Iron Edison Terms and Conditions
Terms and Conditions
- Contractual agreement: This document (the Agreement) constitutes a binding sales agreement between the Iron Edison Battery Company, LLC (the Company) and the purchasing party (the Customer). The Iron Edison Battery Company is hereby obliged to deliver all goods and services outlined in the attached sales quotation (the Quote) according to the terms of this Agreement.
- Payment: Full Payment is required before any battery will ship.
- Warranties and limitation on liability: In the event of a claim of defective workmanship or performance, the notice of the warranty claim must be submitted in writing and must describe the claim in sufficient detail to determine the nature of the problem(s), and must be signed by the Customer.
- Default: In the event that either party defaults in performing any covenant hereof, the non-defaulting party shall deliver to the defaulting party a dated “notice of default,” specifying the default and requesting the correction thereof. In the event it is not corrected within ten (10) days after receipt of said notice, the non-defaulting party shall have all remedies at law and in equity for said default. All parties must agree to a remedy for default provided under Colorado law. In the event of customer default, the Company shall have the right, but not the obligation, to suspend or terminate its work(s), to retain all deposits then held, to peacefully repossess all materials previously delivered or installed for which payment has not been made in full, and to terminate this agreement.
- Notices: Any notice shall be sufficient of delivered to the address of the party given in the agreement, by electronic mail (email) or by U.S. mail.
- Assignment: Neither this agreement nor any warranty granted herein is assignable.
- Act of God and delays: In the event the completion of work or the delivery of goods is prevented or delayed due to any reason, and the completion of work or delivery of goods shall be delayed more than 180 days from signing the Agreement, then the Company and the Customer shall sign a change order reflecting the new expected delivery date. If the Customer declines to sign the change order then this agreement may be terminated, where upon the Company shall refund to the Customer all deposits for undelivered goods or services. All sums then due to the Company for work(s) completed or goods previously delivered shall be immediately due and payable to the Company.
- Cancellation of order: Once the payment has been processed, the order cannot be cancelled or suspended for any reason other than stated in section 7.
- Effective date of this agreement: This Agreement becomes effective when payment is received by the Company.
- Governing law, venue, waiver of the jury trial and attorney fees: This agreement is to be governed by the law of Colorado. Venue for any action may, at the Company’s option, lie in its home county. The parties intentionally waive the right of a jury trial, in any litigation arising under this agreement; the prevailing party shall recover its attorney fees and costs.
- Entire agreement: This Agreement and the Quote constitute the entire agreement between the Iron Edison Battery Company and the Customer.
- No prior representation: There is no representation, past or present, by the Company or any person acting for the Company, which does not appear herein.
- Amendment: This agreement may not be amended except by a written change agreed upon and signed by both the Company and the Customer.
- Severability: Any remaining provisions hereof shall remain in full force and effect.
- Acceptance: When payment for a quote is received, this represents acceptance of the contract and agreement to these general terms and conditions.