TERMS AND CONDITIONS OF SALE
BANTAM CLEAN POWER
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by R H Barden Inc., dba BANTAM CLEAN POWER and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. R H Barden Inc. dba BANTAM CLEAN POWER’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Upon written approval by Seller, the Buyer may return compliant Product to Seller provided all transportation, duties, insurance and tax are paid by Buyer, and Buyer is subject to a restocking charge determined by Seller prior to the return of the Product. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as non-cancelable, non-returnable and the sale of such Products shall be subject to the special terms and conditions contained in Seller’s Customer Acknowledgement, which shall prevail and supercede any inconsistent terms and conditions contained herein or elsewhere.
2. Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
3. Returns: This return policy only applies to products purchased directly from Bantam Clean Power or through www.bantamcleanpower.com. Products sold to you by distributors or other outlets (Amazon, Menard’s, Digi-Key, Grainger, etc.) have their own return policies.
All Bantam Clean Power products are 100% tested for functionality before being packaged at the factory. The filtering and surge performance of our products is well-documented and based on sound physics that have easily measurable electrical properties. In other words, Bantam products do what is printed on their respective spec sheets by design and therefore the effects are also known. If there is noise or surge to filter, it will be filtered; if there is no voltage or current noise to filter, nothing will happen
Bantam Clean Power products are not intended to accommodate or correct an already poorly wired or misconfigured electrical infrastructure or a faulty/failing appliance. Damage to a Bantam product will occur in this case. Such damage is immediately detectable by us if a product is returned to us for this reason. Also, if you bought a Bantam Clean Power product because you thought, for example, it might fix a humming noise coming from a clothes dryer, or somehow make your tanning bed run cooler, and nothing changes after you place a Bantam Clean Power product in service, that is not an indication that there is a fault with the Bantam product.
We have a 14-day return policy, which means you have 14 days after receiving your item to request a return.
To be eligible for a return, your item must be received by us in new, resellable condition, and in its original packaging. You’ll also need the receipt or order number from www.bantamcleanpower.com.
Therefore, as long as you do not damage the Bantam Clean Power product you returned to us and we determine that it can be resold after testing, we will process either a full or partial refund based on our evaluation of the return. You will be advised by us of the evaluation results via phone or email. If there are no issues, we will immediately process a full refund, shipping charges excluded. If a partial refund is determined, we will contact you and give you three business days to accept the partial refund or have the product returned to you at your cost. Our refund determination is final.
To start a return,
1.You can contact us at [email protected] for return authorization. Items sent back to us without first requesting a return will not be accepted.
2. Please note that returns will need to be sent to the following address:
Bantam Clean Power
4769 E. Wesley Drive
Anaheim, CA 92807
3. You will need to arrange for and pay for shipping to the address listed above. Please note that if your country of residence is not United States, shipping your goods may take longer than expected.
You can always contact us for any return questions at [email protected]
Damages and Issues
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and make it right.
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item. We do not have the ability to apply credit from a previous returned purchase to a new purchase.
We will notify you once we’ve received and inspected your return to let you know if a full or partial refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 5 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
If more than 10 business days have passed since we’ve approved your return, please contact us at [email protected]
4. Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value-added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election); (1) refund of Buyer’s purchase price for such Production (without interest), (2) Seller repair of such Products, or (3) replacement of such Products; provided that such Products are returned to Seller, along with acceptable evidence of purchase. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered. SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
5. Limitation of Liabilities: BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSI- NESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.
6. Export Control : Buyer certifies that it will be the recipient of the Products to be delivered by Seller. Buyer acknowledges that the Products are subject to the export/import control laws and regulations of various countries, includ- ing the Export Administration Laws of the United States. Products sold by Seller cannot be transferred, sold or re-exported to any part on the Entity List or Restricted Person List of the U. S. Department of Commerce Bureau of Industry and Security, any party designated by the U.S. Treasury Department’s Office of Foreign Assets Control, (ITARS) and any party debarred or sanctioned for proliferation or terrorism reasons by the U.S. State Department.
7. Use of Products: Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, transportation, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
8. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strikes, delay by carrier, shortage of raw material, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer in writing.
9. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such as- sistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representa- tives in connection with the Products or Services constitute a representation or warranty, express or implied.
10. Intellectual Property: The Product, unique part numbers, descriptions, likeness, and technical information listed in the Seller’s catalogs are the exclusive property of the Seller and may not be promoted, copied, wholesaled, or retailed by Buyer or their affiliates without the expressed written approval of the Seller.
11. General: (a) The laws of the State of California will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.