PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WARRANTY CAREFULLY (can all agreements incorporated herein by reference), as it is a legal agreement between you and Incenergy LLC. `(“Incenergy”)
By signing the quote of Incenergy Product(s), you agree that (i) you have read and agree to these Incenergy terms and conditions of warranty (“Standard Terms”) and you have full power and authority to execute this Agreement and bind Customer (as hereinafter defined); (ii) you acknowledge and agree that the Incenergy web portal service (the “Service”) which will enable you to operate and manage the Incenergy controls remotely and create and view energy performance reports, will require you to (a) request support your login information at firstname.lastname@example.org and (b) agree to be bound by Incenergy’s then current End-User License Agreement (“EULA”, provided by Incenergy during the registration process).
The Order and the Standard Terms, together with all other agreements referred to herein and hereby incorporate by reference, are together referred to as the “Agreement”. The Agreement shall be between Incenergy, having its place of business at 1135 W 6th Street, Suite 140, Austin, TX, United States (phone contact details are provided below) and the person specified in the Order (“Customer”, “you”), having its principal place of residence or business at the address specified in the Order. The Agreement shall be effective as of the date Customer successfully submits the signed quote to Incenergy (“Effective Date. No variation of these Standard Terms shall be binding unless agreed in writing between Incenergy and Customer. In consideration of the mutual covenants herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Returns: Customer must accept all Products tendered under this Agreement. Under no circumstances is Customer permitted to reject or return products without Incenergy’s prior written consent, unless otherwise specified on a particular Order. Defective Products shipped to Customer may be returned only with a “Product Return Authorization” or (“PRA”) available on Incenergy’s website prior to return, and must comply with Incenergy’s policies and procedures then in effect. Approved returns must be (i) accompanied by a PRA number issued in advance, (ii) in good (serviceable) condition to Incenergy’s facility from which it initially shipped, ordinary wear and tear excepted, (iii) be accompanied by a packing slip, including Incenergy’s Return Authorization Number, and (iv) have transportation charges prepaid. Seller reserves the right to deduct an adequate service charge to cover all inspection, labor, testing and handling from any credit. All repairs are made on an FOB Customer basis. All transportation charges on Products returned for repairs must be prepaid by Buyer. Credit for returns complying with PRA procedures will be issued by Incenergy only upon receipt and inspection of returned Product.
2. Software: The Product includes certain embedded property software and firmware (“Software”). All use of the Software by Customers shall be subject to terms and conditions of the End User License Agreement (“EULA”).
3. Installation: Customer understands that this product requires physical installation at the facilities described on the Quote document provided by .
4. Product Warranty: Warrants that the Equipment will be merchantable fit for the purposes for which it was intended, and free from material defects in design, materials and workmanship. Remedies for any breach of this warranty are limited to the repair or replacement of the applicable portions of the Equipment, provided that completes such repairs or replacements promptly. The warranty described in this section survives for the longer of: one year from date of delivery, or as long as Customer maintains Full Services with .
The warranty described in this section does not apply to any portion of the Equipment damaged by Customer or a third party. In the event Customer or a third party causes damage to any portion of the Equipment, Customer shall request that repair the Equipment and shall be responsible for all reasonable repair costs. will invoice Customer for any repair work performed, and Customer shall pay all amounts due within 30 days after receipt of the invoice.
5. Warranty Service: In the event of a failure of a Product sold by , Customer may, subject to the terms and conditions of the Customer Warranty: (a) contact at 1 (512) -327-2020 (b) will make the determination whether a replacement product can be set to the customer or whether the Product should be returned to for repair. All costs of shipment shall be borne solely by the end-user customer.