Terms of Service

UP400 Smart Generator Pre-Order Agreement

Terms & Conditions

Documentation. Your UP400 Smart Generator Pre-Order Agreement (the “Agreement”) is made up of the following documents:

  • Generator Configuration: The Generator Configuration will be confirmed at checkout. It will describe the generator that you configure, including pricing (excluding taxes and official or government fees).
  • Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your Generator Configuration and will include taxes and official or governmental fees.
  • Terms & Conditions: These Terms & Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).

Agreement to Purchase. You agree to pre-order the generator (the “UP400”) that you configured when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Generator is ready for delivery from PowerUp Energy Technologies, Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Generator is priced and configured based on features and options available at the time of order and you can confirm availability with a PowerUp Energy Technologies representative. Options, features or hardware released after you place your order may not be included in or available for your Generator.

Pre-Order Price, Taxes and Official Fees. The pre-order price of the Generator will be confirmed in your Generator Configuration and Final Price Sheet. As you may have only configured part of your Generator, any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate. Any pre-order price listed in the Generator Configuration will not include taxes and official or government fees, which could amount to up to 20% or more of the Generator pre-order price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Generator, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees.

Pre-Order Process; Cancellation; Changes. After you submit your completed pre-order and the options you selected become available in production, we will invite you to complete the configuration of your Generator. We will then issue you the Generator Configuration and Final Price Sheet based on the base price of the model and any options included or that you select. Your Pre-Order Payment is a deposit for the Generator. Until your Generator is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. If you make changes to the configuration of the Generator, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your Generator Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Generator Configuration that will form part of this Agreement. This Pre-Order Payment and this Agreement are made or entered into in anticipation of or pending any conditional sale contract.

Delivery. You will be delivered the Generator you have ordered once all payments have been confirmed. Depending on where you are located and the different customs the Generator has to go through the shipment time might be delayed. In such a case, you agree that this is a shipment contract under which PowerUp Energy Technologies will coordinate the shipping of the Generator to you via a third-party commoncarrier. You agree that delivery of the Generator, including the transfer of title and risk of loss to you, will occur at the time your Generator is loaded onto the common carrier’s transport. The carrier will ensure your Generator while in transit and you will be the beneficiary of any claims for damage to the Generator or losses occurring while the Generator is in the possession of a common carrier.

You understand that PowerUp Energy Technologies may not have completed the development of UP400 or begun manufacturing UP400 at the time you entered into this Agreement and so we do not guarantee when your Generator will actually be delivered. Your actual delivery date is dependent on many factors, including your Generator’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Generator and all proceeds there from until your obligations have been fulfilled.

Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.

No Resellers; Discontinuation; Cancellation. PowerUp Energy Technologies and its affiliates sell generators directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Generator or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.

Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell generators that is nearest to your address indicated on your Generator Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Generator sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this to the terms and conditions of this Agreement.

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