These Terms and Conditions (hereinafter, “Terms”) are agreed to by Meta Power Solutions (“Meta Power”) and any customer who purchases its products (“Customer”). The Parties agree that these Terms shall govern their relationship concerning a sale to Meta Power’s quotation and Customer’s accompanying purchase order or work order of even date (“Work Order”). Meta Power’s performance hereunder is expressly conditional on the Customer’s acceptance of these Terms.
PRICES, PAYMENT TERMS, and SECURITY INTEREST:
Prices quoted by Meta Power are current at the date of the Quote and shall expire thirty (30) days from that date unless Meta Power receives a valid and complete purchase order before such time. To secure the price of the purchased Meta Power Product, Customer grants Meta Power a security interest in the Product until any amounts due by Customer are paid in full.
TITLE AND RISK OF LOSS:
As to goods delivered by Meta Power’s vehicles, title passes upon delivery at the place Customer receives possession; and, thereafter, all risk of loss or damage shall be borne by Customer. All other sales are F.O.B., point of shipment. Claims for goods damaged in transit are Customer’s sole responsibility when not delivered by Meta Power’s choice of carrier.
If the Customer fails to make any payment when due, Meta Power reserves the right to suspend performance. The Customer agrees to pay a charge on all amounts past due at the rate of 1.5% per month or the maximum lawful rate, whichever is greater.
SHIPMENT AND ROUTING:
Meta Power shall select the shipment’s origin, transportation method, routing and the type of carrier product. If Customer specifies any requirement about the aforementioned, Customer shall pay all special freight and handling charges.
If a product is returned for repair and the Customer declines the repair quote, the Customer is responsible for the return shipping cost. Customers agree to accept redirection charges from carriers in the event they provide an inaccurate or incomplete address.
Meta Power warrants that the Products manufactured by it will conform to Meta Power’s applicable specifications and be free from failure due to defects in workmanship and material for twenty-four (24) months from the date of shipment of the Product. In the event any Product fails to comply with the foregoing warranty Meta Power will, at its option, either (a) repair or replace the defective Product, or defective part or component thereof, F.O.B. Meta Power’s facility freight prepaid, or (b) credit Customer for the purchase price of the Product. All warranty claims shall be made in writing.
INDEMNITY AND RELEASE:
The Customer agrees to indemnify Meta Power and hold it harmless from any claims and expenses arising from the Customer’s use of the Product. Customer agrees to hold Meta Power harmless from consequential or special damages.
TAXES AND FEES:
The price does not include any taxes, such as out of State sales taxes. Customer shall be responsible for the payment of all taxes arising from the Product purchase, or Customer shall show a valid tax exemption certificate. It’s the Customer’s responsibility to pay any local taxes.
COMPLIANCE WITH LAWS:
Meta Power products will be produced in compliance with the Fair Labor Standards Act of 1938 as amended and applicable. Meta Power will comply with applicable Federal, State, and local laws and regulations.
Meta Power will notify the Customer of any delay and will specify the revised delivery timeline as soon as practicable. Meta Power shall not be liable for delays in delivery or performance, or for failure to manufacture, as a result of the inability on account of causes beyond Meta Power’s reasonable control. In that case, there will be no termination and the date of delivery or performance shall be extended for a period equal to the time lost.
If Customer and Meta Power mutually agree to use an electronic method or system to facilitate purchase and sale transactions, Customer agrees that it will not contest the legal validity of that contract. In the event of a conflict, the business records maintained by Meta Power regarding the Customer’s electronic purchases shall be deemed conclusive.
All order cancellations must be done in writing. Cancellation fees will be assessed based on the measure of completion. Acceptable returns will be issued a Return Authorization via email. Any return sent to any Meta Power location without a Return Authorization will be discarded and no credit is provided. Returns are only allowed within 15 days of receipt. No products shall be returned to Meta Power without its prior written consent. Cancelations within 15 days of deposit will have a 20% cancellation fee. Cancelation after 15 days, and before shipping will have a 30% cancelation fee. A minimum of 60% restocking fee will be applied to any returns after order has been shipped. Higher fees may apply based on other conditions. Customers will also forfeit any shipping money associated with the return.
Meta Power will design the Products in line with information provided by customer. If after drawing approval the Customer makes changes outside of the design as covered in their specifications, Meta Power will then be paid reasonable charges for design changes and allowed a commensurate delay in shipping date based on the changes made.
THIRD-PARTY CONTRACT OBLIGATIONS:
If the Customer has contracted for or otherwise assumed with any other party any obligation or liability to any other person or entity responsible for the completion of any portion of any project in which Meta Power’s goods will be used, the parties agree that Meta Power is not a party to such contract, unless Meta Power states otherwise.
MEDIATION, ATTORNEY’S FEES, and GOVERNING LAW.
In the event of any dispute concerning these Terms or performance of the Parties hereunder which cannot be reasonably settled by the Parties, Meta Power and Customer agree to submit the dispute to mediation before initiating any litigation. The site of mediation shall be Palm Beach County, Florida unless another site is mutually agreed upon. In this case, the prevailing Party shall be entitled to recover from the other Party, reasonable attorneys’ fees, costs, and expenses incurred.
SEVERABILITY, NO-ASSIGNMENT, NON-WAIVER, and ENTIRE AGREEMENT:
Every provision of these Terms is intended to be severable. If any term or provision is illegal, invalid, or unenforceable, such shall not affect the remainder. Instead of such illegal, invalid, or unenforceable provision, there shall be added automatically, as part of these Terms, provisions similar in terms as necessary to render such provision legal, valid, and enforceable. Customer agrees not to assign or otherwise transfer its rights or obligations under these Terms without the written consent and approval of Meta Power. These Terms state the entire agreement between the Parties, is binding and controlling and supersedes all communications regarding these Terms.