Distributor Terms & Conditions

General

All orders are subject to these Terms and Conditions and acceptance by PowerMax Converters (“PowerMax”).

Pricing

Pricing is subject to change with thirty (30) days’ notice.

Minimum Order

There is no minimum order requirement.

Custom Product

Orders for modifications to standard products are subject to minimum quantities and may require extended lead times.

Hold for Release Orders

  • Hold for Release (HFR) orders will be held for 120 days. After 120 days, HFR orders are subject to re-negotiation unless otherwise agreed to in writing.
  • HFR orders will not go into production until a formal written release is received.
  • Minimum HFR order is $1,500.00.

Ship Dates

PowerMax will work to meet target ship dates; however, we will not be held responsible for delays beyond our control.

  • If a specific ship date is required, it must be agreed to in writing prior to order placement, and the required date must appear on the written purchase order.
  • PowerMax will not accept back charges or penalties (including expedited freight) related to ship dates without prior written approval.

Freight

  • All shipments are F.O.B. Bradenton, FL. PowerMax’s responsibility ceases upon delivery to the carrier.
  • All freight claims must be made directly with the carrier.
  • PowerMax reserves the right to change specified routings. Expedited freight will be at the customer’s expense unless otherwise authorized in writing by PowerMax.

Freight Allowed Policy

  • Orders of $3,000 or more for a single shipment within the Continental United States will qualify for freight allowed.
  • Exception: Freight allowed does not apply to Generators. All Generator shipments will always be shipped F.O.B. Bradenton, FL on a prepay and add freight basis, regardless of order value.
  • Orders not meeting freight allowance will also ship prepay and add.

Claims & Damages

All shipments must be inspected upon receipt. Claims for shortages, errors, or visible damages must be reported to PowerMax within ten (10) business days of delivery. Concealed damage claims must be filed directly with the carrier. Failure to notify PowerMax within this period shall constitute acceptance of the goods as received.

Payment

All invoices are payable Net 30 days from the date of invoice. Credit Card and ACH payments are accepted.

Credit & Past Due Accounts

Accounts not paid within terms are subject to a late payment charge of 1.5% per month (18% annually) or the maximum amount permitted by law, whichever is less. PowerMax reserves the right to withhold shipments on any past due accounts until satisfactory payment arrangements have been made.

Returns and Cancellations

  • Non-moving stocked items may be returned bi-annually with a factory-authorized RMA and must be accompanied by an equal or larger replacement order for saleable units.
  • A 50% re-stocking charge will be assessed if not accompanied by a replacement order.
  • Except for defective items, returned products must be in the original sealed packaging to receive credit.
  • PowerMax reserves the right to hold or cancel any order pending satisfactory resolution of outstanding credit issues. Orders cancelled under these conditions are subject to cancellation charges up to, and including, the full value of the cancelled order.

Warranty

  • All PowerMax Converters, PowerCenters, Inverters, and Transfer Switches are warranted to be free from defects in workmanship and material for two (2) years from the date of invoice.
  • Generators are warranted for one (1) year.
  • PowerMax will replace any known or assumed defective unit with one simple phone call. Once advised of an issue, PowerMax will ship a replacement unit (typically within 24 hours) with a return label for the defective unit.
  • PowerMax assumes no liability for labor or freight charges incurred in connection with installation, removal, or replacement of defective products, nor for any consequential or incidental damages.
  • PowerMax’s total liability is limited to the replacement price of the product.

Order Acceptance & Modification

All orders are subject to acceptance by PowerMax. PowerMax reserves the right to reject any order, in whole or in part, or to make reasonable modifications due to product availability, discontinuation, or clerical errors.

Intellectual Property & Branding

Distributors may not alter, reproduce, or misuse PowerMax trademarks, logos, product names, or marketing materials without prior written approval. Any unauthorized use is strictly prohibited and may result in legal action.

Confidentiality

All pricing, programs, and terms provided by PowerMax are confidential and intended solely for use by the distributor. Such information may not be disclosed to third parties without prior written consent.

Limitation of Liability

In no event shall PowerMax be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, business interruption, or loss of use, even if advised of the possibility of such damages. The total liability of PowerMax shall not exceed the purchase price of the product giving rise to the claim.

Force Majeure

PowerMax shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, acts of government, supply chain disruptions, or transportation delays. In such events, delivery dates shall be extended for a period equal to the delay.

Governing Law / Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Manatee County, Florida.