Page last updated Sep 6, 2019 @ 09:29pm
Terms & Conditions
Text last updated 08/01/2019
It is our goal at NoOutage.com LLC to provide you the information and equipment that you need in a timely fashion. We want you to be completely satisfied with our performance. If we lived in a perfect world, most of the following terms and conditions would not need to be stated. However, since we do not, here they are. By using this web site you agree to be bound by all terms and conditions of this agreement.
Information on this Web Site
All information presented on this web site is believed to be correct at the time of publication and posting. Diligent efforts have been made to verify accuracy. However, due to various reasons and actions beyond our control such as changes made by our suppliers, product listings, specifications, availability and pricing are subject to change without notice. If we become aware of a change affecting an item on an open order, we will attempt to notify you of the change, but cannot guarantee that in every case this will occur. All product dimensions and weights are for conceptual purposes only and should not be used for construction. If exact dimensional or weight information is required for design or construction in advance of product delivery request certified data.
To offer the best prices many of our products drop-ship direct from manufacturers. Since we do not inventory these items we may not always have advance notice of price changes. Therefore, prices and shipping & handling rates are subject to change without notice. When we process an order if we find that the cost will be different than advertised we will contact the customer with the option of paying the new price, canceling at no charge, or changing the order to a different item.
Destinations Outside Continental US
We can ship to APO and FPO destinations outside the US if the weight of the item is less than the US Postal Service limit for that address (usually 70 pounds). Therefore, we are unable to ship generators to APO and FPO addresses. If you are paying by credit card, your APO or FPO address must be on file with your credit card processor. The shipping and handling rates shown by our shopping cart system are accurate for APO and FPO addresses.
We can also ship to Alaska, Hawaii, US territories, Canada, Mexico, the Caribbean and some other countries but shipping rates will be higher than those shown by our shopping cart system. You may email us for a quote before ordering or you may go ahead and place the order and state a dollar limit in the comments section at the bottom of the checkout screen that you pre-approve for shipping and handling.
Note that due to federal regulations concerning air shipment of dangerous goods, we do not ship generators by air. Generators are run for testing purposes at the factory. Even though the manufacturer attempts to remove all the unused gasoline and oil from the unit, remnants remain that are considered dangerous under the regulations for air shipments. Therefore, shipments of generators outside the continental US usually go by surface, which results in a longer transit time. Request a quote before ordering if you fall into this category.
For shipments to destinations outside the USA customer is responsible for any duties, tariffs, taxes and broker fees usually due at time of delivery.
For our USA customers we will take your order based on payment by personal check, money order, certified check, COMDATA® Comchek®, credit card or wire transfer of funds into our account. We are also now accepting PayPal for US orders up to the limit specified in our shopping card screen. Checks received with orders will be deposited upon receipt. To ensure funds are available, shipment will be held 5 business days or until checks drawn on a US bank clear our account. If you prefer a wire transfer, send us an email requesting the necessary information for the transfer.
Please do not pay with a debit card. Banks will usually take the money out of your account immediately when order is placed even though we normally do not request payment till product ships. Debit cards are troublesome if order changes are made. Debit cards also can result in bank fees that cannot happen with credit cards. For details read "Avoid These Debit Card Traps" from Reader's Digest 2008. Also read "10 Places NOT to Use Your Debit Card".
For our foreign customers we are unable to accept payment by check. This is because delays and bank fees for processing foreign checks are prohibitive. Please pay by bank wire transfer. All payments must be made in US dollars.
You may use our on-line catalog and secure electronic shopping cart system to place your order when paying by credit card. You can also use the same system with other forms of payment. Just select the items to be ordered and add them to your shopping cart. When you are ready to checkout, make a note of your order total price. Then enter all the requested personal data. Near the bottom of the checkout screen in the Payment Type block there is a dropdown menu. Instead of selecting a credit card, select one of the other alternatives. Press the submit order button. Print a copy of the screen showing your order details and send it with your payment to us.
For large orders totaling over $5,000 our credit card processing merchant bank may ask us to request a payment method other than by credit card.
In those cases where a customer is billed after shipment, no follow-up statements will be sent. Customer should pay off invoice. A finance charge of 1.5% per month will begin to accrue on the first day that account is past due. Minimum finance charge will be $5.00.
In cases of non-payment, past-due accounts or fraud the customer will be liable for all collection costs including but not limited to attorney, court and collection fees. Disputing a valid credit card charge can also result in collection costs that will be billed to customer.
We reserve the right to decline any sale that fails our security screening.
Sales Tax (in USA)
Virginia state law requires us to charge and collect sales tax for Virginia customers. The only exception is when we have a state sales tax exemption certificate on file at NoOutage.com LLC. Sales tax will always be charged for Virginia customers unless you clearly indicate that the order is tax exempt.
On June 21, 2018 the U.S. Supreme Court issued a decision in the South Dakota v. Wayfair case which allows states to require online retailers to collect sales tax for shipments to states in which they have no physical presence. We may soon begin collecting sales tax for orders shipped to other states in addition to Virginia. Your online order receipt will show the estimated sales tax if this is the case.
Some other states also require our suppliers to remit sales tax if items are drop shipped directly to a customer located in a state in which the supplier has a presence. Thus, some of our products that are drop shipped to certain other states may have sales tax added to the order by our online shopping cart. In rare cases where this this is not displayed by our online shopping cart system, we will show it in the order acknowledgment sent by email. And we will request approval this additional charge in the email message before proceeding with the order. This is one of the unfortunate consequences of the patchwork of state sales tax laws across the US.
NOTICE FOR US CUSTOMERS:
If no sales tax appears on the invoice then the retailer is not required to and does not collect sales and use tax in the destination state. The purchase is subject to state use tax unless specifically exempt. The purchase is not exempt because it’s purchased on the internet, by catalog or by other remote means. The destination state requires the purchaser to report any non-taxed purchase and to pay use tax on the purchase, and the tax may be reported and paid on the use tax form, which is available on the state department of revenue and taxation website. This notice is required by various state laws. (This notice is not applicable to New Hampshire, Oregon, Montana, Alaska and Delaware as they do not have sales taxes.)
Any order that is canceled may be subject to freight, restocking and other charges, depending on the reason, the type of items and the status of the items ordered. Cancellations and changes to orders must be confirmed in writing by email, fax or mail.
We try to meet the normal shipping lead times stated in our on-line catalog. If we determine that a shipping lead time will be significantly longer than stated, we will give you the opportunity to cancel your order and to receive a full refund. However, the cancellation must be performed before production begins to avoid cancellation charges. So that you may monitor the transit of your shipment, we will attempt to provide you with the shipper's tracking number.
Items weighing less than 100-150 pounds are normally shipped prepaid by UPS or FedEx Ground Service. This reaches most addresses in the continental US in 1 to 5 business days.
Items heavier than this limit are shipped by common carrier freight, prepaid and FOB Origin. Soon after shipment we will send you complete information so that you may track transit and delivery schedule. Delivery using small trucks with lift gates is available in many areas at an extra charge. If you do not have a loading dock or unloading equipment and require lift gate delivery specify this in comments at the bottom of the checkout screen and we will add this charge to your order. Or if your delivery address cannot accommodate large tractor trailers be sure to note that in your order. Note however that items longer than 60" or 5' are too large to safely be unloaded using a lift gate. These can ONLY be delivered to addresses that have a loading dock or forklift.
Any unanticipated extra charges incurred at the time of delivery are borne by customer. These would include charges resulting from failed delivery attempts such as redelivery, temporary storage or pickup at terminal, requests to deliver beyond the front door (inside delivery), lift gate service if not requested at time of ordering, limited access fees for some gated communities and military bases, and remote delivery charges to some distant regions and islands. Also, if the freight ends up being stored at the terminal for more than 3 days there will be storage fees which will be billed to the customer. Items advertised as "free freight" mean we cover basic ground freight costs to the continental USA 48 states. Request a freight quote for areas outside the USA 48 states.
Inspect shipments as soon as possible after receipt. If packaging shows evidence of possible damage and the delivering driver is present, ask for permission to open carton. If the driver cannot grant permission to open shipment, then be sure to note the damage on the delivery receipt before signing it. If damage is severe, refuse the delivery and it will be returned to the supplier. If damage is appears slight or is found after the driver has left, contact NoOutage for further instructions. If there is no evidence of damage on the outside of the packaging but concealed damage is later found, contact NoOutage for instructions. Carriers may limit claims for concealed damage. So it is extremely important that any damage, even slight, is noted on the delivery receipt. Be sure to inspect all shipments within three weeks of receipt. Carriers will not honor damage claims beyond 30 days after shipment.
Any returns must be made within 30 days of shipment and must include our Return Authorization Number. This number along with the proper return address may be obtained by contacting us with the nature of the problem and identification number of the order. Returns without this authorization may not be accepted. Depending on reason and type of items, returns may be subject to a restocking charge. Be sure to keep original packaging in good condition so it can be used for any returns. If we have to purchase replacement packaging to resell a returned item your refund may be reduced. Note that due to Federal regulations engines cannot be shipped back to us if they are gassed or oiled. Engine warranties do not cover cylinders with bent shafts. Some items such as special order or custom products cannot be returned for refund. Unless the return is due to our error, round trip freight costs are borne by customer.
Warranty and Disclaimer
Products sold by NoOutage.com LLC are covered by manufacturers warranties. In the event you receive an item that is defective, contact us for instructions. In some cases we will issue you a return authorization and we will have the item repaired or replaced by our supplier or manufacturer. For repairs within the warranty period, please contact the manufacturer's authorized service center nearest you or follow the guidance contained in the warranty paperwork received with the product. If you need assistance in reaching the manufacturer, contact us. We will make a good faith effort to help resolve the problem, where possible. Manufacturer warranties are void if product has been misused, improperly installed, abused, altered, modified, or repaired without written authorization by manufacturer.
States and localities have many different codes and interpretations governing construction, installation, and/or use of electrical products. Before purchasing a product or applying information from this web site, the user should review national and local codes and regulations to ensure these are complied with. Since NoOutage.com LLC does not know or control the end use of its products or how the information described on this web site is used, there are no express warranties that extend beyond the description contained herein. NoOutage.com LLC disclaims any implied warranties of merchantability or of fitness for any particular purpose. NoOutage.com LLC also will not be responsible for any consequential or indirect damages. Our liability shall not exceed the purchase price paid.
NoOutage.com LLC products and information contained on this web site are not recommended or authorized for life support applications. The buyer and user assume all risk and liability when used for such applications. Engine driven generators sold by NoOutage.com LLC are not intended for indoor operation at residential or small commercial and industrial sites because of safety risks. Click here for more about locating engine driven generators. The buyer and user assume all risk and liability when located and operated in such conditions.
Brand names and companies referred to on this web site are trademarks or registered trademarks of their respective companies, mark holders or owners. They are not owned by NoOutage.com LLC.
Advertising contained on the NoOutage.com LLC web site is provided as an additional service to give our visitors a larger range of choices and prices in meeting their power needs. Unless clearly indicated otherwise in a particular advertisement, NoOutage.com LLC is NOT the seller or advertiser. Therefore, we have no control over the truth or accuracy of the ad, the ability of the seller or advertiser to sell the items or the buyer to buy the items. Furthermore, we have not inspected the items advertised and we are not involved in the actual transaction between the buyer and seller. A buyer who is interested in an item described in an advertisement should follow the instructions therein and contact the seller or advertiser directly to consummate the transaction.
It is difficult to verify the identity of a user on the Internet. NoOutage.com LLC has the ability to verify that a name and address match a credit card number when that form of payment is used to make a purchase or place an ad. We also maintain a list of customers who have previously made purchases from us. We may indicate that an advertiser or seller fits these categories and while this might help verify the identity of the advertiser it is not a guarantee. If the buyer and seller are not geographically close enough to arrange a face-to-face transaction and inspection of the item, you may wish to use a third party escrow service that provides additional user verification.
The seller and advertiser assume all liability for the accuracy of the text and images contained in advertisements. However, NoOutage.com LLC will make a good-faith effort to make any corrections that are brought to its attention in a timely manner.
NoOutage.com LLC reserves the right to edit, reject or terminate any advertising that: (a) is false, inaccurate or misleading, (b) might be illegal or involve fraud, stolen or recalled items, (c) is defamatory, libelous or threatening, (d) is not consistent with our mission statement, (e) is placed by a seller or advertiser about which we have received complaints, (f) promotes the sale of new equipment that directly competes with our product offering, or (g) appears to be intended to advertise other competing commercial businesses. NoOutage.com LLC shall be under no liability by reason of error in any advertisement beyond the liability to correct the ad or refund the advertising fee.
Prospective buyers may browse and view all our advertising and contact our advertisers at no charge. There are nominal fees for sellers and advertisers to place an ad on our site. The fees are described on the sellers page and are listed when an "Add to Shopping Cart" button is pressed to purchase an ad. We may from time to time change or reduce our advertising fees for promotional events and offer discounts (such as when the ad images do not have to be stored on our server).
Normally there are taxes on anything you sell. As a seller you need to be concerned about both income taxes and sales taxes. Since laws vary from state to state you should contact a local tax consultant to determine your total tax resulting from any proposed transaction. As a seller or buyer you agree that NoOutage.com LLC is not responsible to collect, remit or report any sales or use taxes arising from transactions in which we are not the buyer or seller.
Sellers must provide a full refund directly to a buyer who has paid for an item that cannot be shipped at the close of the sale. Shipment or refund should occur promptly and in no case be delayed longer than 30 days following the sale. (Exceeding 30 days may violate federal law.) Because we are not involved in the actual transaction between buyers and sellers of the equipment listed in our advertising (including the Used Equipment page), in the unlikely event that you have a dispute with a buyer or seller, you release NoOutage.com LLC and its officers and employees from all claims and damages related to such disputes. You agree to indemnify and hold us and our officers and employees harmless from all claims and damages, including attorneys' fees.
NoOutage.com LLC provides advertising "as is" without any warranty, express or implied. States and localities have many different codes and interpretations governing construction, installation, and/or use of electrical products. Before purchasing a product or applying information from this web site, the user should review national and local codes and regulations to ensure these are complied with. Since NoOutage.com LLC does not know or control the end use of its products or how the information described on this web site is used, NoOutage.com LLC disclaims any express or implied warranties of merchantability or of fitness for any particular purpose. NoOutage.com LLC also will not be responsible for any consequential, incidental, punitive, direct or indirect damages.
Jurisdiction and Updates
NoOutage.com LLC is located in the state of Virginia. The laws of the state of Virginia govern these terms and conditions. Therefore, any action at law arising out of these terms and conditions shall be filed only in the courts having jurisdiction over Hanover County, Virginia.
All updates to Terms and Conditions are effective as of the date posted to our web site which is displayed in the upper right portion of this web page.
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