in Monster Electrical’s sole discretion, appear to have been installed or used in any manner. Further, purchased goods may not be rejected for failure to meet stated or guaranteed performance characteristics if actual performance characteristics are within reasonable tolerance of those stated or guaranteed by Monster Electrical. In the event you reject any purchased goods, you must immediately notify Monster Electrical in writing with the following information: (1) that you are rejecting good(s) as non-conforming; (2) identify the specific good(s) that are being rejected; and (3) provide a specific reason why you consider the goods to be non-conforming. Upon proper written notice, Monster Electrical has the right to correct, repair, or replace the rejected goods. Monster Electrical shall exercise its right to cure the deficiency in a reasonable time period. Failure to provide the required information renders your rejection wrongful.
7. Returns
Purchased conforming goods cannot be returned without Monster Electrical’s advance written authorization and will be subject to a restocking fee. All returned conforming goods are subject to inspection prior to Monster Electrical accepting the return. In no event will Monster Electrical accept return of any goods more than thirty (30) days following the date of the Invoice relating to such goods. You remain solely responsible for all costs, including shipping, insurance or restocking fees associated with the return of conforming goods. All returned conforming goods that are accepted by Monster Electrical shall cause you to pay a restocking fee not to exceed 50% of the returned goods Invoiced Price.
8. Quantity Limits and Dealer Sales
Monster Electrical reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Monster Electrical and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.
9. Delivery
All goods are delivered to you FOB Origin. Monster Electrical will not be liable for any delays in shipment or delivery or any failure to ship or deliver due to causes beyond Monster Electrical's control, including without limitation, fire, flood, war, riot, strike, labor difficulties, pandemic or other widespread outbreak of disease, natural disaster, domestic or foreign governmental regulations or orders, shortages of or inability to obtain materials, Product, shipping space or transportation. Monster Electrical retains the right to ship Products in installments or in any fashion that it deems reasonably necessary to fulfill your order. If a shipment/delivery date is specified, that date may be extended as Monster Electrical deems appropriate, not to exceed sixty days. If Monster Electrical fails to make delivery, repudiates, or is in breach in any fashion, your exclusive remedy is limited to replacement of purchased goods or, at Monster Electrical’s sole discretion, refund of any paid fees or invoices.
10. Ownership of the Website
All pages, features and content within our Website and any material made available for download are the property of Monster Electrical, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms & Conditions or otherwise approved in writing by Monster Electrical. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Monster Electrical without our express written consent.
11. Access to the Website, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms & Conditions or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Violations of system or network security may result in civil or criminal liability. Monster Electrical will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
In the event access to the Website or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Monster Electrical. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Website may be revoked by Monster Electrical at any time with or without cause. You agree to defend, indemnify and hold Monster Electrical harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Monster Electrical arising out of your breach of these Terms & Conditions or violation of applicable law, your use or access of the Website, or access by anyone accessing the Website using your user ID and password.
12. Online Payments
You can purchase Products on or through our Website. We accept credit and debit cards issued by US banks, and orders from customers with an approved line of credit or applicable payment arrangement or accommodation. If a debit or credit card account is being used for a transaction, Monster Electrical may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. Please contact us promptly if you would like to designate a different credit card or if there is a change in your credit card. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
13. Export Policy and Restrictions
You acknowledge that the Products which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received. You agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any Products, you agree that you will not use any Products, or provide Products to any person, who is forbidden from receiving the Product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Monster Electrical from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
14. Disclaimer of Warranties
Monster Electrical is a distributor and not a manufacturer. You are required to determine directly from the manufacturer's tests, or from your own tests, the suitability of the Products for any application and you shall be guided solely by the results of such tests and your own knowledge. Monster Electrical is not responsible for any misuse, neglect, accident, reconfiguration, or alteration, improper installation or use of any purchased Products by you or others. You agree and represent that you are responsible for following applicable National Electric Installation Standards (“NEIS”) as well as any applicable sections in the National Electrical Code (“NEC”), whichever provides more stringent standards or procedures for the handling, installation, and storage of Products. You warrant that you will not bind or purport to bind Monster Electrical to any affirmation, representation, or warranty with respect to any goods or services to any third party. Statements relating to Monster Electrical’s Products are not representations or warranties except to the extent the contrary is expressly set forth herein. Products will be identified on Monster Electrical Confirmation or Invoice as: FN for Factory New, FS for Factory Surplus, NS for New Surplus, RC for Reconditioned, EOK for Electrical OK, UD for Used. Any available applicable warranty for FN goods shall be provided through the manufacturer. Monster Electrical warrants that Factory Surplus, New Surplus and Reconditioned goods sold to you shall be free from internal defects for one year from Invoice date. Your sole remedy, and at Monster Electrical’s sole discretion, shall be replacement of the defective Product(s) or a refund of the paid Invoiced Price. Monster Electrical’s warranty is effective for one year from the Invoice date. PRODUCTS sold as EOK are sold “AS IS”, and Monster Electrical expressly makes NO WARRANTY. Goods sold as UD are sold “AS FOUND, AS IS” and Monster Electrical expressly makes NO WARRANTY. All other express or implied warranties, other than the manufacturer’s warranties and MONSTER ELECTRICAL’s written warranties as describe above, and any language or packaging that might be construed as express or implied warranties are excluded. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY MONSTER ELECTRICAL. MONSTER ELECTRICAL MAKES NO OTHER WARRANTY, COVENANT OR REPRESENTATION, EITHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT AS EXPRESSLY SET FORTH HEREIN. THERE IS NO WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATIONS OF FITNESS FOR ANY PARTICULAR PURPOSE SHALL BE IMPLIED FROM SPECIFICATIONS, IF ANY, SET FORTH HEREIN, OR BY THE NATURE OF THE GOODS OR BY ANY LANGUAGE ON LABELS OR PACKAGING.
15. Limitation of Liability Regarding Use of the Website
MONSTER ELECTRICAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MONSTER ELECTRICAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. MONSTER ELECTRICAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY MONSTER ELECTRICAL ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
MONSTER ELECTRICAL AND ANY OF ITS THIRD PARTIES SUPPLIERS OR VENDORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO PRODUCTS OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCT OR THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF MONSTER ELECTRICAL IS THE LESSER OF $500 (FIVE HUNDRED DOLLARS) OR THE AMOUNT ACTUALLY PAID TO MONSTER ELECTRICAL FOR THE GOODS OR SERVICES OBTAINED HEREIN.
YOU FURTHER AGREE TO INDEMNIFY AND HOLD MONSTER ELECTRICALHARMLESS FOR ANY CLAIM OR CAUSE OF ACTION BROUGHT AGAINST MONSTER ELECTRICAL BY A THIRD PARTY IN CONNECTION WITH YOUR PURCHASE OF GOODS OR SERVICES FROM MONSTER ELECTRICAL.
16. Links to Other Sites
Monster Electrical makes no representations whatsoever about any other website that you may access through the Website. When you access a non-Monster Electrical website, please understand that it is independent from Monster Electrical, and that Monster Electrical has no control over the content on that website. In addition, a link to a non-Monster Electrical website does not mean that Monster Electrical endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Website, you do this entirely at your own risk.
17. Dispute Resolution.
In the event of any dispute or claim under or relating to these Terms of Use or any of our Products, you agree to resolution of such dispute in the state or federal courts located in and for Portland, Oregon in accordance with Oregon law.
18. Revisions; General
Monster Electrical reserves the right, in its sole discretion, to (a) modified these Terms and (b) terminate your access to all or part of the Website, with or without cause, and with or without notice. In the event that any of the Terms & Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms & Conditions shall otherwise remain in full force and effect. These Terms & Conditions constitute the entire agreement between Monster Electrical and you pertaining to the subject matter hereof. In its sole discretion, Monster Electrical may from time-to-time revise these Terms & Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms & Conditions, so you are aware of any such revisions to which you are bound. Your purchase of Products or your continued use of the Website after revisions to these Terms & Conditions shall constitute your agreement to the revised Terms & Conditions. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms provided separately by Monster Electrical with or in connection with the sale of Products, or located on particular pages within the Website.