Buyer's acceptance of delivery of all products sold by Fuji Electric Corp. of America ("Seller") shall constitute Buyer's acceptance of the terms and conditions of sale contained herein and on the order page completed by Buyer.

1. Prices
All prices are in the United States of America currency and include the cost of standard packing in accordance with the standards of the manufacturer. Unless otherwise specified herein, such prices do not include shipping and insurance charges.
All prices are subject to change without notice.

2. Quotations
Written quotations are valid for 30 days from its date unless otherwise stated in the quotation. Verbal quotations expire the same day they are made.

3. Taxes
The price does not include any taxes. Buyer shall be responsible for the payment of all applicable taxes.

4. Minimum Order
Buyer must place a minimum order of $150.00 with FEA in order to avoid a handling fee. Orders less than $150.00 will be charged a $50.00 handling fee.

5. Terms of Payment
Terms of payment will be stated on the quotation.

6. Delivery
Estimated delivery schedule information on the web site and promise date on order acknowledgment is not Seller's commitment. Seller shall not be liable for failure to ship, or delays in shipment by reason of strikes, fires, delays in Seller's source of supply, transportation delays, or other causes, whether similar or dissimilar, which are beyond the reasonable control of Seller.
Delivery of products shall be FOB point of origin in the U.S.
Seller shall determine the point of origin of shipment. All shipping costs shall be paid by Buyer.

7. Order Confirmation
Seller shall provide order acknowledgment, order rejection or order hold, via E-Commerce system, E-mail or Fax, of all purchase orders received from Buyer within 2 business days. For purpose of the foregoing, business days are days that Seller is open for business. All discrepancies in part number or price must be resolved before shipment. No credits will be issued after shipment.

8. Packing
Prices include Fuji standard domestic packing. Additional special packing costs required for export or Buyer requirements will be charged to Buyer.

9. Weight and Dimensions
The weight and dimensions of products described in the web site or product catalog are based on the best information available at the time of inception. As Seller follows a policy of continuous product improvement, design changes may make this information obsolete. Information on the web site and catalog is subject to change without notice.

10. Inspection and acceptance of products
Buyer is responsible for inspecting products upon receipt. All claims of shortage must be made within three (3) business days of the delivery of products.

11. Return / Cancellation
No product shall be returned or canceled unless return/order cancel authorization has been secured from Seller. All returns/cancellations must comply with Seller's then current Return / Cancellation policy.

12. Risk of Loss
Risk of loss or damage to the product shall pass to Buyer at the FOB point.

13. Catalog Disclaimer
The product information contained in the web site and product catalogs does not constitute an express or implied warranty of quality, any warranty of merchantability or fitness for a particular purpose is hereby disclaimed.
Since the Buyer's product information, specific application, and conditions of use are all outside of Seller's control, it shall be the responsibility of the Buyer to determine the suitability of any of the products mentioned for the Buyer's application.

14. One year Limited Warranty
The products identified on the web site and in our catalogs shall be sold pursuant to the terms and conditions identified in the Conditions of Sale issued by Seller with each order confirmation.
Except to the extent otherwise provided for in the Conditions of Sale issued by Seller, Seller warrants that the Seller products identified on the web site and in our catalog shall be free from significant defects in materials and workmanship provided the products have not been: (1) repaired or altered by persons others than Seller; (2) subjected to negligence, accident, misuse, or damage by circumstances beyond Seller's control; (3) improperly operated, maintained or stored; or (4) used in other than normal use or service. This warranty shall apply only to defects appearing within one (1) year from the date of shipment by Seller, and in such case, only if such defects are reported to Seller within thirty (30) days of discovery by Buyer.
Such notice should be submitted in writing to Seller at 47520 Westinghouse Drive, Fremont, CA 94539. The sole and exclusive remedy with respect to the above warranty whether such claim is based on warranty, contract, negligence, strict liability or any other theory, is limited to the repair or replacement of such product or at Seller's option, reimbursement by Seller of the purchase price paid to Seller for the particular product.
SELLER DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR IN WRITING, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Except as provided in the Conditions of Sale, no agent or representative of Seller is authorized to modify the terms of this warranty in writing or orally. In no event shall Seller be liable for special, indirect or consequential damages, including but not limited to, loss of use of the product, other equipment, plant, power system, loss of profits or revenues, cost of capital, or claims against the purchaser or user by its customers resulting from the use of information, recommendations and descriptions contained herein. Buyer agrees to pass on to its customers and users, in writing at the time inquiries and orders are received by Buyer, Seller's warranty as set forth above.

15. Force Majeure
In no event shall the Seller be liable for non-delivery or delays in delivery of the parts and software described herein or for failure or delay in the performance of any other obligations contained herein arising directly or indirectly from acts of God, unforeseeable circumstances, acts including delays or failure to act of any governmental authority, war, riot, revolution, priorities, fires, floods, weather, strikes, labor disputes, sabotage, epidemics, factory shutdowns, alterations, embargoes, delays or shortages in transportation, delay or inability to obtain or procure labor, manufacturing facilities, or materials, inability due to causes beyond the Seller's reasonable control to obtain timely instructions or information from the Buyer or causes of any other kind beyond the Seller control. The foregoing provision shall apply even though such causes may occur after the Seller's performance of its obligations has been delayed for other causes.

16. Arbitration
Any controversy or claim arising out of, or relating to this Agreement or any breach hereof, which cannot be amicably settled between the parties shall be settled by arbitration conducted in New York, New York, by the American Arbitration Association, in accordance with the rule then obtaining or said Association, and judgment upon any award rendered may be entered in any court having jurisdiction.

FECOA SHOP ORDERING AND SHIPPING POLICY (4/22/2013)

1. Shipping Address
FECOA SHOP accepts one shipping address per order. No shipments can be made to a P.O. box.

2. Minimum Order
No minimum order, however a handling charge will be applied as follows.
Handling charge = $60.00 minus the product total of your order.

3. Delivery
FOB point of origin is Fremont, CA USA. All shipping costs to be paid by Buyer unless otherwise specified on our quotation. Delivery information on this system is approximate, not our commitment and available stock is subject to prior sale.

4. Shipping Method
The following shipping methods can not be billed to a collect account, they will always be PREPAID and ADD.
UPS World Wide Express
UPS World Wide Expedited
Air Cargo Drop Ship

5. Shipping Costs
Credit card orders will be charged an estimated shipping cost based on product weight.

6. SAME DAY Shipment Request
Orders requesting SAME DAY shipment must be received by 12:00 PM Pacific Time and ship via next or second day delivery. Extra service fees will be charged for same-day urgent shipping, including same day expedite requests.

7. Order Change
No changes can be made to orders after check out without contacting Seller. Items can not be added after check out, new order must be placed.

8. Order Confirmation
An order acknowledgement, order rejection or order hold information will be sent within 24 hours through this system. All discrepancies in part number or price must be resolved before shipment. No credits will be issued after shipment.

9. Invoice
Invoices for FECOA SHOP purchases are sent by e-mail only. No other invoice is sent by postal mail. Your invoices may also be viewed at the FECOA SHOP web site in the INVOICE section.

RETURN/CANCELLATION POLICY (4/22/2013)

2. Cancellation Policy
Seller will accept cancellation request within 2 business days after receipt of order without penalty, except credit card orders, same day shipment or next day shipment. A 30% cancellation fee will be charged for request over 3 business days from PO date that have been processed.

Group A (See section 4.):
Customer orders, which have not yet shipped, from Seller's USA warehouse can be canceled without penalty, except credit card orders.(See above) These products can also be incorporated into annual stock rotation programs for Authorized Distributors.

Group B (See section 4.):
Customer orders for items, which are stock, which have not yet shipped from Seller's USA warehouse can be canceled without penalty, except credit card orders.(See above) Customer orders, which have been ordered from Seller's vendor, cannot be canceled. These items are not eligible for stock rotation programs for Authorized Distributors.

Group C (See section 4.):
These items are non-cancelable/non-returnable and are not eligible for stock rotation programs for Authorized Distributors.

Buyer must get return and cancellation approval by Seller.

3. Return - General:

All return products should be under proper packing. Seller has right to reject return products even though after issue RMA number if return items are not re-sellable condition.


4. List of Products Group

Group A

• All products in USEH530b catalog
• All products in USAH105f catalog except Motor Starters / Reversing Contactors and Reversing Motor Starters / discontinued products / Solid State Relay
• All Products in USEH240d catalog except MCCBs and ELCBs with any internal accessories like shunt trip and over 400A frame MCCBs and their accessories.
• Products in USEH417 catalog (AH165-E, AH165-SF, AH165-TF, AH165-P, AH165-J, AJ165-Z, AH165-ZS, AH165-ZT)
• Products in USEH417 catalogs (AR22F0R, AR22E0R, AR22M0R, AR22M5R, AR22M4R, AR22G3R, AR22M3R, AR22V2R, AR22F0L, AR22E0L, AR22G4L, AR22V2L, DR22D0L, DR22E3L)
• Products in USEH417 catalogs (AR30F0R, AR30E0R, AR30M0R, AR30M5R, AR30M4R, AR30B3R, AR30G1R, AR30M3R, AR30B0R, AR30V2R, DR30D0L, DR30E3L)
• All products in 62C1-E-022 catalog except Motor Starters / Reversing Contactors and Reversing Motor Starters

• Products in USAH105f catalog not shown in the above mentioned group A except discontinue products
• Products in USEH240d catalog not shown in the above mentioned group A.
• Products in USEH417 catalogs not shown in the above mentioned group A.
• Products in USAH302 (RB104, RB105, RS4N, RS6N, CP31F, CP32F).
• Low Voltage Fuses in D&C catalog section 08 (AFAC, BAC, BLA, FCF, FCK, BLC, CR, CS).

• All other products