Updated: January 26, 2022
These terms of sale (these “Terms”) apply to products purchased through eepowersolutions.com (the “Product”) offered by Eagle Eye Power Solutions, LLC, a Wisconsin limited liability company with its principal offices at 6306 Eastwood Court, Mequon, WI 53092 (“Eagle Eye” or “our” or “we” or “us”). Questions about the Products and these terms of sale can be directed to 1‑877‑805‑3377 or info@eepowersolutions.com.
Applicable Terms
These Terms are in addition to the Legal Notice and Privacy Policy listed on our website, eepowersolutions.com (the “Site”). Please read the Legal Notice, Privacy Policy, and these Terms carefully before purchasing any Product. Any proposal that includes different or additional terms that vary from these Terms are objected to and disallowed. Notwithstanding the foregoing, any such counterproposals by you shall not operate as a rejection of the contract of sale, but as a rejection of the additional or different terms.
If there is any conflict between our Legal Notice, Privacy Policy, invoice and these Terms, the conflict shall be resolved by applying the following order of priority: (1) these Terms, (2) Legal Notice and (3) Privacy Policy.
Ordering Products
Our store is hosted by WooCommerce.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue any Product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product. We have made every effort to display as accurately as possible the colors and images of the Products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products are subject to change at anytime without notice, at the sole discretion of us.
Limited Warranty and Limitations on Liability
Subject to the limitation in this section, we warrant to you for a period of one year from the date of shipment that the Product will be free from material defects in material or workmanship under normal use and service (the “Limited Warranty”).
The Limited Warranty does not extend to Product subjected to misuse, negligence (other than that of us), accident, environmental conditions, improper storage or which have been altered by anyone other than Supplier. Without limiting the foregoing, the Limited Warranty does not cover damage to Product arising from static or over-voltage caused by misuse. The Limited Warranty does not cover any liability associated with loss of recorded data, the cost of recovery of lost data, lost profits, or costs associated with any inspection or testing. We will have no liability under the Limited Warranty for (i) Product that are stolen or Product not sold to the original end user; (ii) Product that fails due to fire, flood, acts of God or other causes beyond our reasonable control.
Under these Terms, your sole remedy for any material defect under the Limited Warranty is the repair or replacement of the Product with the material defect, at our expense, returned to us with our prior written authorization. Prior to the return of any Product, you must obtain from us a return merchandise authorization (RMA) number within 45 days of you becoming aware of the suspected material defect. Requests for RMA numbers shall be sent to info@eepowersolutions.com. Failure by you to solicit an RMA number will invalidate the Limited Warranty. To the extent we determine in our sole discretion that the Product failed due to misuse, negligence (other than that of us), accident, environmental conditions, improper storage or alteration by anyone other than us, we may bill you for the repaired Product, and the cost to have the Product returned will be added to the invoice.
In no case will Supplier be liable for consequential, incidental, punitive, special or indirect damages; nor will Supplier’s liability for damages exceed the amount Buyer paid for the defective Product or Products.
THE ABOVE EXPRESS WARRANTY (i.e., THE LIMITED WARRANTY), IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SUPPLIER AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUCH OTHER WARRANTIES BEING DISCLAIMED. The duration of any implied warranty which cannot be disclaimed is limited to the one-year period specified in the Limited Warranty.
Entire Agreement
These terms of use, together with the Legal Notice, Privacy Policy and invoices, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral.
Force Majeure
We shall not be liable to you for any breach of its obligations or termination under these Terms arising from causes beyond our reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Product caused by a death in the trainer’s family, illness of the trainer, government order or regulation.
Law and Jurisdiction
These terms of use and any disputes hereunder shall be governed by and construed in accordance with the internal laws of the State of Wisconsin (without regard to principles of conflict of laws). The parties hereby stipulate and agree that any proceeding arising under or in connection with this Agreement will be commenced and prosecuted in its entirety in either the United States District Court for the Eastern District of Wisconsin or the Wisconsin Circuit Court for Ozaukee County, Wisconsin. Each party hereby agrees and acknowledges that it will not assert in any such action or proceeding that such court lacks personal jurisdiction or is not a convenient forum, and that the rights of both such persons to contest the jurisdiction or venue thereof are hereby waived to the fullest extent permitted by law.
Updates
From time to time, we will update these terms of use to track current practices and make changes that may be required by law. When updated, we will post them on our website, and note when the updated terms of use take effect with the “Last updated: [month, day and year]” notation at the beginning of the terms of use.
