Terms & Conditions Of Sale

ACCEPTANCE OF ORDER; TERMINATION

Acceptance of any order is subject to credit approval and acceptance of order by Powerficient®. If Buyer's credit becomes unsatisfactory to Powerficient®, Powerficient® reserves the right to terminate upon notice to Buyer and without liability to Powerficient®.

PRICES AND SHIPMENTS

Unless otherwise quoted, prices shall be those in effect at time of shipment, which may be updated at any time to reflect change in materials costs. Shipment terms are F.O.B. Shipping Point. All shipping, crating and freight costs to be paid by Buyer and will be added to Invoice.

RETURN OF GOODS

All items described as ‘Custom’ are NCNR (Non-Cancelable, Non-Returnable).

TAXES

Prices shown do not include sales or other taxes imposed on the sale of goods unless stated. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Powerficient® for any such tax or provide Powerficient® with an acceptable tax exemption certificate.

DELAY IN DELIVERY

Powerficient® is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver materials on time or any other circumstances beyond Powerficient's reasonable control. Lead times or delivery dates are the best estimates of our current production at time of quoting and availability of materials and components from suppliers. Powerficient® will communicate any issues within reasonable circumstances to prevent issues, and in no case shall Powerficient® be liable for any consequential or special damages arising from any delay in shipment or delivery.

WARRANTY

For a period of (1) one year following the ship date, Powerficient® will replace or repair, at Powerficient’s sole discretion, any unit shown to be defective in materials or workmanship when used for its intended purposes and maintained per product manual requirements. Buyer will return unit(s) at its own expense and only with prior authorization from Powerficient®. This warranty is fully transferable. All Batteries (any chemistry) whether included in equipment or sold separately are exclusively covered directly by the Battery Manufacturer's warranty; adherence to the Battery Manufacturer's warranty terms are required and all claims must be made directly to the Battery Manufacturer.

LIMITATION OF LIABILITY

Powerficient’s liability under the terms of this warranty and the purchase and sale of its units, is limited to the repair or replacement of its units only. Powerficient® shall in no situation be liable for any special, consequential damages or other damages of any kind or nature. Powerficient’s warranty does not cover units damaged by accident, abuse, misuse, unauthorized repair and such-the-like occurrences out of Powerficient’s control. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment. Damages realized upon receipt via transit carrier must be reported immediately within 24 hours upon delivery.

MODIFICATION OF TERMS AND CONDITIONS

No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on Powerficient® without the Powerficient's written consent. Any additional or different terms in the buyer's form are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.

METHOD OF PAYMENT

Powerficient® accepts Purchase Orders on approved and specified credit terms with payment methods of Bank Wire and check by mail

DISCLAIMERS

1. Returns will only be accepted with an approved RMA.

2. Damaged/missing product must be reported within 48 hours of receipt-please retain all packaging.

3. All returns must be initiated within 7 days of receipt of product.

4. Each return must have an approved RMA number, be shipped prepaid UPS, be received in new/sellable condition and are subject to restocking fee per manufacturer/distributor guidelines; no cancellations or returns on custom items unless defective.

5. A finance charge of 12% APR will be charged on all past due accounts.