Terms & Conditions
1. Credit Application & Account Approval
Company is submitting this Credit Application and any related documentation to 800PWRSRVC, dba Power Services in order for Power Services to evaluate whether and on what terms to extend credit to Company.
Power Services, by agreeing to consider or receive a Credit Application or any documentation from Company, its principals, officers, agents or guarantors, does not obligate itself to conduct any business with or extend any credit to Company or any of its affiliates, agents or representatives.
In the event Power Services does extend credit or credit terms to Company, it reserves the right at any time to terminate, modify, or alter the terms or provisions of such credit terms.
2. Payment Terms
Company shall pay any invoices generated by Power Services for products, work, or services delivered to Company within thirty (30) days of invoicing.
In the event of a default in payment by Company:
- Interest on all outstanding balances owed to Power Services shall accrue at the rate of twelve percent (12%) per annum until paid in full.
- Company shall be liable for any costs or fees incurred by Power Services in collecting or attempting to collect any unpaid balance.
- The prevailing party to any action or dispute, whether in arbitration, mediation, or court, shall be entitled to recover reasonable attorneys’ fees and related costs.
3. Jurisdiction & Governing Law
All accounts receivable and credit extensions to Company are processed through Power Services headquarters in Los Angeles, California.
In the event of any legal action or dispute, venue and jurisdiction shall take place in Los Angeles, California.
4. Website Updates & Modifications
Power Services reserves the right to update, revise, modify, or replace these Terms & Conditions at any time without prior notice.
The most current version shall be maintained on the Power Services website.
5. Shipping Terms, Title Transfer & Risk of Loss
Unless otherwise agreed to in writing by Power Services, all products, parts, batteries, components, and equipment are sold FOB Point of Shipment. Title to the goods and risk of loss or damage transfer to Company upon delivery of the goods to the carrier at Power Services’ dock or shipping point.
Power Services is not responsible for loss, delay, or damage occurring after the goods have been delivered to the carrier. Any freight damage, shortage, or delivery issue must be reported promptly and handled in accordance with the carrier’s claim process and Power Services’ freight damage reporting procedures.
6. Warranty Terms
Parts and components supplied by Power Services are warranted against defects only when Power Services performs the labor for the repair or service. Parts sold independently without Power Services labor are not covered under any warranty.
The warranty does not cover damage caused by abuse, improper environmental conditions, mishandling, shipping damage, improper electronics and/or battery installation, unauthorized modifications, service by unauthorized personnel, transportation of damaged equipment, or acts of war.
Damage due to lack of maintenance, improper storage, improper installation, improper operation, mishandling, or operation in areas with abnormal temperatures is not covered.
Damage caused by improper operation, storage, or installation outside specified environmental conditions, including but not limited to over-temperature exposure, improper environmental conditions, mishandling, or other improper use, is not covered under warranty.
Replacement of fuses, pilot lamps, and/or contractor labor is not included in warranty coverage.
7. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, 800PWRSRVC, DBA POWER SERVICES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT ALLOWED BY LAW, THE MANUFACTURER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, PROPERTY DAMAGE, OR LOSS OF USE OF EQUIPMENT.