1. APPLICATION OF TERMS AND CONDITIONS OF SALE
1.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by XPOWERSTORE of any product made available by XPOWERSTORE (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
1.2 By ordering the Product, whether by placing an order by phone, on the XPOWERSTORE website ( xpowerstore.com), in person or by any other means, following a quotation or not, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between XPOWERSTORE and the Client and supersedes any other terms and conditions that may be provided by the Client. Failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
1.3 “Client” means any person or entity ordering products from XPOWERSTORE.
1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client’s orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of XPOWERSTORE.
2. QUOTES ORDERS PAYMENT TERMS
2.1 Subject to the terms contained in this section, any quotation provided by XPOWERSTORE will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours.
2.2 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to XPOWERSTORE, whether such order is made online on XPOWERSTORE’s website ( xpowerstore.com) or to any XPOWERSTORE representative.
2.3 XPOWERSTORE reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. XPOWERSTORE shall not otherwise be liable to the Client for cancellation of such orders.
2.4 Not with standing the above, if Client is provided by an invoice by XPOWERSTORE, such invoice is due one month after the date of the invoice, any unpaid amount will bear interest at 1.5% per month (19.56% per year) from the due date.
3. PRODUCT AVAILABILITY
3.1 Product availability may be limited. Products ordered may not be available for immediate delivery. XPOWERSTORE reserves the right, without liability or prior notice, to revise orcease to make available the Product. If there are any revisions to or cessation of Products, XPOWERSTORE may, with Client’s consent, ship Products which have similar functionality and specifications to the Products originally ordered. Client will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.
4. SHIPPING AND HANDLING
4.1 XPOWERSTORE reserves the right to refuse sales and/or delivery in certain areas of the world. XPOWERSTORE may be unable to ship to certain remote regions. XPOWERSTORE reserves the right to refuse or cancel orders where XPOWERSTORE has no commercially reasonable shipping option, and XPOWERSTORE shall not be liable to the Client for cancellation of such orders. In such a case, XPOWERSTORE will reimburse the sums already paid by the Client.
4.2 All of XPOWERSTORE’s machines are delivered with ground service. Delivery charges are applicable on all orders. Delivery charges are applicable on XPOWER products. Charges for shipping and handling, if applicable, will be shown separately on the invoice. Client is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. If applicable, a separate charge for taxes and duty will be shown on Client’s invoice.
4.3 All orders received between Monday and Friday during normal business hours are dealt with within 24-48 hours. Orders received on weekends are dealt with the following Monday or Tuesday. Client understands that XPOWERSTORE cannot guarantee same day treatment.
4.4 You must be available for the next 1-10 days to receive your shipment once your order is confirmed.
5. RISK OF LOSS OR DAMAGE AND DELIVERY
5.1 Title in the Product shall pass to Client once the Product has been fully paid. Risk of loss shall pass to Client “ex works” XPOWERSTORE premises.
5.2 Any delivery or shipment dates given by XPOWERSTORE are estimates only and XPOWERSTORE is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
6.1 All sales are final but subject to the following return policy.
6.2 All custom order sales (XPOWER and custom-made accessories) are final and not returnable.
6.3 All sales purchased on a commercial lease through financing are final and the following return policy is not applicable.
6.4 Subject to the provisions below, if Client is unsatisfied with the Product, Client must notify XPOWERSTORE within 14 days from the date of delivery. The product must be shipped within 7 days from the date of the reception of the Return Shipping Label, and the tracking number must be provided to a XPOWERSTORE representative immediately by email. Failure to ship back on time or to provide the tracking number may cause the return request to be refused.
6.5 No Product may be returned unless previously agreed to by XPOWERSTORE. Client must fill in the return form on xpowerstore.com in the support section. Client must provide the name, model and serial number of the Product, a description of the problem or concern and a clear picture of the Product for evaluation.
6.6 The Client is responsible for the costs of used brushes and accessories and any work required to restore the Product to an open box sellable condition. All fees will be deducted from the customer’s refund after all costs associated with the transaction have been calculated; including but not limited to accessories used, scratches, cosmetic damages, hose usage, and any other damages.
6.7 Product must be returned with all shipping and insurance charges pre-paid. The Client is responsible for the shipping costs of the return shipment. Client will not be reimbursed for such charges, except where Product is being returned because it is deemed defective by XPOWERSTORE.
6.8 All returns must be properly packaged to prevent damage during shipment. An explanation of the problem or damage and a proof of purchase must be submitted with the return.
6.9 The Product must be received in an almost new and sellable condition.
6.10 Client will be responsible for insurance of the merchandise (at his costs) because XPOWERSTORE will not be responsible for damages or loses during shipment.
7. LIMITED WARRANTY
7.1 LIMITED WARRANTY
7.1.1 For a period of twelve (12) months following the purchase of the Product (the “Warranty period”), if the Client has used the Product under normal use and in strict conformity with the instructions and/or manual of operations provided by XPOWERSTORE and discovers any defects in material or workmanship and notifies XPOWERSTORE in writing thereof during the Warranty period, XPOWERSTORE shall use reasonable commercial efforts to repair or replace that portion of the Product found by XPOWERSTORE to be defective in material or workmanship or refund the purchase price of the Product or replace the Product or a portion of same. If the product is not repairable, a refurbished equivalent product, or a replacement equivalent product or a store gift certificate equivalent to the current value towards the purchase of a new product will be issued. If XPOWERSTORE exchanges the Covered Equipment, the original product becomes XPOWERSTORE’s property and the replacement product is your property, with coverage effective for the remaining period of the Original Warranty.
7.1.2 For the Warranty period starting twelve (12) months after the purchase of the product to a maximum of twenty-four (24) months after the purchase of the product, the Warranty shall cover parts only, excluding accessories, shipping and handling costs. During that period, XPOWERSTORE reserves the right to charge a Service fee for all Warranty claims, in order to repair or replace the defective Product with a replacement product that is new or equivalent to new in performance and reliability. All replacement products provided under this Warranty will at a minimum be functionally equivalent to the original product. If XPOWERSTORE exchanges the Covered Equipment, the original product becomes XPOWERSTORE’s property and the replacement product is your property, with coverage effective for the remaining period of the Original Warranty. Replacements of products having less than 12 months remaining on their original warranty period or that are out of warranty will be covered by a limited warranty of 12 months, starting from the date of replacement.
Detailed Service fees are available at : xpowerstore.com/servicefees
7.1.3 The warranty is void:
a) if the damages a result of an accident, abuse, freezing, impact, alteration, non-authorized usage, a major force, or use of other electricity than that indicated on the Product;
b) if repairs, modifications, or alterations were done by a person not authorized by XPOWERSTORE;
c) the owner or user neglected to do routine maintenance required and the damages or problems are directly related to such neglect. It is the Client’s responsibility to keep equipment in proper condition and to use exclusively XPOWERSTORE products so as to not damage the internal components;
7.1.4 Notwithstanding sections 7.1.1 and 7.1.2, XPOWERSTORE offers a lifetime warranty on boilers and a lifetime telephone support.
7.1.5 It is understood that certain parts of the equipment are not covered by the XPOWERSTORE warranty due to the fact they require replacement after multiple use. Such parts include, but are not limited to, buttons, hoses, vacuum head, covers, seals, etc. These parts will eventually require replacement at the Client’s cost.
7.1.6 XPOWERSTORE makes no warranty or representation that the Product complies with any local laws, rules or regulations and Client shall be responsible for obtaining all permits or authorizations required by any regulatory body for installation or use of the Product.
7.1.7 XPOWERSTORE MAKES NO OTHER WARRANTIES OR CONDITIONS AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XPOWERSTORE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED HEREIN. ANY IMPLIED WARRANTIES AND CONDITIONS THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. XPOWERSTORE’S LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH HEREIN.
7.1.8 The Client understands that it shall strictly comply with the operation instructions or manual provided by XPOWERSTORE in relation to the Product. FAILURE TO DO SO SHALL EXONERATE XPOWERSTORE FROM ANY WARRANTY AND LIABILITY WHATSOEVER.