ONLINE SALES TERMS AND CONDITIONS

TERMS

The use of Global Power Supply LLC’s website and the placement of orders through our website are governed by and subject to the following terms and conditions (“Terms”). Global Power Supply LLC is herein also referred to as, “us,” “we,” and “our.” By accessing and using our site or placing an order, you are entering into a legally binding agreement with us and agree to be bound by these Terms. It is important that you read and understand these Terms before using the site or placing an order. We reserve the right to update, revise or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes. Changes will not apply to any orders we have already accepted unless the law requires otherwise. Global Power Supply LLC hereby objects to any additional or different terms set forth in any quote or other documentation provided by you to us. If you do not agree to these Terms or do not want to be bound by them, please do not use our website.

IMPORTANT NOTE

Global Power Supply LLC strongly recommends that you thoroughly read the following sections of these Terms: “Right to Cancel; No Returns; Refunds,” “Price and Payment,” “Arbitration,” “Exclusions and Limitations of Liability,” “Indemnification,” and “Disclaimers.” These provisions limit our liability and determine how disputes will be resolved, including through arbitration a class action waiver and without the option of a jury trial. If you are a California resident, please also review the “Additional Disclosures for California Residents” section of our privacy policy for information on your rights under the California Consumer Privacy Act (CCPA).

YOUR ACCOUNT DETAILS

To use certain features and functionality on our site, you will need to create a user account (“Account”). During the Account registration process, you will be required to provide us with certain information. It is important that the information you provide is accurate, complete, and current, including when placing an order. You should also update any information provided to us or requested by us as soon as it changes. You must keep your login information confidential and not allow anyone else to use your Account. You may not solicit, collect, or use the login credentials of other individuals, and you must not impersonate anyone else or use a false name or a name that you are not authorized to use. You also agree not to create an Account for anyone other than yourself. If you suspect any unauthorized use of your Account or any other security breach, you must notify us immediately at info@globalpwr.com or call toll free at 1-800-706-0906. You may not sell or transfer your Account. We reserve the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion. We will not be responsible for any loss or damage resulting from the unauthorized use of your Account, whether or not you were aware of it. You are solely responsible for failing to protect your information or for allowing anyone else to access or use your Account, and you agree that we may attribute all use of your Account to you.

PRODUCT PURCHASES

We cannot guarantee compatibility or suitability of products sold for your particular situation. You are responsible to fully research compatibility and suitability prior to purchase.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Account.

To place an order with Global Power Supply LLC, simply click the “pay now” button at the end of the checkout process and follow the prompts on the website. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes and fees. During this process, you will have the opportunity to review and make any necessary changes to your order. Upon completion, you will receive an email confirmation with the details of your order and acknowledging our receipt of your order. Please be aware that this confirmation does not mean that your order has been accepted. Your order will be considered accepted when the product(s) is/are dispatched. We reserve the right to cancel your order at any time before we have accepted it, and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third-party fulfillment provider’s inventory.

In the event that we are unable to accept your order, we will inform you via email and will not charge you for the product. If payment has already been taken, we will issue a refund, which may take up to 7 business days to be transferred to you. There are various reasons why we may be unable to accept an order, including if the product is out of stock, if we are unable to verify your payment or billing information, if there are unexpected resource limitations, if there is an error in the price or description of the product, if we suspect that the order has been placed for fraudulent purposes, if the order is flagged as unusual or potentially fraudulent by our security systems, if we are unable to deliver to the provided address, or due to an unforeseen event, circumstances or condition. We will assign an order number to your order for reference when contacting our customer service team. Please note that all transactions will be conducted in English.

CHANGING YOUR ORDER

At Global Power Supply LLC, we strive to fulfill orders as quickly as possible. However, this means that once an order has been placed and payment has been processed, we are unable to make any changes to the details of the order, such as the delivery address, product type, or quantity. If you wish to add additional products to your order, you will need to place a new order. If you have any questions, please don’t hesitate to contact our customer service team at info@globalpwr.com or call toll free at 1-800-706-0906.

PRODUCT DESCRIPTIONS

We do our best to ensure that all products and their descriptions, as well as the prices listed on our website, are accurate. However, please be aware that there may be occasional typographical errors, inaccuracies, or omissions. We reserve the right to correct any mistakes and to cancel any orders that may result from them. If you have any questions or concerns about a product, please don’t hesitate to contact our customer service team at info@globalpwr.com or call toll free at 1-800-706-0906.

SHIPMENT AND DELIVERIES

Shipping is anywhere within the Continental United States. Shipping is at the discretion of Global Power Supply LLC to choose the freight carrier. All products will be shipped F.O.B. shipping point (INCOTERMS 2020). We will arrange for transportation in accordance with the shipping information you provide on your order.

It is important that you provide us with a complete and accurate delivery address. We are not liable if you provide us with incomplete or inaccurate information. You will be responsible for paying all shipping and handling charges as specified during the ordering process. The shipping costs will be displayed to you on our website before you finalize your order. By submitting your order, you agree to these charges.
We will use all reasonable commercial efforts to maintain the delivery dates quoted by you; however, delivery dates will vary depending on the destination and unforeseen events, they are estimates and are not guaranteed. The estimated delivery time will be confirmed in your dispatch confirmation email. Any delay in the scheduled delivery date caused by or requested by you shall not change the due date of any payments due to us. If the delivery of product(s) is postponed or delayed by you for any reason or is delayed due to any unforeseeable event, circumstances or condition, you agree to pay all costs associated with the delayed delivery, including but not limited to storage costs, handling, transportation, applicable state and local taxes, and any other costs incurred by us in making further attempts to deliver the product(s), and such product(s) will be stored at the risk and expense of you. We are not responsible or liable for any cost, expense or damage due to a delay in a scheduled delivery. Upon delivery you shall promptly inspect the product(s) before the carrier leaves your delivery site for any non-conformity or damage. Damages must be identified and signed for at the time of delivery. We are not liable for any loss or damage during transit or for the acts or omissions on the part of the carrier. Any claims for loss or damage suffered in transit shall be submitted by you directly to the carrier.

TITLE

Title to the product(s) shall not be passed to you until full payment of all invoiced amounts due has been received by us.

PRICE and PAYMENT

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

When you make a purchase on our site, you agree to pay the listed price for the product(s) you have chosen. These prices are stated in US dollars. All payments shall be due in full without any setoff or withholding for any reason. Prices on the products may change from time to time and do not include shipping and handling fees or applicable sales taxes. You will be responsible for paying freight charges and any applicable state, and local sales or use taxes, which will be added to your total during checkout.

You agree to pay all charges that may be incurred by you or on your behalf through our site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

Payment processing is done through Payjunction. Credit card payments, including recurring charges, are processed through third party payment processors. These processors will collect and retain your credit card information in order to process your payment. Your submission of personal information is governed by our Privacy Policy, which is incorporated into and made part of these Terms.

RIGHT TO CANCEL; RETURNS; REFUNDS

An order that has been shipped cannot be cancelled. If you refuse an order which has already been shipped and that is not due to damage, you will be responsible for paying an ORDER RETURN FEE. We incur a fee from the freight carrier to return items that have been shipped, this fee is dependent on the item refused and the destination location.

Global Power Supply LLC only accepts returns for products purchased on our website if the product arrives damaged. If your claim is valid, we will either exchange the product or refund the purchase price and shipping costs. We shall not be required to pay any transportation charges for the return of any product(s) unless we authorize such return in advance and consent to paying the transportation charges. You must contact our customer service team within 48 hours of delivery of the product by emailing info@globalpwr.com. We may request photos of the product and a copy of your confirmation email, as well as your name, address, order number, reason for the request, phone number, and email address.
Refunds will be processed using the original payment method. If you paid by credit card, you must provide the necessary information to our customer service team when initiating the return so that we can refund the money directly to your credit card account.

DELAY AND EVENTS BEYOND OUR CONTROL

If any delays or failures in our obligations, in whole or in part, under these Terms are caused by or arising from any event, circumstances or condition beyond our reasonable control, including, but not limited to, natural disasters, severe weather, fire, floods, landslides, accidents, labor disputes, strikes, lockout, supply shortage, transportation shortage, government requests, laws, regulations, order or actions, or any other event, circumstances, or condition beyond our reasonable control, we will not be held responsible or liable for any loss or damage you incur directly or indirectly. We will make every effort to promptly inform you if the delivery of your product(s) is affected by any such event, circumstances or condition.

WARRANTY AND DISCLAIMER

ALL PRODUCTS ARE SOLD ON AN “AS-IS, WHERE IS” AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEDSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEDSITE WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GLOBAL POWER SUPPLY LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF OR THE INABILITY TO USE, OR AS PART OF YOUR INTERACTIONS WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION IN TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR WEBSITE; AND/OR (V) USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

FURTHER, IN NO EVENT IS GLOBAL POWER SUPPLY LLC LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES DUE TO DELAY IN DELIVERY OR PERFORMANCE, LOSS OF REVENUE OR PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF TIME, REPLACEMENT COSTS, OR ANY OTHER ECONOMIC OR NON-ECONOMIC DAMAGES OR LOSSES OF ANY KIND. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO STRICT LIABILITY, CONTRACT, WARRANTY, NEGLIGENCE, OR ANY OTHER TORTIOUS OR LEGAL THEORY OF LIABILITY WHATSOEVER, OR AN ACTION IN EQUITY, EVEN IF GLOBAL POWER SUPPLY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION.

IN NO EVENT SHALL THE TOTAL LIABILITY OF GLOBAL POWER SUPPLY LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE PRODUCTS, EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO GLOBAL POWER SUPPLY LLC FOR YOUR ORDER.
Our website may contain links to other sites, which are outside our control and are not covered by these Terms. If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you.

INDEMNIFICATION

You agree to defend, indemnify, and hold Global Power Supply LLC harmless from and against any and all damages, demands, lawsuits, actions, claims, allegations, fines, penalties, liabilities, judgements, settlements and expenses, including, without limitation, attorney’s fees, expert and non-expert witness fees, court costs and fees associated with any legal proceeding including, but not limited to litigation, arbitration and/or mediation, that arises out of, results from, or is in connection with your use of our website, your breach of these Terms, your violation of the rights of any third parties, your violation of any applicable laws or regulations (including applicable laws or regulations in connection with the product you purchase), any misrepresentations made by you, or any personal injuries (including death) or property damage, of any nature or kind whatsoever, resulting from your purchase, possession and/or use of the purchased product. Global Power Supply LLC has the right to take control of the defense of any claims, at your expense, for which you are required to indemnify us, and you are not allowed to settle any claims without Global Power Supply’s prior written consent.

SUSPENSION AND TERMINATION

We reserve the right to modify or terminate access to our website or your Account at any time, without prior notice, for any reason. This may include actions such as improving the appearance or functionality of the website or conducting content updates and maintenance for business or operational purposes. You may also choose to terminate your use of the website or your Account at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. The termination of access will not limit any of our other rights or remedies. Certain provisions of these Terms, including those related to the ownership of material on the website, indemnification, exclusions and limitations of liability, disclaimers, arbitration, governing law, and general provisions, are intended to survive the termination of these Terms or your access to the website or Account and will remain in effect after such termination. We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through our website. You waive and release Global Power Supply LLC from any claims arising from actions taken by these parties or law enforcement authorities during or as a result of investigations.

AGE RESTRICTIONS ON USE OF OUR WEBSITE

To use our website you must be at least the age of 18. Global Power Supply LLC does not intentionally collect information from children under the age of 18. Users who are under the age of 18 are not permitted to use our website or submit any personal information to it. If a parent or guardian believes that we may have mistakenly collected personal information from their child, they can contact us at info@globalpwr.com or via phone at 800-706-0906.

ARBITRATION

If you have any disputes with us arising out of or relating in any way to your access to or use of our website, any communications you receive, these Terms or any product or services provided by us, you agree to resolve those disputes by a single arbitrator pursuant to proceedings administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be held in the courts of the City of Los Angeles in the State of California and/or the United States District Court for the Central District of California, Western Division. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitrator’s award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This includes disputes based on contract, tort, equity, statute, or any other legal theory, as well as disputes about the scope or enforceability of this arbitration provision. However, either party has the option to bring any dispute that falls under the jurisdiction of small claims court or claims for injunctive relief to protect intellectual property rights in any court of competent jurisdiction rather than arbitration. If for any reason a dispute may proceed in court rather than in arbitration, EACH PARTY UNDERSTANDS AND AGREES TO IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING. Global Power Supply LLC reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Central District of California, Western Division.

Before either party may initiate an arbitration proceeding or initiate any action in small claims court or claims for injunctive relief to protect intellectual property rights, you and Global Power Supply LLC agree to engage in a good faith effort to resolve any dispute informally. We are committed to working with you to reach a prompt, low-cost and mutually beneficial resolution. This informal resolution is a mandatory precondition to commencing arbitration. If informal dispute resolution does not resolve satisfactorily within sixty (60) days, or as otherwise mutually agreed, you and Global Power Supply LLC agree that either party shall have the right to resolve the dispute through binding arbitration.
This dispute resolution provision shall survive any termination or cancellation of your relationship with GLOBAL POWER SUPPLY LLC.

GOVERNING LAW

The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made though our website) using or related to our site, shall be the laws of the State of California, USA, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of our website, including all disputes and claims, will be governed by the laws of the State of California.

WAIVER AND SEVERABILITY

The failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, you may be entitled to certain consumer rights under California Civil Code Section 1789.3 if the website is considered an electronic commercial service. If you have any complaints about the website or would like to learn more about its usage, please contact Global Power Supply LLC at info@globalpwr.com or via phone at 800-706-0906.

ONLINE SALES TERMS AND CONDITIONS

TERMS

IMPORTANT NOTE

OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE

YOUR ACCOUNT DETAILS

PRODUCT PURCHASES

CHANGING YOUR ORDER

PRODUCT DESCRIPTIONS

SHIPMENT AND DELIVERIES

TITLE

PRICE and PAYMENT

RIGHT TO CANCEL; RETURNS; REFUNDS

DELAY AND EVENTS BEYOND OUR CONTROL

WARRANTY AND DISCLAIMER

LIMITATION OF LIABILITY

INDEMNIFICATION

SUSPENSION AND TERMINATION

AGE RESTRICTIONS ON USE OF OUR WEBSITE

ARBITRATION

GOVERNING LAW

WAIVER AND SEVERABILITY

NOTICE TO CALIFORNIA RESIDENTS

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