Terms and Conditions

These Terms and Conditions are between you and Galuppo Electric LLC (“Galuppo Electric”) and is made effective on the earlier of either: your use of this website (“Site”); the date of electronic acceptance; or receipt of a signed check or Credit Card authorization by the Galuppo Electric acknowledges acceptance of our terms and conditions.  These Terms and Conditions sets forth the terms and conditions that apply to Your use of this Site and the products or services purchases or accessed through this Site.  The terms “You”, “Your”, or “Customer” refer to any individual or entity who accepts these Terms and Conditions. Please review the following Terms and Conditions, including an Arbitration Agreement, which govern your use of the Site and Services. 

Services. The Services included in your purchase are set forth in the estimate provided to You by the Galuppo Electric or are included in any order You place through the Site (“Services”).  Galuppo Electric may, in its sole discretion, utilize third parties in providing the Services to You.

Fees and Payments. You agree to pay all amounts due for Services as set forth in the estimate provided to You by the Galuppo Electric or that are included in any order You place through the Site.  Additionally, You agree to pay all amounts due for Services provided in addition to those in the estimate if required because of inaccuracy of information provided by You or approved by You during the Services. All amounts (including any deposits for Services) are non-refundable regardless of Your actual use of the Services, unless otherwise noted. 

A deposit of 30% of the total estimate must be received by the Galuppo Electric before your Services will be scheduled.  Personal or company check, bank draft, wire transfer, or Amex, VISA, Mastercard and Discover/NOVUS are accepted.  The balance of the total cost is payable upon completion of the Services.  All prices are quoted in U.S. dollars. Reservation prices cannot be guaranteed if all payments are not received by Galuppo Electric by the due dates.  If payment is not received by the payment due date, Galuppo Electric may charge You a late payment interest charge of the lesser of 1.5% per month or the maximum rate allowed by applicable law, plus all expenses of collection. 

Site Conditions and Cooperation. You are responsible for (i) providing adequate access to any facilities necessary for performance of the Services; (ii) ensuring all other trades have completed the work necessary to allow Services to be performed; and (iii) for acquiring any necessary permits. You agree to cooperate in good faith with Galuppo Electric for the provision of the Services. If You violate this section, Galuppo Electric is not responsible for any resulting delays in the performance of Services. 

Use of Suppliers/Subcontractors. Except as otherwise required by law, Galuppo Electric may at any time, and without notice, use the services of one or more suppliers or subcontractors in connection with the performance of its obligations under these Terms and Conditions.

Warranty. Galuppo Electric warrants and guarantees that Services shall be free of any material defective in workmanship under normal use and conditions for one year. This warranty shall be void in the event of damage or repairs resulting from abuse, misuse or improper use, neglect, Acts of God, unauthorized alteration, modification, or repair or improver operation. You agree that Galuppo Electric’s responsibility with respect to claims made under this warranty shall be limited solely to the necessary service, repairs or replacement, in Galuppo Electric’s sole discretion. You agree to provide Galuppo Electric written notice of any claim under this section and 30 days to cure any breach of this warranty. 

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.  TO THE EXTENT NOT PROHIBITED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, STATUTORY OR OTHERWISE, IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURITY. GALUPPO ELECTRIC DISCLAIMS ANY RESPONSIBILITY FOR LOSS OR DAMAGE DUE TO THE CHARACTED, CONDITION OR USE OF THE STRUCTURE WHERE SERVICES ARE PROVIDED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GALUPPO ELECTRIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.  THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES.

Confidentiality. These Terms and Conditions and any estimate or pricing information are considered Confidential Information of Galuppo Electric, and you agree not to disclosure this information to any third party. 

INDEMNITY.  You agree to indemnify, defend and hold harmless Galuppo Electric and its employees, agents, and third party service providers from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, and damages imposed upon or incurred by Galuppo Electric directly or indirectly arising from Your violation of any provision of these Terms and Conditions.  The indemnification obligations under this section shall survive any termination or expiration of these Terms and Conditions or Your use of this Site or the Services.

LIMITATION OF LIABILITY.  IN NO EVENT SHALL GALUPPO ELECTRIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE SERVICES OR (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY.  IN ADDITION, WITHOUT LIMITNG THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL GALUPPO ELECTRIC’S TOTAL AGGREGATE LIABILITY EXCEED $250.00 U.S. DOLLARS.  THE FOREGOING LIMITATION OF LIABILITY WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Jurisdiction and Venue:  These Terms and Conditions shall be construed in accordance with and governed by the internal laws of the State of Tennessee, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction. All disputes and controversies arising out of or in connection with these Terms and Conditions will be resolved exclusively as set forth the arbitration section.  However, if for any reason arbitration does not apply then all disputes and controversies arising out of or in connection with these Terms and Conditions will be resolved exclusively in the state and federal courts located in Knox County in the State of Tennessee. Each party agrees to submit to the jurisdiction of such courts and agrees that venue will lie exclusively with such courts.

Force Majeure. Neither party is responsible for any failure to perform its obligations under these Terms and Conditions if such party is actually prevented from or delayed in performing (the “Prevented Party”) those obligations by an event of force majeure. In any such instance, the Prevented Party must notify the other party giving full particulars of the event of force majeure and the reasons that such event prevents or delays that party from performing its obligations. The Prevented Party must then use commercially reasonable efforts to mitigate the effect of the event of force majeure upon its performance of its obligations. Upon the completion or mitigation of the event of force majeure, the Prevented Party must recommence its performance as soon as reasonably practicable. As used herein, “an event of force majeure” means an event or circumstance that is beyond the control of either party, occurs without the fault or negligence of the Prevented Party, and, through the exercise of reasonable diligence, the Prevented Party was unable to prevent such event or circumstance, including, but not limited to: (i) riot, war (whether or not declared), rebellion, revolution, acts of terrorism, acts of piracy, military insurrection, usurpation of governmental power, or other armed conflict; (ii) contamination by radiation, nuclear fuel or waste, or other materials that create significant risk to human life; (iii) earthquake, flood, fire, tsunami, tornado or other physical natural disaster, but excluding general weather conditions, regardless of severity; (iv) strikes or industrial disputes at a national level; (v) destruction or extensive damage of company headquarters; (vi) actions by a government body, including travel restrictions; or (vii) an officially designated epidemic or pandemic.  

Relationship of the Parties. Nothing in these Terms and Conditions is intended to, nor shall it be construed to, create any agency, partnership, or joint venture relationship between the parties. 

Severability. Whenever possible, each provision or portion of any provision of these Terms and Conditions will be interpreted in a manner as to be effective and valid under applicable law. If any provision or portion of any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect under any applicable law in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or portion of any provision in such jurisdiction. In such instance, these Terms and Conditions, as appropriate, will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision or portion of any provision had never been contained in such document. 

Entire Agreement and Titles. These Terms and Conditions constitute the entire agreement between You and Galuppo Electric with respect to the subject matter hereof and no party shall be liable or bound to any other party in any manner by any warranties, representations, covenants or otherwise, except as specifically set forth in these Terms and Conditions. The titles and subtitles used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting any of the provisions contained herein. 

Survival. The provisions regarding preservation and ownership of intellectual property rights, confidential information, limitations of liability, indemnification, fees and other charges, taxes, payments, liability, and governing law will survive any termination of these Terms and Conditions.