Last Updated 5/13/2025
This General Terms and Conditions Rider (“Rider”) applies to all contracts between PowerGen, 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. If a sale is cancelled, Client shall pay for any and all expenses incurred or committed to by Contractor prior to cancellation, including time, materials, and third party expenses at then current rates.
Scope Modifications and Unforeseen Conditions: Quoted scope and pricing assume typical site conditions and standard equipment. If unforeseen issues arise—such as atypical configurations, code violations, or inaccessible systems—Contractor may (1) adjust procedures, materials, or labor; (2) bill additional time and materials at current rates; and (3) pause or proceed as needed for safety, compliance, or feasibility. Contractor will make reasonable efforts to inform Client of changes and estimated costs, but formal approval is not required for payment where modifications are reasonably necessary to complete the work.
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: A 3.2% processing fee applies to all credit card payments. Balances unpaid more than 30 days past due may incur late fees and interest at the maximum rate allowed by law. Contractor may recover reasonable collection and attorney’s fees if enforcement is required. Additional administrative costs related to Client-required invoicing, reporting, insurance, or payment systems may be billed to Client. Any third-party expenses arising from Client’s site or equipment, but related to Contractor’s scope, are the Client’s responsibility and may be billed at cost.
Disclaimer of Warranties: Contractor disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Contractor is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages—including loss of profits, goodwill, data, or use—even if advised of the possibility. This includes, without limitation, damages arising from: (a) use or inability to use the generator system; (b) costs of substitute goods or services; (c) unauthorized access to or alteration of data; (d) third-party conduct; or (e) any other issue related 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 Contractor, you acknowledge and agree to these terms and conditions, which form an integral part of the contract. This Rider may be updated periodically, with the current version posted on the Contractor’s website under “Terms and Conditions” or provided directly. Continued engagement after updates constitutes acceptance of the revised terms. These terms do not limit any other rights or remedies available to Contractor under the contract or applicable law. Direct any questions to Contractor.
