Earth Energy Unlimited
Providing Environmentally Friendly Alternative Power Sources for Residential and Commercial Use.
Sales Terms
U.S. Terms and Conditions of Sale |
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions (“Agreement”) apply to your purchase of products and/or services and support sold in the United States (“Product”). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Earth Energy Unlimited and return your purchase pursuant to EEU’s Return Policy. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH EEU, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER EEU’s TERMS AND CONDITIONS APPLY TO THE TRANSACTION. |
| Other Documents: This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Earth Energy Unlimited. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative. |
| Payment Terms; Orders; Quotes; Interest. Terms of payment are within EEU’s sole discretion, and unless otherwise agreed to by EEU, payment must be received by EEU prior to EEU’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by EEU (purchase's made from online store are approved). Invoices are due and payable within the time period noted, measured from the date of the invoice. EEU may invoice parts of an order separately. Your order is subject to cancellation by EEU, at EEU’s sole discretion. Unless you and EEU have agreed to a different discount, EEU’s standard pricing policy for EEU systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. EEU is not responsible for pricing, typographical, or other errors, in any offer by EEU and reserves the right to cancel any orders resulting from such errors. |
Shipping Charges; Taxes; Title; Risk of Loss: Shipping and handling are additional unless otherwise expressly indicated at the time of sale (Online store has shipping included in price). Title to products passes from EEU to Customer on shipment from EEU’s facility. Loss or damage that occurs during shipping by a carrier selected by EEU is EEU’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify EEU within 30 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide EEU with a valid and correct tax exemption certificate applicable to your (TEXAS SALES ONLY) purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. |
| Warranties: THE LIMITED WARRANTIES APPLICABLE PER MANUFACTORS OF THE PRODUCTS CAN BE FOUND ONLINE OR IN THE DOCUMENTATION EEU PROVIDES WITH THE PRODUCT. EEU MAKES NO WARRANTIES FOR SERVICE, MAINTENANCE OR SUPPORT UNLESS MANUFACTOR CONTACTS EEU. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY EEU “AS IS” AND THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY EEU. |
| Changed or Discontinued Product: EEU’s policy is one of ongoing update and revision. EEU may revise and discontinue Product at any time without notice to you and this may affect information saved in your online “cart.” EEU will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned. |
| Service and Support: Service offerings may vary from Product to Product. In addition to these terms and conditions, EEU and/or your third-party service provider may provide such service and support to you in the United States in accordance with sales term and conditions. EEU and/or your third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. EEU has no obligation to provide service or support until EEU has received full payment for the Product or service/support contract you purchase. EEU is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not EEU. |
| Limitation of Liability: EEU DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIESSET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EEU WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, EEU IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOT WITH STANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTHIN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. |
| Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for export. EEU has separate terms and conditions governing resale or export of Product by third parties and transactions outside the United States. |
| Governing Law: THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, ANDINCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND EEU arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, EEU’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. |
Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND EEU, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “EEU”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), EEU’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and EEU. NEITHER CUSTOMER NOR EEU SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, ORARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties’ arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. EEU will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorney’s fees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. |
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