Terms and Conditions
By agreeing to purchase products from Portable Whole House Generators, LLC, you are agreeing to the following terms and conditions. Each Seller and Buyer may be referred to individually as “Party” or collectively as “Parties”.
1. Sale of Goods. The Seller agrees to sell and the Buyer agrees to purchase the items as identified and purchased on the website www.portablewholehousegenerators.com
2. Purchase Price. Buyer will pay Seller for the Goods in the amount represented in the order confirmation/invoide in its totality (total amount). The Purchase Price includes all applicable sales tax and free curbside delivery DAP – Delivered at Place (Incoterms 2020) – to the Buyer’s address as set forth on the face of this Agreement.
3. Payment. Buyer shall pay to Seller the full Purchase Price in full upon ordering and in “good faith”
4. Delivery. Seller shall deliver the Goods to Buyer by way of common freight carrier after the receipt of Buyers full payment.
5. Transfer of Title and Risk of Loss. Title to and risk of loss of the Goods shall pass to Buyer upon delivery of the Goods in accordance with the terms and conditions of this Agreement.
6. Warranty. Seller expressly warrants and represents to Buyer that the Goods to be supplied to Buyer hereunder shall be new, of good quality, design, materials, construction and workmanship, and that all Goods conform to the specifications, industry standards and all other requirements of the Agreement, and are suitable for the intended purpose. In the case of non-compliance with this warranty, Buyer may, at its discretion and without prejudice to any other right or remedy available under the Agreement or at law, reject the Goods which do not comply with this Section 6 (hereinafter referred to as Goods having a “Defect” or “Defective Goods”) by written notice to Seller. In the event of such rejection or if Buyer detects any Goods having a Defect after acceptance thereof, Seller shall have the right to repair or replace the Defective Good, at no cost to Buyer. In the event that such repair or replacement does not remedy the Defect, Buyer shall have the right to terminate this Agreement and return the Defective Goods to Seller, and shall be entitled to a full refund of the Purchase Price of the Defective Goods. In such event, Seller shall be responsible for and indemnify Buyer against and shall hold Buyer harmless from any and all cost of repair, replacement and transportation of the Defective Goods, as well as for all costs and expenses (including, without limitation, recall, inspection, handling and storage costs) and damage incurred by Buyer in connection with such Defective Goods. This warranty shall remain in effect for a period of 3 years from the date of delivery of the Goods to Buyer.
7. WARRANTY DISCLAIMER. A DILIGENT EFFORT HAS BEEN MADE TO PROVIDE PRODUCT INFORMATION AND ILLUSTRATE THE PRODUCTS THROUGHOUT THE WEBSITE TO REPRESENT THE PRODUCTS oF THIS AGREEMENT ACCURATELY; HOWEVER, SUCH INFORMATION AND ILLUSTRATIONS ARE FOR THE SOLE PURPOSE OF IDENTIFICATION, AND DO NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE, OR THAT THE PRODUCTS WILL NECESSARILY CONFORM TO THE ILLUSTRATIONS OR DESCRIPTIONS. EXCEPT AS PROVIDED BELOW, NO WARRANTY OR AFFIRMATION OF FACT, EXPRESSED OR IMPLIED, OTHER THAN AS STATED IN THE “LIMITED WARRANTY” ABOVE IS MADE OR AUTHORIZED BY PORTABLE WHOLE HOUSE GENERATORS, LLC.
8. LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL DAMAGES. SELLER’S LIABILITY FOR ALL OTHER EVENTS IS LIMITED TO AND SHALL NOT EXCEED THE PURCHASE PRICE PAID.
9. Technical Advice and Recommendations, Disclaimer. Notwithstanding any past practice or dealings or trade custom, sales shall not include the furnishing of technical advice or assistance or system design. Seller assumes no obligations or liability on account of any unauthorized recommendations, opinions or advice as to the choice, installation or use of products.
10. Product Suitability. Many jurisdictions have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While attempts are made to assure that Seller’s products comply with such codes, Seller cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, review the product applications, and all applicable national and local codes and regulations, and be sure that the product, installation, and use will comply with them. Certain aspects of disclaimers are not applicable to consumer products; e.g., (a) some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you; (b) also, some jurisdictions do not allow a limitation on how long an implied warranty lasts, consequently, the above limitation may not apply to you; and (c) by law, during the period of this Limited Warranty, any implied warranties of implied merchantability or fitness for a particular purpose applicable to consumer products purchased by consumers, may not be excluded or otherwise disclaimed.