TERMS OF SALE
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These Terms of Sale ("Terms of Sale") apply to the purchase and sale of products through Powerline-usa.com (the "Site"). These Terms of Sale are subject to change by PowerLine (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced above. You should review these Terms of Sale before purchasing any product available through this Site. Your continued use of this Site after the Last Updated Date will constitute your acceptance of and agreement to such changes.
These Terms of Sale are an integral part of our Terms of Use, that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 7).
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including any applicable shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss.
- At this time, PowerLine ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, PowerLine ships merchandise to Canada and Mexico, but not to other international locations.
- We will arrange for shipment of the products to you. Please check the shopping cart for specific delivery options. You will pay all shipping and handling charges unless otherwise provided for by us as specified during the ordering process. Customs and import duties may be applied to international orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds. Except for warranty returns, we will not accept a return of the products for a refund of your purchase price. For defective returns, please refer to the manufacturer's warranty (see Section 5) included with the product, or as detailed in the product's description on our Site.
4. LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
POWERLINE AND ITS PARENT COMPANY, GROUP INTELLECT POWER TECHNOLOGY, LIMITED, WARRANT THAT THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP PROVIDED THAT YOU HAVE FOLLOWED THE INSTRUCTIONS PROVIDED WITH THE PRODUCT AND IN THIS WARRANTY STATEMENT, AND SUBJECT TO THE EXCLUSIONS LISTED IN SECTION 5(c).
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. WE DO NOT WARRANT THAT A PRODUCT WILL ALWAYS OPERATE UNINTERRUPTED OR BE ERROR FREE, OR THAT A PRODUCT CONNECTED TO A SYSTEM OR NETWORK IS 100% SECURE OR CANNOT BE HACKED.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty? This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.
- What Does This Warranty Cover? This limited warranty covers during the Warranty Period (defined below) defects in materials and workmanship in products purchased from the Site or from an authorized retailer.
- What Does This Warranty Not Cover? This limited warranty does not cover (i) any damages due to transportation; storage; improper use; use outside of environmental specifications; failure to follow product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by us; unauthorized repair; normal wear and tear, including degradation of batteries; cosmetic damage, including scratches and dents; neglect; or external causes such as accidents, abuse, abnormal physical or electric stress; or other actions or events beyond our reasonable control; or (ii) product in which the serial number has been altered, defaced, or removed.
- What Is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
5. What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. If approved, refunds are processed within approximately ten business days of our receipt of your merchandise and our diagnosis of the stated problem. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
- How Do You Obtain Warranty Service? To obtain warranty service, you must call us at (800) 732-9810 or email our Customer Service Department at [email protected] during the Warranty Period to obtain an RMA number. No warranty service will be provided without the product model and serial number, original purchase details (including the receipt and date of purchase), a photo of the damaged product, and such other information or proof as needed for us to determine the validity of warranty coverage on your claim. In addition, we may require you to send the product back to us. If so, we will give you details on how to prepare it for shipping and how to return it to us
- Limitation of Liability THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
6. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.
7. Privacy. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
11. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PowerLine.
12. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
13. Notices.
- To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms of Sale, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to PowerLine, 1 Civic Center Drive, Suite 210, San Marcos, CA 92069. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. Severability. If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
15. Entire Agreement. Our order confirmation, these Terms of Sale, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
Last update: August 2, 2023