Terms and Conditions

Terms of Use:  Pacific Coast Breaker (“PCB”), its subsidiaries and affiliate companies, maintain this site (the “Site”) to provide information about industry products and services. This Site is for informational purposes only and may contain proprietary information which may not be copied, distributed or disseminated without written consent by authorized PCB personnel. Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions which may be modified from time to time. You may review the most current version of the Terms and Conditions at any time at www.pacificcoastbreaker.com. Any new features that augment or enhance the Site shall be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.

The Site:   As a visitor to the Site, you are free to browse the various web-enabled services that make up the Site. In the future, we may expand the Site to include various web-enabled features that may require registration as a user with password and account security obligations. Please check back with us regularly to review these Terms and Conditions as they will change to accommodate our enhancements. Material available on the Site may be referred to as "Licensed Content." You may view but not reproduce, sell or otherwise transfer the Licensed Content.

Privacy:   PCB values its relationship with visitors and customers and therefore makes every effort to safeguard personal information while also making product and service information available to our customers. PCB uses secure encrypted technology when processing orders. PCB will not share or disclose personal information with third parties without the customer’s written consent.

Payment Terms: Unless otherwise stated, all payments shall be in United States dollars. All sales are pre-paid unless other arrangements have been made prior to sale.

Open/Revolving accounts: Unless otherwise agreed in writing, terms of payment are in full 30 days from date of invoice. All past due accounts will be charged interest at the rate of 1 1/2% per month. All orders are subject to the approval of Seller’s credit department and Seller may require full or partial payment in advance. 

Shipping: All prices are F.O.B. McClellan CA unless otherwise stated by Seller. Seller will not be responsible for any loss, delay or breakage after receipt of an executed bill of lading or other shipping documents from the transportation carrier indicating the goods have been shipped in good order. Seller shall incur no liability for damage, shortages, or any other cause alleged to have occurred or existed at or prior to delivery of the equipment to the carrier, unless full details are entered on Buyers receipt documentation to the carrier.               

Delivery: Except as otherwise specified in this document, title will pass and delivery will be F.O.B. point of shipment at Seller’s warehouse in McClellan, CA. Risk of loss or damage will pass to Buyer upon delivery to carrier. 

Delays:   Seller shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of fire, labor troubles, accidents, acts of civil or military authorities, or from any other cause beyond Seller’s control.

Definitions:

New:   The seller guarantees that the apparatus is new in condition, commonly purchased from the original equipment manufacturer thru distributorship channels, and will operate satisfactorily with competent supervision, under normal load usage and conditions. Such guarantee will extend for a period as long as the original guarantee by the manufacturer, unless otherwise stated by Seller, but in no event greater than one year from the date of delivery to the carrier. The manufacturer’s original warranty may or may not apply depending on the type of apparatus sold.

As Is:  The goods purchased by the Buyer have been purchased “as is” and “with all faults”. The Buyer acknowledges that no warranties or merchantability or fitness for any particular purpose are to be implied in this transaction.

Unused Surplus: The Seller guarantees that the apparatus is unused and will operate satisfactorily with competent supervision, under normal load usage and conditions. Such guarantee will extend for a period as long as the original guarantee by the manufacturer, unless otherwise stated by Seller, but in no event greater than one year from the date of delivery to the carrier.  

Reconditioned:     The Seller guarantees that the apparatus, whether, unused surplus, or used will operate satisfactorily as described above. Reconditioned may include the following; opening the case, removing the backshield, modifying the external or internal  configuration, repairing or replacing component parts, changing any markings on the breaker to indicate a different amperage, interrupting rating, or other value than originally marked, and adjusting the calibration of the circuit breaker.

Warranty: Company warrants that on the date of shipment to Purchaser, the goods will be of the kind and quality described herein, merchantable, and free of defects in workmanship and material.

If apparatus fails to operate within one year of the date of delivery to carrier, Seller agrees, at its option to replace, or rework the apparatus or parts causing it to not operate. All warranty work will be performed at Sellers facility in McClellan, CA. The warranty does not include expenses for removal from and replacing back in service, down time, lose of use, or expenses for returning goods to Seller. The replacement apparatus will have a warranty that is extended 60 days beyond original warranty period. The forgoing warranty will not apply to defects within the guarantee period resulting from accident, negligence, abuse or misuse, improper storage or maintenance, improper installation, damage in transit, alterations, or repairs performed by third parties subsequent to the sale or service by Seller. 

This warranty is expressly in lieu of all other warranties including but not limited to implied warranties or merchantability and fitness, and constitutes the only warranty of company with respect to the goods.

Cancellation: Orders may be terminated by Buyer only upon written notice prior to shipment and upon payment of reasonable and proper termination charges, plus 25% of the contract price.

Government Contracts: Seller is not bound to honor quotations for equipment purchased by or for governments of any kind unless Seller has been advised in writing at the time of quotation that it is a government job. 

Nuclear: Purchaser represents and warrants that the goods covered by this contract shall not be used in or in connection with a nuclear facility or application.

Limitation of Liability: Neither Company nor its suppliers shall be liable, whether in contract, warranty, failure of a remedy to achieve its essential purpose, tort (including negligence), strict liability, indemnity or and other legal theory, for loss of use, revenue or profit, or for cost of capital or of substitute use of performance, or for indirect, special, liquidated, incidental or consequential damages, or for any other loss or cost of a similar type, or for claims by Purchaser for damages of Purchaser's Customers.

Governing Law and Assignment: The laws of the State of California shall govern the validity, interpretation, and enforcement of this contract. Assignment may be made only with written consent of both parties.

Taxes: The amount of the present or future sales, revenue, excise, or other taxes applicable to the products sold shall be added to the purchase price and shall be paid by the Buyer or in lieu thereof the Buyer shall provide us with a tax exemption certificate acceptable to the taxing authorities.

Attorneys' Fees:  If the Company has to take any action to collect monies owed it relating to this transaction or seek any legal relief against the Customer related to this sale, the Customer shall pay to the Company a reasonable sum for attorneys' fees incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.  Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorneys' fees and costs incurred in enforcing such judgment.  For purposes of this section, attorneys' fees shall include, without limitation, fees incurred in the following:  (a) post-judgment motions and collection actions; (b) contempt proceedings; (c) garnishment, levy and debtor and third party examinations; (d) discovery; and (e) bankruptcy litigation.

Return Policy: All returns will be subject to a 25% restocking fee plus all freight charges. All returns must be requested within 30 days of invoice date and must be issued a Return Material Authorization (RMA) number from PCB. Returns must be clearly marked with the RMA number on packaging for proper identification and processing. Please allow 7-10 days for credit processing once returned material is received by PCB. Packaging and insurance is the responsibility of the shipper and no credit will be issued for lost or damaged goods. After 30 days, no credit will be issued. To request a RMA please contact sales 1-800-755-8098 or email sales@pacificcoastbreaker.com.

Mechanics Lien Law: Under the mechanics lien law (California code of civil procedures, section 1181 ET SEQ.). Any Contractor, sub-contractor, laborer, supplier or other person who helps to improve your property, but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor if full. If the sub-contractor, laborer, or supplier remains unpaid, a charge of 1-1/2% per month (18% annual rate) will be made on past due accounts.

Catalog weights are estimated, not guaranteed. The Company assumes no responsibility for tariff classifications of carriers.

Subscriber Conduct:   You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not PCB are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will PCB be liable in any way for your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted Via the Site. You agree to not use the Site to:
(a) email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site;
(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;
(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(g) email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(h) interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations.

Indemnity:  By accessing and using the Site, you agree to indemnify and hold PCB, its subsidiaries, affiliates, officers, suppliers, co-branders or other partners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any Rights.

Modifications to the Site:  PCB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Licensed Content with or without notice. You agree that PCB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. PCB has no obligation and assumes no duty to revise or update the Site (or any part thereof) or any Licensed Content placed on the Site, even if new information regarding PCB products or services or other Licensed Content becomes available for disclosure.

Termination:  You agree that PCB, in its sole discretion, may terminate your use of the Site, and remove and discard any materials created or transmitted by you through the Site, for any reason, including, without limitation, for lack of use, or if PCB believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site under any provision of the Terms of Use may be effected without prior notice. Further, you agree that PCB shall not be liable to you or any third party for any termination of your access to the Site.

Dealings with Advertisers:  Your correspondence or business dealings with, or participation in promotions of sponsors, partners, advertisers or other third parties found on or through the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. PCB specifically disclaims any obligation to review, test or otherwise confirm the accuracy of any information placed on the Site or otherwise obtained from such sponsors, partners, advertisers or other third parties. PCB also specifically disclaims any duty or obligation to revise the Site (or any part thereof) or any Licensed Content in connection with any changes in federal, state or local laws or regulations. You agree that PCB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. However we may be privy to and use personal information provided by you to such parties.

Links:  The Site contains links to third party WorldWide Websites or resources. Because PCB has no control over such sites and resources, you acknowledge and agree that PCB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that PCB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.

PCB’s Proprietary Rights:  You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of PCB. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms and Conditions, and other information and material found on the Site and all intellectual property relating thereto (all of which are included in and as the "Licensed Content"), is owned by PCB or its subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with the terms and conditions of this Agreement, PCB grants to you a restricted, nonexclusive, non-transferable, non-sublicense able license to use the Site and Software solely as follows:

• to access the Licensed Content and Software from the Site solely for your use. You may not re-license, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.

• You may not sell, distribute, transfer, modify copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or use the Licensed Content to compete with PCB or create your own website for use by others based on or containing the Licensed Content that is accessible to third parties. You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within ten (10) days of notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. PCB grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site and Software, including all updates and modifications thereto. You do not acquire any rights, express or implied, in the Software or Site other than those limited rights of access specified in this Agreement.