Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright & Trademarks

The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of ACE POWER USA. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the ACE POWER USA.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ACE POWER USA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ACE POWER USA does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ACE POWER USA does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Delivery & Delivery Times

Delivery dates designated by ACE POWER USA are estimated dates only, and are based on the working circumstances prevailing at the time the order is approved by ACE POWER USA. ACE POWER USA assumes no liability for late delivery, whatsoever caused. ACE POWER USA reserves the right to extend the delivery date due to changes in work circumstances, or if buyer fails to perform any act that it has undertaken to perform or omits to perform any such act, in which case ACE POWER USA will advise buyer accordingly.

Shipping Method

• FedEx 3Day Express Saver – 3 to 4 business days + 24-48 hours to process the order.
• FedEx 2Day – Delivery within 2 business days + 24-48 hours to process the order.
• FedEx Standard Overnight – Delivery within 1 business day + 24-48 hours to process the order
• UPS Ground – 5 to 7 business days + 24-48 hours to process the order.
• UPS 3Day – 3 business days + 24-48 hours to process the order.
• UPS 2Day – 2 business days + 24-48 hours to process the order.
• UPS Red Next Day Residential – Delivery within 1 business day + 24-48 hours to process the order.
• For Hawaii and Alaska customers, FedEx can only ship via 2Day Air and the shipping time will not be guaranteed. Therefore, ACE POWER USA will default to and charge for 2Day Air.
• FedEx only offers 2Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.
• All orders require 24-48 hours processing time before shipping.
• ACE POWER USA does not process orders during weekends.
• No deliveries will be made on Saturday or Sunday.
• ACE POWER USA does not offer same day shipping at this time.
• All orders shipped within California, New Jersey and Tennessee will be charged state sales tax. Please note that the sales tax for New Jersey and Tennessee orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.
• Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.

Limitation of Liability

ACE POWER USA shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system, even if ACE POWER USA has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

Price, specifications and terms of offers are subject to change without notice. In the event that ACE POWER USA product is mistakenly listed at an incorrect price, ACE POWER USA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ACE POWER USA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ACE POWER USA shall issue a credit to your credit card account in the amount of the incorrect price.

Terms & Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ACE POWER USA without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

ACE POWER USA may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ACE POWER USA.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ACE POWER USA products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ACE POWER USA products) must be commenced within one (1) year after the claim or cause of action arises. ACE POWER USA’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ACE POWER USA may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including ACE POWER USA or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

ACE POWER USA does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ACE POWER USA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ACE POWER USA reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ACE POWER USA in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless ACE POWER USA, its officers, directors, employees, agents, licensees and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, ACE POWER USA may link to sites operated by third parties. However, even if the third party is affiliated with the company, ACE POWER USA has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ACE POWER USA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ACE POWER USA seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).