Document Revised on: 08/21/2025
Lake Shore Electric Standard Limited Warranty Policy
SCOPE: This limited warranty (“Warranty”) covers all Lake Shore Electric (“LSE”) equipment and component parts of its own
manufacture (collectively “Products”). Warranty must be claimed by Buyer, first user (if Buyer purchased exclusively for resale), or
another party required coverage by law (collectively “Covered Entity”). LSE will—subject to Warranty limitations—repair, replace, or
refund Products, at its sole discretion, as the exclusive remedy for LSE's Warranty. LSE warrants Products of its manufacture against
functionality impairing defects in materials and workmanship under intended installation, use, and service for one (1) year from the date of installation or start-up, or for eighteen (18) months after the date of shipment from LSE, whichever occurs first. Warranty coverage for parts of LSE's manufacture repaired or replaced per Warranty is extended for ninety (90) days or for the remainder of the original Warranty period applicable to the Products being repaired or replaced, whichever is greater. This extension is exclusive to the repaired or replaced part only and does not extend coverage for the original equipment or any other component. Warranty does not cover claims outside the listed coverage period. Any variance in Warranty requires written approval by an individual expressly given the related authority by an Officer of LSE (“Authorized Representative”).
Warranty does not extend to products or components (including when incorporated into a larger design) not of LSE’s manufacture.
However, to the extent possible, LSE will assign to Covered Entity rights under the original equipment manufacturer's (“OEM”) warranty, without recourse to LSE. If a warranty recall is issued by or known to LSE, LSE will pass such information to Buyer. Should a claim arise on a product or component not of LSE’s manufacture, that claim (warranty or otherwise) shall be brought against the OEM directly, LSE will provide reasonable assistance with such warranty claims.
LSE shall not be liable by warranty or otherwise for improper storage of Products by Buyer including damage due to storage environment. LSE shall have no liability for any loss or damage to goods in transit. A warranty claim will be invalid unless any Products returned for repair are received intact and undamaged by the shipment.
USAGE AND REPAIR: Products must be installed, used, repaired, and maintained in accordance with LSE manuals (or industry standards in their absence) and LSE’s instructions. LSE assumes no responsibility or liability under Warranty or otherwise if unauthorized alterations, adjustments, modifications to the design or system, and/or non-OEM replacement parts are incorporated unless approved by an Authorized Representative of LSE. While repairs and adjustments may be made by personnel without authorization from LSE, such actions may void Warranty if the changes undermine the integrity of the system. Guarantees of performance and warranties are based on the use of OEM replacement parts in the proper configuration. Warranty is void if use is continued after damage was discovered or should have been discovered.
LSE does not represent, warrant, or guarantee, either through Warranty or otherwise, that Products are suitable for use and free from
errors when operated independently or as part of a larger system with equipment and components not supplied by LSE.
CLAIM PROCESS: Covered Entity must give LSE notice in writing (via email or certified mail to the destinations in this document’s
footer), and associated evidence, of any alleged defect covered by Warranty (together with all identifying details, including the serial
number, the type of Products, and the date of purchase) promptly upon discovery of such defect. No claim or discovery of a defect shall be valid more than ten (10) business days after a defect’s discovery or expiration of Warranty period. LSE has the sole authority to
determine the method of remediation for any claim under Warranty. Only Authorized Representatives of LSE have the right to offer
recovery under Warranty.
REMEDIATION: LSE 's sole obligation under Warranty shall be, at its discretion, to repair or replace any Products which have a defect
covered by Warranty; alternatively, LSE may elect to refund the purchase price of such Products. LSE may substitute new equipment
or improved part(s) for any Products judged defective without further liability.
On request, Products must be made available for inspection, promptly returned to LSE, or sent to an authorized service station
designated by LSE—shipments to LSE or a service station will be FOB Bedford, Ohio (LSE 's point of shipment) or FOB service station,
at Covered Entity’s expense, insurance, and risk. Returns of repaired Products or shipment of replacements and repair parts will be in
accordance with LSE Terms and Conditions and will be shipped FOB Bedford, Ohio LSE's point of shipment (or FOB service provider)—paid for and insured by Covered Entity. LSE will not accept delivery of any Products unless Covered Entity has obtained LSE's prior
approval in writing and been issued a Return Goods Authorization (“RGA”) number. Covered Entity will not receive credit for Products
returned to LSE. COSTS OF SHIPMENT FOR PRODUCTS COVERED BY WARRANTY ARE AT THE EXPENSE OF COVERED ENTITY
INCLUDING REPAIRED OR REPLACEMENT PARTS.
Covered Entity will, at its cost and responsibility, provide LSE or its authorized service personnel with unobstructed access to the
Products, adequate free working space in the immediate vicinity, and such facilities and systems, including, without limitation, docks, cranes and utility disconnects and connects, as necessary to perform Warranty obligations. The conducting of any tests shall be mutually agreed upon and LSE shall be notified of and provided the opportunity to witness all tests.
Repair (including by qualified third parties) of the defective part or component on site, at LSE, or at a designated repair facility will be
performed in accordance with generally accepted professional standards of care and skill. All repairs or services not covered by
Warranty will be charged in accordance with LSE's standard prices then in effect.
COVERAGE LIMITATIONS: Warranty does not cover labor, gaining access, removal, installation, temporary power, or any other
expenses, which may be incurred in connection with repair or replacement (including the cost of reinstalling parts that are repaired or replaced by LSE). This limitation applies to actions taken by Covered Entity, LSE, or a third-party hired by either party. Costs not explicitly covered by warranty will be passed through to Covered Entity making the warranty claim.
Warranty does not cover damage to Covered Entity’s, or its customers’, equipment, components or parts resulting in whole, or in part
from improper maintenance or operation (including failure to comply with LSE’s recommendations) or from their deteriorated condition.
LSE’s Warranty policy applies to all covered goods regardless of where they are shipped; however, these remedies shall be considered
enlarged as necessary to comply with applicable state laws.
Warranty does not include coverage of (a) costs, expenses, or damage incurred by Covered Entity for repairs or replacements made
independent of Warranty; (b) compensation for damages related to loss of power production or business operation; (c) additional costs and expenses (i.e. shipping costs, travel, accommodation, meals, etc.) arising due to remote locations, including but not limited to islands and overseas territories; (d) breach of security or data system’s security or integrity; (e) expenses for removing adjacent apparatus, walls, piping, structures, temporary service, etc.; (f) use that is no longer possible due to changes in circumstances or laws and regulations; (g) acts or changes performed without authorization from LSE; (h) consumable components of any type are not explicitly covered, including but not limited to fuel, fuses, and filters; (i) cosmetic shortcomings which do not impair functionality; (j) normal wear and tear including at increased rates due to use in a corrosive environment or a location poorly suited for the Products—except as specifically quoted and designed to withstand; (k) Products where the original identification markings (trade-mark, serial number, etc.) have been defaced, altered, or removed; (l) any loss, damage, or expense relating to or resulting from installation, removal, or reinstallation of Products; or (m) any other loss, damage or expense of any nature not related to materials and workmanship under intended installation, use, and service.
Warranty is rendered null and void if Products are subject to (a) improper storage (including extended storage), installation,
maintenance, adjustment, handling, modification, repair, use, or operation; (b) harm unanticipated through normal use such as accidents, Acts of God, or Force Majeure events (non-exhaustive examples: fire, flood, earthquake, storm damage, overvoltage, lightning strike, government action, nuclear event, and pandemic); (c) destruction through external influence by persons, water, animals, fungus, mold, or other contamination or intrusion; (d) criminal activities, theft, vandalism, tortious conduct, or negligence; (e) neglect, insufficient ventilation, mishandling, misapplication, abuse, failure to observe applicable safety standards and regulations, or use with known flaws; or (f) damage caused by abrasive materials, chemicals, scale deposits, corrosion, improper voltage, or other similar conditions.
Warranty shall not apply to any Products which may be separately covered by any alternative or special warranty or when an alternative warranty has been agreed to in writing. This includes when LSE Products are used as component parts of equipment or products expressly warranted by another manufacturer.
LIABILTY LIMITATIONS: LSE SELLS PRODUCTS “AS IS” AND THIS WARRANTY IS THE SOLE WARRANTY OF LSE. LSE HEREBY
EXPRESSLY DISCLAIMS AND COVERED ENTITY WAIVES ALL OTHER WARRANTIES EXPRESSED, IMPLIED IN LAW, OR IMPLIED
IN FACT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
DESIGN, CONDITION, CAPACITY, PERFORMANCE, EFFICEINCY, OR ANY OTHER ASPECT OF PRODUCTS OR THEIR MATERIAL OR
WORKMANSHIP. THIS EXCLUSION INCLUDES IMPLIED WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE,
DEALINGS, OR USAGE OF TRADE.
LSE shall not be liable, under the terms of Warranty or otherwise, for liquidated damages; direct, indirect, collateral, consequential,
incidental, punitive or special damages; loss of business opportunities; or actual losses, loss of profits, or loss of production or progress of construction, regardless of the cause of such damages or losses. LSE’s sole liability, and Covered Entity’s exclusive remedy, under Warranty (including remedy for LSE’s failure to meet its Warranty obligations) is to provide correction of non-conformities in the manner prescribed by Warranty—limited to the Purchase Order value of the Products in question.
To the maximum extent permitted by law, the explicit remedies of Warranty shall be the exclusive remedy of a Covered Entity and in
lieu of all other warranties, guarantees, representations, conditions, obligations, or liabilities whether statutory, express, or implied.
Furthermore, Warranty is the limit of recovery by a Covered Entity from LSE regarding the warranted Products whether in contract, in
tort (including negligence or strict liability), by statute, by regulation, or otherwise. This Limited Warranty gives Covered Entity specific legal rights, and Covered Entity may also have other rights which vary from state to state (including the expansion of Warranty’s scope of coverage or damages applicable). Should a valid claim arise under law, LSE’s total liability shall not exceed the Purchase Order value of the specific Products giving rise to the claim.
Warranty shall be the sole remedy available for Covered Entity from LSE regarding damaged or defective parts. By requesting a remedy under Warranty Covered Entity waives all other claims against LSE regarding Products in question.
In no event shall LSE be liable for any loss, damage, or injury to persons (including death), property, or things; nor shall LSE be liable
for damages of any kind or nature (including, without limitation, business interruption, inconvenience, or loss of anticipated profits or
savings) that are in any way related to or arise out of the use, misuse, nonuse, repair, replacement, or delay in delivery of Products. LSE shall not be liable for the cost of any work done to repair or replace Products.
Warranty does not warrant uninterrupted or error-free operation of Products or costs related to the removal, installation, or
troubleshooting of the customer's systems.
LSE’s choice to offer a remedy through Warranty is gratuitous only and does not constitute a recognition or admission of mistake, fault, error, damage, injury, or any other wrongdoing.
DISPUTE RESOLUTION: Warranty shall be governed, interpreted, and enforced by the laws of the state of Ohio (without regard to its
conflict of laws provisions). Individual, binding arbitration in Cuyahoga County, Ohio will be the method of resolution for any disputes
under Warranty that cannot be resolved by the parties themselves; should claims arise beyond the duty to arbitrate, a venue located in Cuyahoga County, Ohio will be used.
By purchasing or using LSE Products, Covered Entity agrees to this dispute resolution section; further, by making a warranty claim,
Covered Entity affirms and/or reaffirms agreement to this dispute resolution section.
COMPLETENESS AND SEVERABILITY: The headings used in this document are for convenience and reference only and bear no effect
on the meaning and interpretation of the document. This document represents the complete and entire set of provisions for warranty of LSE Products unless LSE and Covered Entity explicitly agree to differing provisions.
Should any provision of Warranty be deemed ineffective or invalid under applicable law, it shall be replaced by a permissible term or
provision that is a reasonable equivalent to maintain the spirit of Warranty. If such a replacement is impossible, the remaining provisions shall be construed to operate in full effect as if such a term or provision had not been included. LSE may elect not to enforce a provision of Warranty at its option, this option or a failure to enforce a provision in a particular instance is not a waiver of LSE’s rights under a specific provision or Warranty as a whole.
Last updated: 08/21/2025
LEGAL EFFECT: The following terms and conditions are a part of this Order, and any resulting agreement is expressly conditioned upon acceptance of these Terms and Conditions (“Terms”). A Quotation from Lake Shore Electric, LLC (hereinafter LSE) is conditioned on acceptance of the Terms stated herein. Any work LSE begins under an Order is with the understanding that these Terms apply. Additional or different Terms proffered by Buyer’s previous communications or submitted in response to this Order are rejected in advance and shall not become a part of the Order unless agreed to in writing by an individual expressly given the related authority by an Officer of LSE (“Authorized Representative of LSE”). No agent, dealer, or distributor of LSE has any authority to change or enlarge the Terms, the Quotation, the Order, or the design specifications unless it is approved by an Authorized Representative of LSE. Any Terms differing from those in this document must be explicitly accepted in writing by an Authorized Representative of LSE. All offers to purchase by Buyer, orders, or contracts of sale resulting from such Quotations are subject to final acceptance in writing by an Authorized Representative of LSE. LSE's rights and remedies under this Quotation and the Order are in addition to, not in substitution of, all other rights and remedies available to LSE under any applicable provision of law, regulation, or court decision. If LSE views Buyer to be in violation of these Terms Buyer shall provide evidence of compliance within five (5) business days of notification from LSE. Afterwards, if compliance has not been evidenced, LSE may (usage of “may” reflects discretionary power of the applicable party) elect to cancel any and all agreements with Buyer for failure to abide by these Terms (including failure to pay in a timely manner). Such Cancellation for failure to abide by these Terms shall be considered Cancellation by Buyer.
SCOPE OF SUPPLY: As a manufacturer of complex equipment and components (collectively “Products”), LSE will provide Buyer Products meeting LSE’s quotation or Approved Submittals. De minimis engineering changes made by LSE that do not impair functionality will be considered accepted unless Buyer objects within two (2) business days. LSE will accommodate reasonable requests for technical alterations provided they are arranged through the sales representative and approved by the responsible engineer of LSE. In addition to price changes resulting from a desired design change, design changes requested after Buyer’s approval of the final submittal package will include any additional administrative, engineering, and production costs incurred by LSE—not to exceed 10 percent of Purchase Order (PO) value. Buyer is responsible for the installation of all Products sold under this Order (including the cost). Buyer is responsible for compliance with all applicable legal requirements regarding the purchase, installation, use, and disposal of Products.
ASSIGNMENT: Buyer may not assign or transfer its interests in any part of this contract without written consent from an Authorized Representative of LSE, the approval of which shall not be unreasonably withheld.
CANCELLATION: Buyer cannot cancel or alter the Order without LSE's written consent. If Buyer cancels the Order (or part of the Order), Buyer shall pay LSE a cancellation charge of (i) 20 percent of the purchase price for stocked Products; (ii) 50 percent of the purchase price for a made-to-order Products, or (iii) 80 percent of the purchase price for Products released to production.
PRICES: Prices quoted by LSE in writing shall remain firm for 30 days, after which prices are subject to change unless a valid PO has been entered by Buyer or a longer acceptance period was provided for in a written agreement. LSE reserves the right to correct mistakes in quote amounts prior to execution of a PO and its acknowledgment by LSE. All prices will be in United States Dollars (“USD”). LSE requires a minimum billing amount of $150.00.
TERMS OF PAYMENT: Payment terms, including the extension of credit terms, are at the discretion of LSE. Open credit terms will not exceed 30 days (Net 30). For orders that exceed $100,000, progress payments are required and shall be (1) 10 percent at PO acceptance and (2) 40 percent at release to production. All progress payment billings will be “Due on Receipt”, while the final balance billing is due following completion of manufacturing on terms approved by LSE, paid from LSE’s invoices. These payment terms apply to partial and complete shipments. Buyer agrees to make full payment under these Terms without setoff. If Buyer is unlikely or unable to make a payment by the appropriate date, Buyer will notify LSE and provide the reason. Monies owed, but not paid, according to these Terms may be subject to interest at the maximum legal rate and may result in lien proceedings or the termination of warranties and suspension of services. Progress payments more than 30 days past due may be considered Cancellation by Buyer as defined in these Terms. Buyer will pay all costs and expenses (including reasonable attorney fees) incurred by LSE in pursuing and collecting any amounts due, and applicable interest on all monies owed. Open credit terms may be revoked for accounts exceeding established credit limits, with past due balances, or a history of past due balances.
TAXES: LSE's quoted prices include all taxes, fees, and costs applicable throughout the manufacturing process. Prices quoted by LSE do not include any present and future sales, use, occupation, license, excise, and other taxes; fees; tariffs; duties; or costs with respect to the sale, delivery, or use of Products. If Buyer has tax exempt status with respect to an Order, the documentation must be provided to LSE with the PO. LSE is required by law to collect all applicable sales and use taxes unless an appropriate exemption certificate is provided by Buyer. Any applicable taxes or fees will be charged at rates in effect at time of shipment.
SHIPMENT: Except as otherwise mutually agreed, shipment will be FOB Bedford, Ohio (LSE 's point of shipment), paid for and insured by Buyer. If Buyer does not furnish exact shipping instructions, LSE will select, in its discretion, a reasonable means of shipment at Buyer’s expense (prepaid and add)— LSE will not be liable for any loss resulting from such selection. Delivery dates and times are nonbinding estimates only; LSE is not liable for delays in delivery. Buyer (or designated recipient) agrees to accept all deliveries from LSE regardless of condition and inspect them immediately upon receipt for reasonably noticeable damage, defects, shortages, or other nonconformities. Buyer will notify LSE (with appropriate documentation) within 24 hours of receipt, and any issues will be remediated at the site of acceptance at LSE’s discretion. Failure to notify LSE in this manner constitutes acceptance of the Products as received. Any other claim by Buyer will be made under LSE’s applicable Warranty Policy at the time of Order Acknowledgement. LSE is not responsible for loss or damage in transit after having received an "In Good Order" receipt from the carrier or after 24 hours from receipt. Buyer will make no claims August 22, 2025 Lake Shore Electric – 5 Hemisphere Way, Bedford, OH 44146 2 of 2 for loss or damage in transit against LSE; such claims shall be against the carrier or a responsible third party. Note that after shipment, return of made to-order (custom) Products is not permitted under any circumstances except as required to fulfill LSE’s applicable Warranty Policy.
SHIPMENT UPON READINESS: LSE 's quoted prices are based on shipment immediately upon readiness, with no delays or storage. Shipment may only be delayed by Buyer with LSE’s written consent. If shipment is delayed at Buyer’s request, Buyer will make payments due under the Order as if production and shipment had continued unabated. Buyer shall have the risk of loss with respect to Products held for Buyer, and work which has been stored for Buyer's convenience may be billed in place, and applicable storage charges shall accrue. LSE may consider Products held for more than five (5) business days for Buyer to be Cancellation by Buyer, in such a case warehousing fees will still apply.
INSURANCE: Buyer shall bear all risk of and responsibility for damage or loss during and after shipment and is responsible for provision and maintenance of adequate insurance for Products supplied under the Order to fully protect LSE 's interest between delivery and final payment. Loss or damage during this period shall not relieve Buyer from its obligations under the Order.
TITLE AND LIEN RIGHTS: If Buyer defaults in its obligations under a PO (including any modifications thereof) before the price has been fully paid in cash, LSE may take any and all actions permitted by law to protect its interests including but not limited to filing liens and pursuing litigation. LSE agrees to indemnify Buyer from liens filed by LSE's workforce or subcomponent vendors. Buyer agrees to cooperate fully with LSE in the filing of any financial statements or other documents necessary to perfect LSE’s interests and liens.
PATENT INFRINGEMENT: LSE will defend and indemnify Buyer and User of the Products to the extent of any rightful claim that any Products of LSE's manufacture furnished under the Order infringe upon any published United States patent, and LSE will pay all damages and costs awarded by a court of competent jurisdiction with respect to such claim. Buyer or User must promptly notify LSE of any such claim and cooperate fully with LSE in the defense of such claim, or LSE will have no duty under this paragraph. Buyer and User will not submit to judgement or enter settlement for such a suit without LSE’s explicit permission. Buyer will pursue the original equipment manufacturer (OEM) and not LSE for patent infringement claims related to subcomponent parts not manufactured by LSE.
INTELLECTUAL PROPERTY: LSE sells and transfers ownership of the agreed Products, usage rights (as necessary for Buyer's approval, installation, fitup, and operation of the Products), and services only; not the design rights, development data, trademarks, patents, tooling, patterns, language, methods, copyrights, or other confidential and proprietary information of LSE. All intellectual property rights, titles, and interests are expressly reserved by LSE. Buyer shall not reproduce, reverse engineer, share, or misuse the intellectual property of LSE.
FORCE MAJEURE: LSE shall in no event be liable in any way for delays in delivery, delays in manufacturing, or any other failure to perform due to causes beyond its reasonable control and foresight—including but not limited to fires, acts of God, natural disasters, pandemics, war, terrorism, strikes, labor difficulties, shortages of materials, transportation hardships, military actions, government actions, or other causes beyond LSE’s reasonable control. Should Force Majeure arise, LSE shall inform Buyer and LSE’s time for performance shall be extended by a reasonable period of delay.
LIABILITY LIMITATIONS: Under no circumstances shall LSE have any liability under these Terms, a PO, or otherwise for liquidated damages; direct, indirect, collateral, consequential, incidental, punitive or special damages; loss of business opportunities; or actual losses, loss of profits, or loss of production or progress of construction, regardless of the cause of such damages or losses. Any claim arising under the Terms or an associated PO must commence within one year from the cause of action—or a greater period to the extent required by law. Should a court of law deem a cause or claim arising to be valid, LSE’s total liability arising out of or related to a PO shall not exceed the purchase price paid for the specific Products giving rise to the claim.
LSE SELLS PRODUCTS “AS IS” AND LSE'S APPLICABLE LIMITED WARRANTY POLICY IS THE SOLE WARRANTY OF LSE. LSE HEREBY EXPRESSLY DISCLAIMS AND BUYER AND ITS CUSTOMER(S) WAIVE ALL OTHER WARRANTIES EXPRESSED, IMPLIED IN LAW, OR IMPLIED IN FACT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; THIS LIMITATION INCLUDES IMPLIED WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, DEALINGS, OR USAGE OF TRADE. SEE APPLICABLE WARRANTY FOR DETAILS.
Both LSE and Buyer shall defend, indemnify, and hold harmless the other party (and its owners, officers, directors, agents, employees, subcontractors, and subcontractors’ employees; collectively “Affiliates”) from claims by a third-party for intentional, reckless, or negligent acts by them or their Affiliates—subject to the provision of these Terms.
DISPUTE RESOLUTION: LSE and Buyer shall not submit to judgement, reach a settlement, or disclaim rights on the other party’s behalf. These Terms and the POs entered under them shall be governed, interpreted, and enforced by the laws of the state of Ohio (without regard to its conflict of laws provisions). Individual, binding arbitration in Cuyahoga County, Ohio will be the method of resolution for any disputes under these Terms and associated POs that cannot be resolved by the parties themselves; should claims arise beyond the duty to arbitrate, a venue located in Cuyahoga County, Ohio will be used.
COMPLETENESS AND SEVERABILITY: The headings used in this document are for convenience and reference only and bear no effect on the meaning and interpretation of the document. This document represents the complete and entire set of provisions for any Order received by LSE from Buyer unless LSE and Buyer have explicitly agreed to differing provisions in writing. Should any term or provision of this agreement be deemed ineffective or invalid under applicable law, it shall be replaced by a permissible term or provision that is a reasonable equivalent to maintain the spirit of this agreement. If such a replacement is impossible, the remaining provisions shall be construed to operate in full effect as if such a term or provision had not been included. Each Party may elect not to enforce a provision of these Terms at its option, this option or a failure to enforce a provision in a particular instance is not a waiver of such party’s rights under a specific provision or the Terms as a whole.
