The Energy Conservatory Online Store Service and Billing Terms and Conditions
STANDARD TERMS AND CONDITIONS APPLICABLE TO SALES BY THE ENERGY CONSERVATORY
1) The standard terms and conditions set forth herein apply to all sales by The Energy Conservatory. Any terms contained in purchase orders, acknowledgments, shipping instructions or other documents that are inconsistent with or different from the terms set forth herein are to be void and of no effect.
2) All sales are FOB at The Energy Conservatory facility in Minneapolis, Minnesota. All freight charges and insurance are the responsibility of the purchaser. Risk of loss passes at The Energy Conservatory's freight dock.
3) Unless otherwise specified, invoices are due in full 30 days following invoice date. The Energy Conservatory reserves the right to require payment in advance by cash, check, money order or credit card.
4) Purchaser shall be responsible for payment of any applicable sales tax, use tax, excise tax or similar tax, together with any export or import duties, including interest and penalties that may be levied or assessed by governmental authority, resulting from this agreement, excluding any taxes based upon The Energy Conservatory's net income.
5) Purchaser is responsible for full compliance with all applicable federal, state and local laws, regulations and ordinances, including regulations of the U.S. Department of Commerce and/or the U.S. State Department or other United States export laws.
6) Express limited warranty. Seller warrants that this product, under normal use and service as described in the operator's manual, shall be free from defects in workmanship and material for a period of 24 months, or such shorter length of time as may be specified in the operator's manual, from the date of shipment to the Purchaser.
7) Limitation of Warranty. The limited warranty set forth above is subject to the following exclusions:
1) With respect to any repair services rendered, Seller warrants that the parts repaired or replaced will be free from defects in workmanship and material, under normal use, for a period of 90 days from the date of shipment to the Purchaser.
2) Seller does not provide any warranty on finished goods manufactured by other. Only the original manufacturer's warranty applies.
3) Unless specifically authorized in a separate writing, Seller makes no warranty with respect to, and shall have no liability in connection with, any goods which are incorporated into other products or equipment by the Purchaser.
4) All products returned under warranty shall be at the Purchaser's risk of loss. The Purchaser is responsible for all shipping charges to return the product to The Energy Conservatory. The EnergyConservatory will be responsible for return standard ground shipping charges. The Purchaser may request and pay for the added cost of expedited return shipping.
8) Warranty Disclaimer. The foregoing warranty is in lieu of all other warranties and is subject to the conditions and limitations stated herein. NO OTHER EXPRESS OR IMPLIED WARRANTY IS PROVIDED, AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR
9) The exclusive remedy of the Purchaser for any breach of warranty shall be the return of the product to the factory or designated location for repair or replacement, or, at tpe option of The Energy Conservatory, refund of the purchase price.
10) Limitation of Liability. The Energy Conservatory's maximum liability for any and all losses, injuries or damages (regardless of whether such claims are based on contract, negligence, strict liability or other tort) shall be the purchase price paid for the products. IN NO EVENT SHALL THE ENERGY CONSERVATORY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The Energy
Conservatory shall not be responsible for installation, dismantling, reassembly or reinstallation costs or charges.
11) No action, regardless of form, may be brought against The Energy Conservatory more than one year after the cause of action has accrued.
12) All sales shall be subject to acceptance by The Energy Conservatory at its principal place of business in Minneapolis, Minnesota. This agreement shall be governed by the laws of the state of Minnesota.
13) Return Policy - Any product may be returned for full credit, excluding shipping and handling
charges, up to 30 (thirty) days from date of invoice. Any product returned after 30 days is subject to a minimum restocking fee of 20%. All returned products must be in new and saleable condition.
Any product returned that is not in new and saleable condition, or is not a current model, is not eligible for credit.