Raptor Power Systems - Terms and Conditions
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “Buyer”) and Raptor Power Systems (“we,” “us,” or “our”), concerning your access to and use of the www.voltzpwr.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and the purchase of goods and services from us.
You agree that by accessing the Site and/or placing an order, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND PLACING ORDERS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Part 1: Website Terms of Use
1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. Except as expressly provided herein, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, distributed, or licensed for any commercial purpose whatsoever without our express prior written permission.
2. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:
Systematically retrieve data from the Site to create a collection, database, or directory without written permission from us.
Make any unauthorized use of the Site, including using information from the Site to harass, abuse, or harm another person.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit viruses, Trojan horses, or other malicious material.
Use the Site as part of any effort to compete with us or for any revenue-generating or commercial enterprise.
3. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites ("Third-Party Websites"). Such Third-Party Websites are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any Third-Party Websites accessed through the Site.
4. SITE MANAGEMENT & MODIFICATIONS
We reserve the right to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; and (3) change, modify, or remove the contents of the Site at any time without notice. We cannot guarantee the Site will be available at all times and we are not liable for any downtime.
Part 2: Terms and Conditions of Sale
5. APPLICABILITY
These Terms and Conditions of Sale shall apply to all quotations and offers made by and purchase orders accepted by Raptor Power Systems. These terms shall be the sole terms and conditions governing the purchase of products (“Goods”) and services from Raptor Power Systems.
6. QUOTATIONS, PRICING, AND TAXES
Quotations provided by us are valid for thirty (30) days unless otherwise specified. Prices do not include any federal, state, or local taxes, duties, or other governmental assessments, all of which are the sole responsibility of the Buyer. All prices are subject to change without notice, including adjustments to cover the cost of raw materials.
7. ORDERS AND ACCEPTANCE
All orders are subject to final acceptance by Raptor Power Systems. An order shall not be binding until we issue a formal order acknowledgment. Production lead times begin upon our receipt of Buyer's written approval of all technical drawings and specifications.
8. PAYMENT TERMS & SECURITY INTEREST
Payment terms are Net thirty (30) days from the date of invoice, subject to credit approval. We reserve the right to require progress payments or full payment in advance. A late payment charge of 1.5% per month (or the maximum rate permitted by law) may be added to all past-due balances. Raptor Power Systems retains a security interest in and right to possession of the Goods until Buyer has made payment in full.
9. SHIPMENT, TITLE, AND RISK OF LOSS
All shipments are F.O.B. (Freight on Board) our facility. Title to the Goods and risk of loss or damage shall pass to the Buyer upon our delivery of the Goods to the carrier. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in delivery.
10. CANCELLATION AND RESCHEDULING
Orders for custom-manufactured Goods are non-cancellable and non-returnable (NCNR). In the event Buyer requests a cancellation that we approve in our sole discretion, Buyer shall be liable for cancellation charges, which shall be a percentage of the total order value based on the engineering and manufacturing progress completed at the time of cancellation.
11. LIMITED WARRANTY
Raptor Power Systems warrants that the Goods manufactured by us will be free from defects in material and workmanship for a period of twelve (12) months from date of initial energization or eighteen (18) months from date of shipment, whichever occurs first. Our sole obligation under this warranty is limited to, at our option, repairing or replacing the defective Good at our facility. This warranty does not cover failures due to improper installation, misuse, neglect, unauthorized modification, or external causes such as electrical surges.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTIES WHATSOEVER ARE MADE WITH RESPECT TO GOODS NOT MANUFACTURED BY RAPTOR POWER SYSTEMS.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL RAPTOR POWER SYSTEMS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS, OR LOSS OF BUSINESS), WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED SHALL IN NO CASE EXCEED THE TOTAL PRICE PAID BY THE BUYER FOR THE SPECIFIC GOODS OR SERVICES GIVING RISE TO THE CLAIM.
13. FORCE MAJEURE
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, supply chain disruptions, labor disputes, or government actions.
Part 3: General Provisions
14. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Monmouth County, New Jersey.
15. ENTIRE AGREEMENT
These Terms and Conditions, together with our order acknowledgment, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy [Link to Your Privacy Policy Page]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.
17. CONTACT US
To resolve a complaint or to receive further information, please contact us at:
Raptor Power Systems
607 Industrial Way West
Eatontown, NJ 07724
info@raptorpowersystems.com
800-258-0129