Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
- Order Acceptance and Cancellation
- Pre-Orders: Powerbilt may offer Products on a pre-order basis, prior to the official release date. The release date is the date the Products is available to ship. We make our best effort to meet these release dates, but they are subject to change based on manufacturing schedules.
A credit card is required to place a pre-order, but if you decide to place a pre-order, your credit card will only be used to obtain authorization from your credit card company for the total amount of the order (including any applicable shipping charges, taxes and fees). Your credit card will not be charged until your item is ready to ship (so please be sure your card is not due to expire between the time you place your order and the time your item is expected to ship). If you wish to add items to your pre-order, please do so by placing a separate new order for the additional items.
To make changes to your pre-order, please email us at email@example.com. We will do our best to accommodate your change request prior to fulfilling your order, but we cannot guarantee your change request will be made before your order ships.
- New Orders: Orders for in-stock Products will be processed upon Powerbilt successfully receiving and accepting your order. At that time, your payment will be collected and we will make our best effort to ship your order within 3-business days. An email notification will be sent to you confirming your order and providing you with an order number. Once your order has shipped, an email notification will be sent to you providing shipping and tracking information.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a seller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the Products and services which are offered on our site.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
- Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Federal, state or local taxes are not included in Powerbilt’s prices, and will be added to the purchase price, where applicable. In such event, you agree to pay said taxes or furnish evidence of exemption.
We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the lower of 6% per annum or the highest rate allowed by law. We retain a security interest in the Products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
- Changes in Products and Pricing
We are constantly updating and revising our offerings of Products and services, and we may discontinue Products and services at any time without notice. To the extent that we provide information on availability of Products or services, such information is subject to continual change, so you should not rely on such information, and we will not be liable for any lack of availability of Products or services that you may order through our site.
All pricing for the Products and services available on our site is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Products discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
- Shipping Policy
All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Products are shipped FOB shipping point. You agree to inspect the Products shipped upon receipt thereof, and to immediately report any damage or shortage to Spika.
Currently, we ship only to valid US addresses, excluding APO/FPO/DPO, PO Boxes and US Territories. For security reasons, we are unable to alter the address or redirect the package after payment has been made. We will make our best effort to ship your successfully placed order within 3 business days if it is received and accepted by Powerbilt after 12:00 p.m. PST (Monday – Friday, excluding weekends or designated holidays).
Orders ship when all items are available. You will receive an email notification once your order is shipped. It will include shipment and tracking information. Powerbilt offers expedited shipping options to meet your needs. These options are available to you upon checkout.
You can estimate shipping charges and taxes at checkout based on the information you enter in your order. Shipping rates are based on the estimated packaged weight and dimensions of your complete order. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
Please note the posted shipping time frame may be listed on the individual Products page and may vary from item to item. The posted shipping time frame is contingent upon Products availability and credit card approval. Shipping time frames may be delayed should we experience difficulties with Products availability or in obtaining credit card authorization.
These shipping terms are accepted by you by placing an order with us.
Some of our orders may require a signature upon delivery. For these shipment types, please make sure a responsible person will be available at your address to accept the delivery. To receive your shipment on the first delivery attempt, please track your shipment with the tracking information provided to you in your shipping confirmation. If the package is returned to us, the original purchaser will be refunded less the shipping fees both ways. For more information and options for receiving your shipment, please visit either www.ups.com or www.usps.com, depending upon the carrier used to ship your order.
- Products Listing and Pricing
Powerbilt makes every attempt to ensure all Products, descriptions, images, links, specifications, reference and pricing listed on our website are accurate. In the unlikely event an error occurs, Powerbilt will not be bound to this error, nor can we guarantee that all information posted on our website is current, accurate or complete. Powerbilt will correct any known issues as soon as possible and allow you to complete your order or cancel it.
In the event a Products or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Products information, Powerbilt retains the right to refuse or cancel any orders placed for Products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
- Disclaimer and Limitation of Liability
Please review our Limited Warranty policy, which is incorporated in these Terms and Conditions of Sale and listed below.
- Consumer Limited Warranty
Powerbilt Products are warranted to be free from defects in materials or workmanship for 60 days from the date of purchase (“Warranty Period”). Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Warranty. Where Products are already faulty or damaged upon delivery, photographic evidence of the damages must be submitted to Powerbilt before the Products will be repaired or replaced in accordance with these terms.
Within this 60 day Warranty Period, Consumer's sole and exclusive remedy and Powerbilt’s sole and exclusive responsibility under this warranty will be repair or replacement of the defective Products during the one limited Warranty Period, at Powerbilt’s sole and absolute discretion. Powerbilt reserves the right to replace the Products or relevant part with the same or equivalent Products or part, rather than repair it. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. Such repairs or replacement will be made at no charge to the Consumer for parts or labor. Products may be repaired or replaced using new or remanufactured parts or Products or refunded to Consumer the amount equal to the purchase price paid by the Consumer for the Products, less shipping, taxes and other fees, at Powerbilt’s sole discretion. Consumer is responsible for all shipping associated with returning the Products to Powerbilt’s designated service center. This warranty does not apply to:
- Damage caused by normal wear and tear, abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than Spika, improper use of any electrical source, undue physical or electrical stress, operator error, non-compliance with instructions or other acts which are not the fault of Spika, including damage or loss during shipment or transit.
- Damage caused by service performed by anyone who is not an authorized service provider of Spika
- Damage from external causes such as floods, storms, fires, sand, dirt, earthquakes, an Act of God, corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other Products not recommended for interconnection.
- Damage caused by the equipment with which the Products is used.
The guarantee does not cover any damage/s, losses, costs or expenses, direct, indirect or incidental, consequential or special, arising out of, or related to the Products.
- Any Products that has had its serial number altered, defaced or removed, shows evidence of tampering, has non-conforming or non-Powerbilt housing or casing, or has damage caused by the equipment with which the Products is used.
- Any defect occurring after the expiration of the Warranty Period, or occurring due to use not in accordance with the documentation.
- Units purchased through deal sites and discount stores (Including but not limited to, Groupon, Living Social, Woot, etc.).
- Units purchased from an unauthorized retailer.
In addition, Powerbilt reserves the right to refuse warranty claims against Products or services that are obtained and/or used in contravention of the laws of any country.
Repairs will be warranted for 60 days from the date Powerbilt ships the Products back to you.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
IN NO EVENT SHALL POWERBILT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCTS OR FROM DEFECTS IN THE PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This limited warranty extends only to the original purchaser of the Products and is not assignable or transferable to any subsequent purchaser or user. Products purchased through online auctions (excluding https://www.powerbilt.com) are not covered under warranty. Proof of purchases from online auctions are not accepted as verification of warranty. To obtain warranty service, an original or copy of the sales receipt from the original retailer is required. Powerbilt will not replace missing components from any package purchased through online auctions.
To obtain warranty service, please review our Return Policy, located at http://www.powerbilt.com. Email Powerbilt at firstname.lastname@example.org to request a Return Merchandise Authorization ("RMA") number. If the Products is not covered under warranty (whether because the warranty has expired, the damage is Consumer-induced or otherwise), the Consumer can choose to have the Products repaired at Consumer’s expense or returned to Consumer at Consumer’s expense; Consumer is responsible for all shipment and service fees associated with repairs or replacements not covered under warranty. Powerbilt will ship only to valid US addresses, excluding APO/FPO/DPO, PO Boxes and US Territories. For security reasons, we are unable to alter the address or redirect the package after the shipment has been made. Any Products returned to Powerbilt without an RMA or without proof of purchase will be returned to the Consumer at the Consumer’s expense.
Consumer has 30 days from the date Powerbilt makes its first attempt to contact the Consumer to pay for expenses associated with the repair of non-warranty items or the cost to return the items received without an RMA or proof of purchase. If Consumer fails to pay for such expenses and/or costs, including but not limited to shipping and handling within such 30-day period, Consumer agrees that Powerbilt will have no further responsibility with respect to such returned Products and shall have the right to dispose of such returned merchandise in any commercially reasonable manner and apply the proceeds, if any, against the amounts due Powerbilt on account of such expenses and/or costs.
IN NO EVENT WILL POWERBILT’S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCTS. 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.
Powerbilt reserves the right for continuous improvement in both design and manufacture of the Products, and warranty claims for retrospective upgrades to existing Products design are excluded.
- Return Policy
If you wish to return your Products for any reason, please review our return policy, which is located at http://www.powerbilt.com, and is incorporated into these Terms and Conditions of Sale.
- Privacy and Customer Information
- Service and Support
All requests for technical service and support with respect to the Products and services available through our site should be made by e-mail at email@example.com or by accessing our website at https://www.powerbilt.com. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Except as explicitly noted on this site, the services available through this site are offered by Powerbilt. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
- Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Entire Agreement and Other Documents
These terms and conditions and those set forth in other agreements and documents referenced herein constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
- Governing Law and Statute of Limitations
This site (excluding linked site) is controlled by us from our offices within the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of Products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts of New York City, New York, with respect to such matters.
We make no representation that the Products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such Products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.