Terms of Use
TERMS OF USE
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Use”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
All New Features or Tools which are added to our site shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to services or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
SAFE SHOPPING GUARANTEE
Every online transaction you make is 100% safe.
You pay nothing if an unauthorized charge is made to your card as a result of shopping at our online store.
PAYMENT METHODS
- Visa
- Mastercard
- American Express
- Discover
- Pay Pal
- Company Check
- Personal Check
- Cashier's Check
- Money Order
- Wire Transfer
SALES TAX
Orders shipping to New York, New Jersey, California, and Colorado will be charged applicable sales tax according to applicable tax rates.
DUTY
Orders shipping to Puerto Rico will have a 6.6% duty applied and a $5.00 handling surcharge. Exact delivery times to PR cannot be guaranteed. PR orders will default to FedEx International Economy shipping. FedEx offers 2Day or overnight services to HI and AK.
PRODUCT TESTING
PowerSupplyUSA ships products in the condition they are received from original equipment manufacturers/ distributors. PowerSupplyUSA does not conduct product inspection or testing prior to shipping merchandise.
CHANGE ORDERS
You may request a change to your order provided the order has not already been charged to your account. Please email Service@PowerSupplyUSA.net to request a change in your order.
BACK ORDERS
Products that are currently unavailable will be placed on Back Order. You will be contacted concerning the Back Order status via email.
CANCEL ORDERS
You may request that an order be cancelled provided that the order has not been processed and shipped. Simply email Service@PowerSupplyUSA.net to request an order cancellation. You will receive a credit for the full amount to your payment provider promptly.
If you request cancellation an order that has already shipped, it will be treated as a Return and will be subject to our Returns Policy.
If you request to cancel an order that has already shipped under a Free Shipping offer you will be charged the actual shipping fees incurred by us to ship your order.
PROCESSING TIME
You can expect your order to be processed within three "business" days, provided the items are in stock and there are no problems with payment clearance.
PowerSupplyUSA does not guarantee same day shipping, delivery dates or delivery times. All shipping lead times are estimates.
Orders are processed during store hours and will not be processed on weekends or holidays. Orders with standard shipping are usually processed within 48 hours.
Orders will be received by clients using standard shipping, within 7 – 10 business days, excluding weekends, early closures and holidays.
RESELLERS
A reseller program is available. Please email us at Service@PowerSupplyUSA with your company information: company name, postal address, contact person, company phone, and the products you are interested in.
PRODUCT LISTINGS
PowerSupplyUSA strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors.
PowerSupplyUSA’s product listings and descriptions are not designed or intended to replace your personal product knowledge, experience and/or research, or that of a professional installer or licensed electrician.
In the event a product listed on our website is labeled with an incorrect price due to typographical, informational, technical or other error, PowerSupplyUSA shall in its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
Due to the fast pace of online business, the complex nature of products and/ or services, and the personal experiences of a given client, Reviews can become outdated or less accurate over time. They should never be the sole determining factor in a purchase decision, or, as a substitute for one’s own product research.
THIRD-PARTY LINKS
Certain content, products or services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Additionally, all hyperlinks to other websites from PowerSupplyUSA are provided as resources to customers looking for additional information and/or professional opinion. PowerSupplyUSA does not assume responsibility for the claims and/or representations made on these or any other websites.
PRODUCT REVISIONS
PowerSupplyUSA is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our clients, PowerSupplyUSA puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer.
PowerSupplyUSA relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, PowerSupplyUSA will not be held responsible for product revision changes.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to Return or Exchange only according to our Returns Policy.
We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
POWERSUPPLYUSA PURCHASE AGREEMENT
By accepting delivery of any product from PowerSupplyUSA ("PowerSupplyUSA"), you ("Client") agree to be bound by the Terms and Conditions listed herein. You and PowerSupplyUSA agree that the Terms and Conditions are the exclusive terms governing the sales transaction between client and PowerSupplyUSA. Any attempt to alter, supplement, modify or amend these Terms and Conditions will be considered a material alteration of this Agreement and, therefore, will be considered null and void.
Price, specifications and terms of offers are subject to change without notice. PowerSupplyUSA is not responsible for typographic or photographic errors.
Retail products are accompanied by the original manufacturer warranty.
PowerSupplyUSA provides technical support from third party providers. Sales advice is consultative and subject to approval by Engineering.
Return shipping charges for RMA’s are at the customers expense.
These Terms and Conditions are subject to change at any time, without prior written notice.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by, or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
DISCLAIMER OF WARRANTIES - LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PowerSupplyUSA our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
LIMITATION OF LIABILITY
PowerSupplyUSA’s maximum liability is limited to the purchase price of the product(s) sold.
PowerSupplyUSA shall not be liable upon a claim or action in contract, tort, indemnity, or contribution, or any other claims relating to the products it sells, which exceeds this liability limit.
PowerSupplyUSA shall not be liable for third party claims for damages against the client, or for malfunction, delay, interruption of service, or loss of business, whether or not PowerSupplyUSA has been made aware of the possibility of such claims or damages.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless PowewrSupplyUSA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use, or the documents they incorporate by reference, or your violation of any law, or the rights of a third-party.
WAIVER OF LIABILITY & INDEMNIFICATION
It is the responsibility of the Client to be familiar with the safe and correct installation and operation for all purchased equipment. PowerSupplyUSA has no opportunity to supervise the application, installation, or maintenance of the products used, nor to supervise and inspect the design and manufacture of products.
The purchaser agrees that by accepting delivery of products and material that they will be used solely at the Client’s risk. The Client will indemnify and hold PowerSupplyUSA, it's owners, employees and representatives free and harmless from all loss, liability, or damage resulting from an alleged failure or defect of any project built using products or publications purchased from PowerSupplyUSA.
By shopping with us and buying products through our website - you agree to this.
SATISFACTION GUARANTEE
PowerSupplyUSA offers a 30-day Satisfaction Guarantee on all purchases, unless otherwise indicated in product details. Clients must follow the Product Return procedures detailed in the PowerSupplyUSA Return Policy.
Any breach of PowerSupplyUSA’s Return Policy Procedure will result in the loss of PowerSupplyUSA's refund/replacement guarantee. Return shipments not in compliance with these instructions will be rejected.
WARRANTIES
Products are sold “As Is” and with “All Faults”. PowerSupplyUSA is a distributor-facilitator- expediter. We are not manufacturers. Products are warranted in accordance with each Manufacturer’s Individual Warranty and Support Policy.
The Customer acknowledges that they shall have recourse only under such warranties and only against the Manufacturer.
PowerSupplyUSA makes no representation or express warranty with respect to the product, except those stated herein.
PowerSupplyUSA disclaims all other warranties, express or implied, as to any product, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.
ALL ITEMS ARE SOLD "AS-IS" AND "WITH ALL FAULTS".
SHOULD ANY ITEM PROVE DEFECTIVE, DOES NOT FUNCTION, OR FUNCTIONS IMPROPERLY IN ANY WAY, THE BUYER, AND NOT POWERSUPPLYUSA WILL BEAR THE COST OF SERVICING OR REPAIR BEYOND THE SCOPE OR DURATION OF THE MANUFACTURER’S WARRANTY.
LIMITATION OF LIABILITY
PowerSupplyUSA’s maximum liability is limited to the purchase price of the product(s) sold.
PowerSupplyUSA shall not be liable upon a claim or action in contract, tort, indemnity, or contribution, or any other claims relating to the products it sells, which exceeds this liability limit.
PowerSupplyUSA shall not be liable for third party claims for damages against the customer, or for malfunction, delay, interruption of service, or loss of business, whether or not PowerSupplyUSA has been made aware of the possibility of such claims or damages.
GENERAL TERMS AND CONDITIONS - PAYMENTS
Payment is expected at the time of Order Placement. Orders are not binding until and unless they are Accepted by PowerSupplyUSA. Payments may be made by credit card, check or wire transfer.
SHIPPING CHARGES
The total cost of any product will include shipping and handling charges as shown on the PowerSupplyUSA invoice.
TITLE AND RISK OF LOSS
PowerSupplyUSA will arrange for the shipment of product(s) to the client, Free On Board (F.O.B.). Title to the product(s) and the risk of loss will pass to the client upon delivery to the insured carrier.
PowerSupplyUSA reserves a Purchase Money Security Interest in the product(s) until it is in receipt of the full amount due. Client agrees that PowerSupplyUSA is authorized to sign appropriate documents on the Client’s behalf to permit PowerSupplyUSA to protect its Purchase Money Security Interest.
PowerSupplyUSA will advise the Client of anticipated shipping dates, but PowerSupplyUSA will, under no circumstances, be responsible for delays in delivery, or associated damages, due to events beyond its control, including acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, or freight embargoes.
GOVERNING LAW AND JURISDICTION
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
The validity, interpretation, and performance of this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
AGREEMENT TO BINDING ARBITRATION
Any dispute, claim or controversy between you and PowerSupplyUSA, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'PowerSupplyUSA')
arising from or relating in any way to:
(1) these Terms of Use and their interpretation or their breach, termination or validity thereof, and the relationships which result from these Terms of Use;
(2) your use of any website owned or operated by PowerSupplyUSA and its affiliated brands; or
(3) any products or services sold or distributed by PowerSupplyUSA and its affiliated brands or through any website owned or operated by PowerSupplyUSA and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
SOLE EXCEPTION TO ARBITRATION
Notwithstanding the foregoing, in lieu of arbitration:
(1) either you or PowerSupplyUSA can bring an individual claim in
small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and
(2) you agree that you or PowerSupplyUSA may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
JURY TRIAL AND CLASS ACTION WAIVER
Except as the Terms of Use otherwise provide, you and PowerSupplyUSA acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and PowerSupplyUSA may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity.
The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
Other rights that the parties have if they went to court, such as access to discovery, may be unavailable or limited in arbitration.
GOVERNING LAW
You and PowerSupplyUSA agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond, or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of New York apply.
INITIATING ARBITRATION AND ARBITRATION RULES
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advance written notice of its intent to file for arbitration. PowerSupplyUSA will provide such notice by email to your e-mail address on file with PowerSupplyUSA and you must provide such notice by email to Service@PowerSupplyUSA.com.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA.
To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA –
American Arbitration Association
Case Filing Services,
1101 Laurel Oak Road, Suite 100,
Voorhees, NJ 08043
and to –
PowerSupplyUSA at Service@PowerSupplyUSA.com.
The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
ARBITRATION FEES
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
Finally, the client agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against PowerSupplyUSA that is more than one year after the date of the applicable invoice.
SEVERABILITY
If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.
WAIVER
The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any Term or Provision of these Terms of Use, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
These Terms of Use, together with PowerSupplyUSA's invoice regarding the products ordered by the client and any policies or operating rules we post on the site, or in respect to the service, constitute the complete and exclusive Agreement and understanding between PowerSupplyUSA and the client.
These Terms and Conditions are the complete and exclusive Agreement between PowerSupplyUSA and the client. They supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between PowerSupplyUSA and the client relating to the subject products.
Any failure to exercise or enforce any Right or Provision of these Terms of Use shall not constitute our waiver of such Right or Provision.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.