Last Updated 10/10/2024
This General Terms and Conditions Rider (“Rider”) applies to all contracts between OnPoint Generators, Inc. (“Contractor”) and the Client. By entering into a contractual agreement with the Contractor, you agree to the following terms and conditions:
Sales and Returns: All sales are final. The Contractor does not accept returns or provide refunds, except as required by law or as expressly provided in the contract.
Dispute Resolution: Any dispute, controversy or claim arising out of or relating to the contract, or the breach thereof, shall be settled by mediation or arbitration in a venue selected by the Contractor, unless otherwise agreed by the parties in writing.
Notice of Mechanics Lien Rights: In accordance with the California law, the Contractor reserves the right to file a mechanics lien against the property where services were provided if payment is not received in full. This notice serves as a preliminary warning of this right.
Late Payment, Fees, & Expenses: Processing fee of 3.2% shall be charged to Client on all credit card payments. If any amounts owed to the Contractor remain unpaid for more than 30 days after the due date, Contractor reserves the right to assess late fees and interest on those amounts at the maximum rate permitted by law. Contractor shall be entitled to recover reasonable collection costs and attorney’s fees if required to enforce this agreement. Contractor reserves the right to bill additional fees and costs associated with performing additional administration of Client-required invoicing, reporting, insurance, payment, or other administrative systems and tasks back to Client. Expenses pertaining to Client’s site and equipment arising from third-parties, but related to Contractor’s scope are the responsibility of the Client and may be billed to Client at cost if required to complete Contractor’s scope.
Disclaimer of Warranties: The Contractor expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. The Contractor shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Contractor has been advised of the possibility of such damages, resulting from:
(a) the use or the inability to use the generator system;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the generator system;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the generator system;
(e) any other matter relating to the generator system.
Limitation of Liability and Damages: The Contractor’s total liability for any and all claims, losses, or damages arising out of the performance or breach of the contract, whether based on contract, tort, or other legal theories, shall not exceed the total amount of the contract. This limitation applies regardless of the cause or form of action.
Governing Law: The contract, and any disputes arising out of or in connection with the contract, shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws principles.
By entering into a contract with the Contractor, you acknowledge that you have read, understood, and agreed to these terms and conditions. You also acknowledge that these terms and conditions form an integral part of the contract. This Rider may be updated from time to time. The current version of the Rider will be posted on the Contractor’s website at https://onpointgen.com/terms/ or provided to you directly. Your continued engagement with the Contractor after any such updates constitutes your acceptance of the updated Rider. These terms and conditions are not exhaustive and do not limit any other rights or remedies that may be available to the Contractor under the contract or at law. If you have any questions about these terms and conditions, please contact the Contractor directly.
