By placing an order, you acknowledge that you have read, accepted, and have agreed
to be bound by these terms of sale, without limitation or qualifications. These terms of
sale are subject to change without prior written notice and at any time at Innovative
Energy Solution Inc.'s sole discretion.
1. Products. Innovative Energy Solutions, Inc. may discontinue any product at any time
2. Price Errors. Our goal is a 100% error-free Site. If price errors are discovered, they
are promptly corrected and the corrected price will apply. We will notify you
immediately if your order includes items that were incorrectly priced.
3. Orders. Orders are not binding upon Innovative Energy Solutions, Inc. until
accepted. Innovative Energy Solutions, Inc. reserves the right, without prior
notification, to limit the order quantity on any item and/or refuse service to any
customer. Verification of information may be required prior to the acceptance of any
4. Payment. Innovative Energy Solutions, Inc. accepts Visa, Master Card, American
Express, or PayPal.
5. Sales Tax. You are responsible for the payment of any state and local sales or use
taxes that may apply to your order. The sales tax is calculated based on the full
invoice price, and may include charges for shipping and handling if required by law.
6. Warranties. ALL PRODUCTS ARE SOLD "AS IS," AND INNOVATIVE ENERGY
SOLUTIONS, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE
PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A
PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain
implied warranties, so some of the above exclusions may not apply to you.
7. Mistaken and Damaged Shipments. Innovative Energy Solutions, Inc. will replace
the order and refund any applicable shipping costs if we made an error with your
order. Please note any obvious damage or shortage while applying your signature at
the time of delivery and make all claims for replacement or credit within 14 days of
delivery. To return any mistaken or damaged item, please contact us to obtain a
Returned Material Authorization (RMA). For damaged orders, keep the original box
and all packaging materials for possible inspection by the carrier and/or return to
Innovative Energy Solutions, Inc.. Innovative Energy Solutions, Inc. may at any time
limit the number of delivery attempts based on unfavorable delivery history resulting
from, but not limited to, damage, loss, or theft.
8. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, INNOVATIVE
ENERGY SOLUTIONS, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR
ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM
ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG,
PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR
OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INNOVATIVE
ENERGY SOLUTIONS, INC. EXCEED THE AMOUNT YOU HAVE PAID TO THE
COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY
AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
9. Severability. If any provision of these Terms of Sale are held illegal, unenforceable
or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such
provision shall be deemed severed from these Terms of Sale and the validity of the
remainder of these Terms of Sale shall not be affected thereby.
10. Governing Law. These Terms of Sale shall be governed by and construed in
accordance with the laws of the State of Oklahoma applicable to contracts made and
to be enforced wholly within the State of Oklahoma.
11. Arbitration. Any dispute or disagreement arising out of these Terms of Sale, or
breach thereof, shall be settled by arbitration administered by the American Arbitration
Association ("AAA") under its Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. Such arbitration shall be held in Oklahoma City, OK.
12. Jurisdiction and Venue. You and Innovative Energy Solutions, Inc. (collectively the
"Parties;" individually a "Party") irrevocably agree that any legal action, suit or
proceeding brought by it in any way arising out of these Terms of Sale must be
brought solely and exclusively in the federal or state courts of the State of Oklahoma
located in the City of Oklahoma City, OK, and irrevocably accept and submits to the
sole and exclusive jurisdiction of each of the aforesaid courts in person, generally
and unconditionally with respect to any action, suit or proceeding brought by it or
against it by the other Party.
13. Waivers and Amendments. The waiver by either Party of any provision of these
Terms of Sale on any occasion and upon any particular circumstances shall not
operate as a waiver of such provision of these Terms of Sale on any other occasion
or upon any other circumstances. These Terms of Sale may be waived or amended
only in a writing signed by the Parties.
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