GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Payment Terms Orders: An order is not binding upon KiloVault until it is accepted; KiloVault must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the KiloVault invoice.
KiloVault Purchase Agreement
By accepting delivery of any product delivered from the KiloVault ("KILOVAULT LLC"), you ("Customer") agree to be bound by the terms and conditions listed below. You and KiloVault agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and KiloVault. Any attempt to KiloVault, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from KiloVault.
You can expect your order to be processed within approximately two business days. Expected ship times vary depending on stock availability. If you need an item by a certain date please ask. In most cases expected ship dates for all items will be emailed to you within 48 hours of the time that your order is processed. Tracking information will also be emailed to you once your items ship.
We do not accept International Orders
Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped at our discretion. Please check our website for the back ordered item's estimated time of arrival. Please note that these dates are "estimates' ' and not guaranteed to arrive on that date.
KiloVault will do everything possible to keep you informed of your order via email. Your tracking number will be emailed to you once the item is shipped. You may also check the online status page for live updates.
To cancel your order for standard in stock items, please contact KiloVault. If your order has already been processed and your card was charged, there is a 5% cancellation fee deducted from your refund. If any portion of your order has shipped, a 15% restocking fee will be deducted from your refund. The refund will occur within 48 hours of the receipt of the cancellation or the return of all products that have shipped.
KiloVault product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research or that of a professional installer or licensed electrician.
KiloVault strives to be as accurate as possible in our product descriptions, compatibility references, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, current, or that we are responsible for these errors. In the event that a product is listed at an incorrect price due to typographical, informational, technical or any other error, KiloVault at its sole discretion shall have the right to refuse or cancel any order for that product and immediately amend, correct or remove the inaccurate information. Moreover, all links on KiloVault's website are intended only to provide visitors with assistance finding additional information and professional opinion; however, due to the fast pace of the industry, complex nature and personal subjective experiences, reviews can become outdated or less accurate over time or even at inception and should therefore never be the sole determinate in a purchasing decision, or, most importantly, a substitute for doing ones own product research. Please remember to consider, you, our valued patron, are ultimately responsible for any purchase decision.
KiloVault is not a forum for product reviews. KiloVault is a private site that conducts the business of selling renewable energy related products and as such, any specifications and information posted by KiloVault regarding products for sale must be factual. However, customer comments in regards to their experience with said products are the opinions of the user. The customer opinion reviews are used at the discretion of KiloVault as a marketing device for positive and constructive ways to share the benefit of the product. It is not used as a source for negative commentary as we cannot endorse the validity of any negative comment. Therefore, the KiloVault site is moderated to remove any unproven biased negative comments. It is not the intention of KiloVault to mislead any customer and therefore all purchase decisions should not be solely based on the product review.
Return Policy: Due to the nature of the product, returns are not accepted.
Prices quoted for merchandise may not include any applicable state or local taxes. KiloVault ships to a variety of locations throughout the US. Sales tax may be charged in accordance with local laws and regulations.
Please review the KiloVault Warranty details prior to purchase.
LIMITATION OF LIABILITY IN ALL CIRCUMSTANCES KILOVAULT LLC’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. KILOVAULT LLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. KILOVAULT SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT KILOVAULT IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Title & Risk of Loss: KiloVault will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. KiloVault reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow KiloVault to sign appropriate documents on Customer's behalf to permit KiloVault to protect its purchase money security interest. KiloVault will advise Customer of estimated shipping dates, but KiloVault will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between KiloVault and Customer shall be governed by the laws of the State of Massachusetts, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. KiloVault and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Massachusetts, Worcester County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against KiloVault that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Massachusetts law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
DMCA - Notification of Possible Copyright Infringement: KiloVault Store will respond expeditiously to any and all notices of copyright infringement that comply with applicable law. If you have a copyright that you believe has been infringed on by any materials accessible on or from the KiloVault website, you may request removal of those materials. Please submit written notification to our Copyright Agent whose information is available below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests.
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
- your address, telephone number, and email address.
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent to receive DMCA Notices is:
Info AT KiloVault DOT com or mail to:
Attn: Legal Department
330 Codman Hill Road
Boxborough, MA 01719
Please note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.Additionally, be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Entire Agreement: These terms and conditions, together with KiloVault's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between KiloVault and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between KiloVault and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.