All products and services furnished by Power CEO LLC (Seller) and all Seller’s quotations, order, acceptances, and sales are conditioned on assent to these terms and conditions of sales, which may not be varied or waived by express written agreement.
These terms and conditions of sale apply to all shipments and shipping points within and outside the United States of America.
All prices for Power CEO LLC products are subject to change without notice. It is the Purchaser’s responsibility to provide Power CEO LLC with written proof of tax exemptions. Absent written proof, any tax or other governmental charge on the production, sale, or shipment of products imposed by state, federal, municipal, or other authorities shall be added to the invoice total and must be paid by the Purchaser.
III. TRANSPORTATION CHARGES
Delivery terms are F.O.B. Kansas City MO 64133 or Cottonwood AZ 86326 USA. Power CEO LLC reserves the right to select the method of shipment, routing, and carrier for all products sold. Upon Power CEO LLC’s approval, additional transportation costs due to the Purchaser’s request that routing, method of shipment, or other instructions will be added to the invoice total paid by the Purchaser.
All orders are subject to acceptance and approval by Power CEO LLC’s credit department and are not binding, and may be removed by Power CEO LLC’s from its manufacturing schedule at the factory. Power CEO LLC reserves the right to select its own customers and reject an order or to refuse to bid on any requirement.
4.1) NO RETURN OF PRODUCTS WILL BE ACCEPTED WITHOUT PRIOR WRITTEN APPROVAL!
4.2) 4.2A Any unit returned for restocking must be:
4.2B Approved for return by Power CEO LLC within 30 days of installation or 45 days of shipment with authorized RGA (Return Good Authorization)#
4.2C Shipped to Power CEO LLC FREIGHT PREPAID: collect shipments, unless otherwise approved, will be refused at the receiving dock.
4.2D In the same condition as when it was shipped from Power CEO LLC (Factory or distribution center)
4.3) A minimum restocking or cancellation charge will be assessed of 25% of invoice total on all units with a minimum charge of 100.00$ per invoice. Any damages will be charged accordingly.
4.4) A Reconditioning Fee may apply to all items shipped back in order to return them to stock as a new unit. This will be determined by Power CEO LLC after it has been returned and inspected.
4.5) Specially designed orders are not subject to cancellation. Any cancellation of specially engineered products will be subject to full invoice charges. Cancellation of special units will be invoiced on a time and material basis.
V. TERMS OF PAYMENT
Payment terms options: B,C & D subject to credit approval. Purchaser shall pay Power CEO LLC reasonable attorney fees and costs incurred in collection delinquent.
Type A: 100% Paid in full before order is started. Invoices will be dated as of when full payment is received. Orders are subject to shipment in batches.
Type B: Payment terms are 50% deposit to start an order with the final payment due upon order or batch completion and before certified delivery to purchaser. Invoices will be dated as of when deposit amount received. Orders are subject to shipment in batches.
Type C: Payment terms are 25% deposit to start an order with the final payment due 30 days after shipping date to purchaser. 2% discount if paid by the 10th day of the month following the invoice from shipping date to purchaser.
Type D: Payment terms are 2% discount if paid by the 10th day of the month following the invoice from shipping date to purchaser or net 30 days from shipment date.
Power CEO LLC shall not be liable for any delay or default in delivery of products where occasioned by any cause of a kind or extent beyond the control of Power CEO LLC including without limitation: armed conflict or resulting economic dislocation, embargoes, shortages of labor, raw materials, fuel, energy, production facilities or transportation, labor difficulties, civil disorders of any kind: action of civil or military authorities (including priorities and allocations); fires, floods, carrier failures, and/or accidents.
Power CEO LLC warrants that its products are free from defect in material and workmanship for a period of one (1) year after delivery. Power CEO LLC will reimburse for the reasonable cost of freight. In the event of a defective Product during the warranty period, Power CEO LLC shall have the right to repair or replace the Product with a warranty replacement Product supplied free of charge within the first year of product/unit warranty upon the authorized return of the defective product. Selection among these remedies shall in each case be at Power CEO LLC’s reasonable discretion. Any such claim against Power CEO LLC must be made in detail and in writing and promptly pursued. The two (2) year extended warranty is limited to certain parts and technical support of the maintenance, excluding the cost of labor to install warranty parts. (Also, where Power CEO LLC undertakes to perform or assist in any servicing, repair, or replacement, Power CEO LLC warrants that its performance or assistance will be free from defect in material and workmanship.) Power CEO LLC’s warranties are as limited as stated and Power CEO LLC disclaims all other express warranties and all implied warranties as to the quality of any products or services furnished by Power CEO LLC, including implied warranties of merchantability and fitness for a particular purpose. Three years after delivery, all of Power CEO LLC’s warranties and other duties with respect to the exclusive remedies provided for herein shall be conclusively presumed to have been satisfied. All liability thereafter terminates, and no action for any breech of any such warranty or duty against Power CEO LLC may thereafter be commenced. The warranty does not apply to damage caused by: A) accidental mishandling, dropping or other types of physical abuse. B) Units that have been tampered with, taken apart or subjected to unauthorized repair. C) Units that have not been installed or used in accordance with instructions. D) Riots, civil disturbances, war, or acts of God. This warranty does not apply to damages claimed in excess of the cost of the replacement unit.
VIII. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
Power CEO LLC shall not be liable for any incidental or consequential damages under any circumstances whatsoever, whether based on lost goodwill, lost resale profits, work stoppage, impairment of other products or otherwise, and whether arising out of breach of any warranty, breach of contract, negligence or otherwise.
IX. MODIFICATION OR TERMINATION
Products shall be shipped and invoiced by Power CEO LLC pursuant to the terms and conditions contained herein, which terms and conditions shall constitute the entire agreement between Power CEO LLC and Purchaser, and supersede any and all prior representations, agreements, or understanding, if any, whether oral or written, relative to products delivered hereunder. In the event that any of the terms of any purchase order of Purchaser conflict with any of the terms and conditions set forth herein, these terms and conditions contained herein shall be effective unless made in writing on a date subsequent to the effective date hereof and executed by Power CEO LLC. Power CEO LLC hereby gives notice of its objection to any additional or different conditions in Purchaser’s purchase orders of communications. In the absence of written acceptance of these terms and conditions, the acceptance by Purchaser of any products delivered hereunder shall constitute acceptance of the terms and conditions herein stated.