PWRSS Terms and Conditions

Unless noted labor terms are subject to the following:

• Labor charges are based on normal business hours Monday – Friday, 8:00 am – 5:00 pm.
• After hours, Weekends & Holidays are subject to additional charges.
• Our labor quote is based on a contiguous 40 hour per week work schedule, with any schedule changes beyond the control of Power Storage Solutions, subject to additional T&E.  Examples of such schedule changes include site inaccessibility, denial of maintenance window work by the NOC, engineering changes and any equipment problems or beyond scope additions.

P.O. Terms:

All purchases are subject to the following terms and conditions.  Acceptance of this Work Proposal & Purchase Order is limited to the terms and conditions hereof, and Purchaser and Power Storage Solutions, LLC. (“Seller”) hereby reject any additional or different terms which may be verbal, contained in any acknowledgement of this Work Proposal & Purchase Order or any other document.  This offer expires thirty (30) days from the date of receipt by Purchaser.

Equipment/Battery Replacement.  The Replacement Cost reflected on the Work Proposal to which these purchase order terms and conditions have been attached include all items specified in the Work Proposal, and unless specified otherwise, would include: travel time, mileage, cost of described batteries and/or equipment, disposal of spent batteries, regular business hour installation by Seller’s service technicians, hotel or other living accommodations for service technicians, and necessary hardware and components, where applicable.  Any other services requested by Purchaser shall be as described in a Services Description Form.  Sales tax, freight, expedited, special, or inside delivery are NOT included unless expressly noted otherwise.   The Replacement Cost is subject to additional charges in the event of changed circumstances, battery or equipment manufacturer price increase, or other unknown variables affecting battery delivery, manufacture, or installation.  Such items would include, but not be limited to, restricted or impeded access to the work area or delivery site.  In the event the work described in the Work Proposal or Services Description Form is not commenced within 90 days from the date of the Purchaser’s acceptance of the Work Proposal, Seller reserves the right to cancel the Purchase Order at any time prior to the Seller’s commencement of such work.

Payment.  Full payment is due upon delivery confirmation of batteries and completion of the work described in the Work Proposal or in the Services Description Form, where applicable.  Seller reserves the right to invoice for batteries delivered separate from any services to be performed hereunder by Seller in the event the performance of such services is delayed due to no fault of Seller.  Payment terms are Net 30, invoice delivery date.  Additional charges in the amount of 1.5% per month will apply for payments not received when due.

Warranty.  Unless documented otherwise herein, Seller expressly does not warrant batteries provided hereunder but passes all manufacturer’s warranties on said batteries directly to Purchaser.

Inspection.  Batteries furnished under this Purchase Order shall be subject to inspection and acceptance at Purchaser’s designated location of final delivery.  Seller shall pay all shipping charges for the return or replacement of batteries in instances where batteries are, in Seller’s sole discretion, defective or do not conform to the specifications of the Work Order.

Purchaser Designs or Drawings.  Purchaser retains all right to designs and drawings furnished to Seller by Purchaser in connection with this Purchase Order and no such design or drawing shall, without Purchaser’s prior written permission, be used by Seller for any other purpose.

Shipment/Delivery.  Unless expressly noted otherwise in the Work Proposal or Shipping Details Form, all batteries shipped hereunder by Seller are F.O.B Destination with freight and handling prepaid by Seller and charged to Purchaser.  Freight charges may include any costs incurred to ship the batteries to Purchaser’s designated location.  Additional charges may be imposed for expedited, inside delivery and/or special handling.  Seller will coordinate with Purchaser regarding anticipated arrival date, battery replacement date and/or other work described in the Work Proposal.  Seller agrees to advise Purchaser of any obstruction that may restrict access and/or create additional installation time (i.e., stairways, narrow doorways, etc.).  Any such contingencies may result in corresponding cost adjustments.  Unless expressly stated herein, battery installation/ replacement will be performed Monday through Friday, 8am – 5pm, excluding holidays.   Installation/replacement outside of normal work hours may be available at increased pricing.

Legal Compliance.  Seller shall comply with all applicable Federal, State and local laws, and any applicable rules, regulations and orders issued under such laws, including those governing the transportation and disposal of spent batteries. Upon written request, Seller will provide Purchaser a receipt for the battery disposal showing the E.P.A. certification number from the disposal facility.

Insurance.  Seller will, at its own cost and expense, obtain and maintain in full force and effect the following insurance with sound and reputable insurers: workers’ compensation insurance in accordance with State statutory requirements; automobile liability insurance; and comprehensive general liability insurance for bodily injury and property damage.

Dispute Resolution.  Any controversy or claim arising out of or relating to this Purchase Order, the batteries provided hereunder, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. This Purchase Order and these terms and conditions herein shall be governed by and construed in accordance with the laws of the State of Texas and all controversies or claims shall be settled by arbitration held in Dallas, Texas. Judgment upon the award tendered by the Arbitrator(s) may be entered in a federal or state court having competent jurisdiction and sitting in Texas.