Terms and Conditions Acceptance of Agreement:
- These terms and conditions are to be incorporated and subject to all quotations, sales of material and manufactured equipment issued by Power Assemblies (PA). PA’s terms and conditions shall take precedence over any Customer’s terms and conditions.
- If any additional or counteroffer terms and conditions are submitted to PA, it shall not be binding unless accepted in writing by the president or holding officer of PA.
- Customer agrees to hold PA owners, employees, and representatives harmless from and against all losses and damages, liabilities, costs, but not limited to loss of profit or revenue for claims that are based upon defective of design, material, goods sold, or workmanship furnished by PA or any third party.
Limitation of Liability:
PA will not be liable:
• To you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website: [to the extent that the website is provided free-of-charge, for any direct loss;]
• Any indirect, special, or consequential loss.
• Any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Pricing and Taxes:
- Unless otherwise noted, all quotes, prices, and sales are to be F.O.B. origin with freight allowed or prepaid and billed as designated by a PA representative or according to the terms below.
- a) Freight is prepaid and allowed for standard freight on orders of $10,000 or more for products beginning with PWA-40TW, PWA – 40SC, or PWA-40DL.
- b) Freight is prepaid and allowed for standard freight on orders of $5000 or more for all other products.
- All prices shall be rounded to the nearest two decimal places. Prices are to be good for a period of thirty (30) days unless otherwise noted by an authorized sales representative and or upon quotation.
- Any period beyond the Thirty (30) day mark, are subject to changes due to industry increase on Good(s) and Services prior to date Sales Order execution.
- All PA prices presented do not include sales or any other taxes on goods and services or similar taxes, unless otherwise noted by an authorized PA sales representative. Taxes to be assessed to all final product sales at the time of invoice. The buyer is responsible to provide PA with any exception forms or certificate of resale to avoid all sales taxes at the time of invoice.
- PA routinely updates and manages the content on this website including but not limited to: images, product data sheets, new product introduction, removal of discontinued items, and sales or promotional pricing. This content is subject to change without prior notice.
- Terms are NET Thirty (30) days (or as otherwise stated on invoices), and that interest at the rate of Twenty-one percent (21%) per annum will be charged on all balances unpaid after Forty-five (45) days from the date of the invoice. In no event, however, shall the rate of said finance charge exceed the highest rate permitted by law. In the event of default and referral to an attorney or collection agency, the customer agrees to pay all collection costs including reasonable attorney fees.
- Payments by credit card must be received within ten (10) days of the invoice date or be subject to a three percent (3%) processing fee.
- PA shall have the right, at any time, for credit reasons (for example, should Applicant’s (customer) account be past due or should PA have a good faith belief that prospect of payment is impaired) to withhold shipments in whole or in part, to recall goods in transit and to repossess all goods previously delivered that have not been paid for in full.
- PA retains a security interest in all goods until paid for in full. The applicant shall not grant a security interest in the goods to any other party until the goods are paid for in full.
- The applicant shall provide PA with updated financial information (including, without limitation, updated financial statements) as a condition for the continued extension of any credit granted to the Applicant.
- Upon request, the Applicant agrees to provide PA a statement of representation that Applicant is and remains solvent.
- In the case invoices require legal action or the hiring of a collection agency, then the customer agrees to pay all attorney’s fees and/or collection fees associated with collecting past due balances.
- NON-PAYMENT VOIDS ANY WARRANTY.
Specifications and Approvals:
- Wire and Cable tolerances, unless otherwise specified in Sales Quotes or Sales Orders all wire and cable tolerances are +/- 10%.
- All CAD drawings and plans, quantity counts, dimensions, and/or specifications issued by the Customer to PA shall have a complete agreement in writing prior to fabrication by PA.
- PA is not responsible for delays in shipments due to acts of God, failure on the customer’s part to delay in issuing a purchase order, or other circumstances beyond PA’s control. Delivery date estimates are accessed by the best estimate using PA’s commercial carriers and freight services.
- PA will use the best cost-effective estimate for selecting forms of shipments as they adhere to the customer request, but reserves the right to use an alternate carrier to meet the requested shipment date.
- It shall be the Customer’s responsibility to inspect all goods prior to acceptance. Any missing or damaged items must be reported to PA within Five (5) business days, any claims for shortage or damaged goods after the Five (5) Day window will be waived unless in writing to PA.
- The warranty PA provides for products it represents and distributes is limited to the warranty provided by the manufacture of the product.
- In no event will PA be liable for any incidental, special consequential, or punitive damages of any nature or kind, however arising, whether in contract or otherwise, even if is deemed to be aware of the possibility of such damages.
- In no event will PA be responsible for any claims or damage arising out of or connected with this warranty or the manufacture, sale, delivery, installation, or use of the product in excess of the purchase price of the product.
- No additional warranty is offered by PA beyond that of the product manufacturer.
- In the case PA alters or assembles products it purchases from manufacturers, PA will warrant the work performed for up to One (1) year from the date of shipment. This warranty is limited to workmanship only. This warranty does not apply to normal wear and tear or damage caused by negligence, lack of maintenance, accident, abnormal operation, improper installation or service, unauthorized repair, fire, floods, and acts of God. All costs incidental to repairing or replacing defective products, including but not limited to removal, disassembly, reinstallation, and reconstruction, will be borne by the buyer, and in no event will PA be liable for such costs
Returns, Order Cancellations and Customer Credits:
- No items will be accepted for return without prior approval from an authorized PA employee and must be accompanied by a PA issued RMA within a period of thirty (30) days following shipment. The material must not be used, altered, and must be in original packaging. Cut wire may not be accepted. All returns are subject to a minimum Twenty-five percent (25%) restocking charge. Payments may be applied against open charges at the discretion of PA. On request, the customer agrees to provide the creditor a statement of representation that the undersigned is and remains solvent.
- The customer agrees to pay all return freight for any item wanting to be returned. EXCEPTION: INCORRECT orders pulled and shipped by PA or it’s affiliates – PA will pay return freight to correct the error. Customer must use a PA supplied shipping label / Bill of Lading (BOL) – no return shipments will be accepted if shipped “collect” unless otherwise authorized by PA.
- Order cancellations are acceptable only if an authorized PA representative agrees of such in writing and Buyers agrees to any fees that may have incurred due to restocking charges, manufacture fees, and/or fabrication time and material.
- The amount of credit may be changed or credit withdrawn by PA at any time, in its sole discretion.