Colorado Standby, LLC
Standard Terms and Conditions
or “Buyer”) agree that these Standard Terms and Conditions apply
to all requests for products or services, quotations, estimates, consultations,
orders, service authorizations, invoices, written instructions, completed
forms, and other agreements with Colorado Standby, LLC (“Seller”) (such
documents, together with these Standard Terms and Conditions, the “Agreement”). If these Standard Terms and Conditions are
modified in a writing prepared and agreed by Seller, or by the information
included at Seller’s then-current website found at www.coloradostandby.com (the “Website”), such modified terms and conditions shall govern,
and the remaining terms and conditions herein that are not modified shall
apply. To the extent that these terms
and conditions conflict with any writing or form prepared by Buyer, these terms
and conditions shall control, and such Buyer terms shall be of no force or
1. Sale of Equipment and Services
an authorized distributor and seller of generators and other power generation
equipment, products, accessories, and materials required for installation and
operation thereof (collectively “Equipment”).
Not all Equipment sales include installation or other service in the
purchase price. Seller is also a provider of services to install, maintain,
repair, provide warranty services, ship, deliver and store Equipment it sells
as well as for equipment sold by third parties (collectively the
“Services”). A listing of the Equipment
and Services currently offered by Seller is on the Website. Seller will provide
Equipment and Services to Buyer in accordance with the Agreement and the terms
included on the Website. If Seller agrees to customize or design Equipment or
accessories for Buyer, such custom Services may be provided by a third party
engineering firm and will not be separately warranted by Seller.
2. Quotes; Orders; Pricing; Returns/Cancellation
2.01. Quotes. Upon your request, Seller will
provide a quote or estimate for the Equipment and Services requested by you
(“Quote(s)”). Quotes will include any
deposit that must be paid upon placing an Order (“Deposit(s)”), the Price of
the Equipment, estimates for shipping, freight, insurance, and storage, as
applicable, and any specific requirements related to the Equipment or Services. Quotes for Services may provide Prices that
are be fixed fees, hourly rates, or estimates to complete the Services
requested and Deposit requirements. Installation Service estimates will include
responsibilities that must be performed by Buyer (or the owner of the property
where the Equipment will be installed) and other specific requirements. Buyer agrees to sign the applicable estimate and a Service
Authorization if it elects to purchase Services. Services Quotes may reference
other documents, the Website, or site preparation requirements, or include
information about Equipment warranties, instruction regarding freight
receiving, drop off and pick-up of Equipment to be serviced, and other
requirements of the sale which are binding on the parties.
2.02. Orders. Orders for the purchase of Equipment
and Services (“Order(s)”)
may be submitted to Seller by signing the Quote and returning it to Seller, using
the Website shopping functionality, sending an Order by email or mail, or making
an Order in person to an authorized representative of Seller. Orders that are not signed Quotes shall
specify (i) the Equipment or Service being ordered, (ii) the shipping or
address where the Services will be performed, (iii) a requested delivery date
or performance date; and (iv) the Price.
Deposits must be paid in full
when submitting the Order. When buying Services, Buyer agrees to sign the
applicable estimate and Service Authorization.
Pricing for Equipment and Services will be in U.S. dollars at the prices listed
on the Website when Buyer makes the Order (the “Price(s)”) unless a different Price has
been agreed by the Parties and reflected in the Quote. Seller may, in its
discretion, adjust Prices although Seller will not adjust Prices for Orders
that have already been accepted by Seller.
Prices do not include, and Seller shall not be responsible for, federal,
state or local sales or other taxes, or other fees payable by Buyer.
of Orders by Seller. Orders are subject to
acceptance by Seller. Seller must receive a valid payment method prior to
acceptance. If Seller cannot meet a
requested delivery date or Service date it will provide Buyer with an
alternative date. If Buyer cannot accept the alternative date, it must inform
Seller in writing with enough time to agree to a date acceptable to both
parties. Notwithstanding the foregoing, Seller
reserves the right to refuse, cancel or delay any Order placed by Buyer and
accepted by Seller when Buyer is delinquent in any payments or when Buyer has
failed to perform any of its material obligations under the Agreement.
by Buyer. Buyer may return purchased Equipment within thirty (30) calendar days,
subject to the Equipment being returned to Seller, at Buyer’s cost, in its
original packaging, in new, unused condition.
Seller will issue a refund of the Price, less a restocking fee of twenty
percent (20%), any shipping or other charges incurred by Seller and not already
paid by Buyer, and any damage to the Equipment.
For additional information on Seller’s Equipment return and cancellation
policy see the Website at www.coloradostandby.com/terms. If Services are cancelled
by Buyer, Buyer shall pay Seller for all Services performed prior to the date
of cancellation. If Buyer cancels the
Services after the schedule has been confirmed by Seller, but before any
Services are performed, Buyer will not receive any refund of the deposit paid
for the cancelled Services.
3. Invoices and Payment; Payment Card; Credit Terms
3.01. Invoices; Payment. Seller shall charge
the agreed payment method or invoice Buyer for the Equipment or Services in
accordance with the schedule provided on the Quote, any Credit Terms (defined
below) granted by Seller, or as otherwise agreed by the parties. If Orders are
made on the Website, Buyer shall pay the Prices and/or Deposits upon check out
or on the schedule specified on the Website.
Buyer shall timely pay one-hundred percent (100%) of all amounts due to Seller
without abatement, reduction, or setoff for any reason. If Buyer fails to make timely payment, Seller may,
at its option, cancel the Order, delay delivery or performance of Services, or charge
interest at the rate of 1.5% per month in addition to the Price. All payments due hereunder must be made by Payment
Card, ACH or wire transfer, or such other method as may be agreed by the
Cards. Unless otherwise agreed by Seller in writing, a valid payment method
must be received from Buyer when the Order is placed. If paying by payment card such as a credit or
debit card (“Payment Card(s)”) Buyer represents and warrants that (i) the Payment
Card information supplied is true, correct, and complete, (ii) the Buyer or the
representative providing the information is duly authorized to use such Payment
Card for the Order, (iii) charges, including recurring charges, incurred by Buyer
will be honored by the Payment Card company, and (iv) Buyer will pay all charges incurred under this Agreement,
including all applicable taxes, interest and late payment penalties. Buyer or Buyer’s representative agrees to
provide identification and complete any documentation required by Seller to
verify the authority to use the Payment Card and otherwise prevent fraud. If the Payment Card provided cannot be
processed, and Buyer does not provide alternative Payment Card information the
Order may be cancelled.
3.03. Credit Terms. Seller may, but shall not
be obligated to, grant credit terms or alternative payment terms (collectively
Terms”) to Buyer. If Seller does grant Buyer Credit Terms, Seller
reserves the right, in its sole discretion and without prior notice, to deny,
change or limit the amount or duration of the Credit Terms to be allowed Buyer,
either generally or with respect to a particular Order. Buyer agrees to provide
Seller with financial statements and other evidence of corporate and financial
standing, or with individual or corporate guarantees, or other security as Seller
may reasonably request from time to time to evaluate Buyer’s credit risk and/or
ensure Buyer’s payment and other performance.
4. Shipment; Pick-up; Risk of Loss
4.01. For Equipment purchased from Seller, Seller will not ship, or allow pick-up of, any Equipment that has
not been paid as required by the Agreement. If not picked up by Buyer from
Seller’s facility, Equipment will be delivered to Buyer in accordance with the
Order. Any expense for any special packaging or any special delivery requested
by Buyer shall be borne solely by Buyer. Buyer shall be responsible for any and
all freight, shipment, customs, duties and insurance charges associated with
shipment of the Equipment, even if the order is rejected by Buyer upon delivery.
Shipping rates quoted by Seller will be
for shipment to the continental US unless Buyer requests shipment to a location
outside that area in which case additional rates and charges, including charges
for customs and other fees (if applicable), will apply and be paid by
Buyer. See Website www.coloradostandby.com/terms
for additional shipping requirements. Risk of loss shall pass F.O.B. Buyer’s
location. Buyer shall immediately inspect and follow all freight receiving
instructions provided by Seller or Buyer will be barred from rejecting delivery
or claiming any damage to the Equipment.
If Buyer has agreed to pick up Equipment at Seller’s facility, but fails
to do so timely, Buyer may be charged storage fees. Title to the Equipment will pass to Buyer with
Buyer is in possession of the Equipment and has paid for it in full.
4.02. For Equipment sent to, or dropped off at, Buyer’s facility to receive Services from Seller, Buyer agrees to sign any drop-off or Service authorization documents required by Seller to provide Services and/or store the Equipment at Seller’s location. Buyer may be subject to additional storage, or other fees, if Buyer fails to timely pick-up the Equipment. While in Seller’s possession and control, Seller shall bear the risk of loss of Buyer owned Equipment if Buyer has complied with the Agreement and paid all storage fees. If Buyer Equipment is lost or damaged while at Seller’s facility due to Seller’s fault, Seller shall be responsible for such loss or damage up to the value of Buyer Equipment when it arrived at Seller’s facility (not replacement value). If Buyer believes the Equipment has been damaged while on Seller premises, Seller must file a written claim with Seller within fifteen (15) days of picking up the Equipment, specifying the nature of the damage. If Buyer fails to timely file a claim, Buyer waives any right to claim damage.
4.03 If Buyer fails to remove Equipment at Seller’s facility on the pick-up date agreed by the parties, or fails to timely pay storage charges or otherwise comply with Seller’s storage policies for Equipment stored at Seller’s facility, Seller may provide Buyer with thirty (30) days’ written notice to pay all amounts owed and remove the Equipment or Seller will, at its option and at Buyer’s expense (A) sell the Equipment at public or private sale at any time or place and on any terms that are commercially reasonable, including selling the Equipment for salvage value; or (B) if the Equipment is not operational, or has no commercial value in its stored condition, Seller may dispose of the Equipment. All costs incurred by Seller to sell or dispose of the Equipment, including without limitation, administrative costs, professional fees, and collection costs, must be reimbursed by Buyer. The proceeds of any sale of the Equipment will be applied first to all damages and amounts owed to Seller by Buyer under the Agreement before any proceeds are paid to Buyer. If the proceeds are not sufficient to pay all amounts due to Seller, Seller may exercise all rights it has at law, in equity, and under this Agreement to collect from Buyer.
5. Warranties; Remedies
5.01 Equipment Warranty. THE WARRANTY FOR NEW EQUIPMENT IS THE MANUFACTURER’S STANDARD WARRANTY FOR THE EQUIPMENT. SELLER DOES NOT PROVIDE A WARRANTY FOR EQUIPMENT BUT SELLER WILL ASSIST BUYER TO CONTACT THE MANUFACTURER TO MAKE WARRANTY CLAIMS AS APPROPRIATE UNDER THE MANUFACTURER’S WARRANTY. SELLER MAY PERFORM WARRANTY SERVICES AS INSTRUCTED BY THE MANUFACTURER AND IN ACCORDANCE WITH SECTION 5.02 BELOW. USED EQUIPMENT IS "AS IS" UNLESS SELLER SPECIFICALLY PROVIDES A WRITTEN WARRANTY FOR REFURBISHED OR USED EQUIPMENT. IF SELLER PROVIDES A LIMITED WARRANTY FOR USED EQUIPMENT, BUYER’S SOLE REMEDY, AT SELLER’S OPTION, IS REPAIR OF THE USED EQUIPMENT OR REFUND OF THE PURCHASE PRICE.
5.02 Warranty Services. If the Equipment is under manufacturer’s warranty and Seller is engaged to perform the warranty services (whether Seller originally sold the Equipment to Buyer or not), Seller will perform the warranty services in accordance with the manufacturer’s warranty. If Seller incurs expenses not covered by the manufacturer’s warranty, or if repairs not covered by the manufacturer’s warranty are required to correct damage, for safety reasons or to return the Equipment to working order, or if Buyer requests additional Services, Buyer agrees to pay any amount for such Services and expenses not paid by the manufacturer. Besides expenses not covered by the manufacturer’s warranty, additional costs could include, but are not limited to, hourly rates for travel time, mileage to the location of the Equipment, and parts and labor not covered by the manufacturer’s warranty. Upon request, Buyer will provide Payment Card information to with authorization to charge the Payment Card for payment of such additional costs.
5.03 Seller’s Service Warranty. Although Seller personnel may provide guidance
to Buyer about Equipment options based on the information provided by Buyer, it
is Buyer’s responsibility to validate with appropriate experts, such as an
electrical engineering firm, that the Equipment purchased by Buyer is suitable
for Buyer’s purposes. Seller cannot guarantee Equipment sent for Service can be repaired or
that the Equipment will achieve “like new” performance after Services are
performed. Seller is not responsible for Equipment damage or defects
resulting from the condition of the Equipment when Service is requested, or it
is dropped off for Service, or for any conditions or damages not caused by
for custom Services and Equipment selection guidance offered by Seller
personnel which are not warranted by Seller, Seller warrants that Services will
be performed by qualified personnel in a professional and workmanlike manner in
accordance with generally accepted industry standards and practices. Seller shall, as its sole obligation and Buyer’s
sole and exclusive remedy for any breach of the service warranty set forth in
this Section, re-perform the Services which gave rise to the breach or, at the Seller’s
option, refund the Price paid by Buyer for the Services which gave rise to the
breach if Buyer notifies the Seller in writing of the breach within forty-five (45)
days following completion of the defective Services, specifying the breach in
reasonable detail. If Buyer does not
timely notify Seller of defective Services, Buyer shall be deemed to have accepted
all Services and materials provided by Seller without condition.
5.04 Limitation. EXCEPT AS SPECIFIED IN SECTIONS 5.01, 5.02, AND 5.03 ABOVE, SELLER DOES NOT PROVIDE ANY WARRANTY FOR THE EQUIPMENT OR SERVICES, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OR THE IMPLIED WARRANTIES THAT THEY ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY SELLER OR ANY OF ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE, DURATION OR REMEDY OF ANY WARRANTY. NO WARRANTY APPLIES TO EQUIPMENT OR SERVICES NOT PROVIDED BY SELLER OR TO THE EXTENT BUYER, ANY BUYER AGENT OR REPRESENTATIVE, OR ANY THIRD PARTY MODIFIES OR ALTERS THE EQUIPMENT OR SERVICES WITHOUT SELLER’S ADVANCE WRITTEN APPROVAL AND CONSENT.
6. Limitation of Liability;
Actions. IN NO EVENT SHALL SELLER BE LIABLE UNDER THE AGREEMENT TO THE
BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,
STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS,
INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION,
OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH
OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
SELLER’S AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY DAMAGES SHALL NOT
EXCEED THE PRICE PAID BY THE BUYER TO THE SELLER UNDER THE AGREEMENT FOR THE
EQUIPMENT OR SERVICES WHICH GAVE RISE TO THE DAMAGES.
7. Buyer’s Representations and Warranties. Buyer represents and
warrants to the Seller that (i) its purchase of Equipment and Services and
performance under the Agreement does not violate any applicable laws, existing obligations,
or contracts of the Buyer; (ii) it has the full legal right, power, and
authority to enter into and perform the Agreement; and (iii) it will comply
with all requirements of the Agreement. Buyer further warrants that it will
give permission, or obtain permission from the owner of the property where
Equipment will be delivered or removed or Services performed, and assist Seller
personnel as necessary for them to access to the premises, remove or install
Equipment at the premises and otherwise perform Seller obligations under the
Agreement. Unless Buyer is Seller’s
business customer and Seller has specifically agreed in writing that Buyer can
resell products, Buyer represents and warrants that Buyer is buying Equipment
from Seller for its own business or residential use, and not for resale.
8. Buyer Indemnification. Buyer agrees to defend, indemnify and hold
harmless Seller, its affiliated entities, and all of their investors, members,
managers, officers, employees, agents, representatives, successors, heirs, and
assigns (collectively the "indemnitees"), from and
against, any and all claims, proceedings, losses, demands, actions (and all
expenses associated therewith asserted against, suffered, or incurred by
indemnitees) with respect to Buyer’s or its employees’, agents’ or
representatives’ (collectively the “indemnitors”) (i) failure to comply
with any obligation imposed on any of them under the Agreement; (ii) violation
of applicable law, ordinance, regulation, or rule by any indemnitors; and (iii)
causation of death or injury to any persons or damage to property arising out
of or related to indemnitor’s use of the Equipment or acts or omissions of indemnitors
related to the Agreement. Any and all
costs, expenses, and attorney's fees which Seller may incur in the furtherance
of the disposal or defense of any claim or action to be indemnified by the indemnitees
as set forth in this Section, or in the enforcement of the indemnitees’ indemnification
obligations under this Section, shall be solely the responsibility of and be
reimbursed by Buyer. At Buyer’s sole cost and expense, Seller shall cooperate
with and assist Buyer in the defense of any claim or action included within indemnitees’
9.01. Termination for Breach. Either party
may terminate the Agreement at any time in the event of a breach by the other party
of a material covenant, commitment or obligation under the Agreement that
remains uncured: (i) in the event of a monetary breach, ten (10) calendar days
following non-payment; (ii) in the event of a non-monetary breach, or the
negligence or misconduct of the other party, after thirty (30) days following
written notice thereof. Such termination shall be effective immediately and
automatically upon the expiration of the applicable notice period, without
further notice or action by either party. Termination shall be in addition to
any other remedies that may be available to the non-breaching party.
9.02. Termination for Bankruptcy, Insolvency or
Financial Insecurity. Seller may terminate the Agreement immediately at its
option upon written notice if Buyer: (i) becomes or is declared insolvent or
bankrupt; (ii) is the subject of a voluntary or involuntary bankruptcy or other
proceeding related to its liquidation or solvency, which proceeding is not
dismissed within ninety (90) calendar days after its filing; (iii) ceases to do
business in the normal course; or (iv) makes an assignment for the benefit of
creditors. The Agreement shall terminate immediately and automatically upon any
determination by a court of competent jurisdiction that Buyer is excused or
prohibited from performing in full all obligations hereunder, including,
without limitation, rejection of the Agreement pursuant to 11 U.S.C. §365.
9.03. Obligations upon Termination. Termination
of the Agreement for any reason shall not discharge either party's liability
for obligations incurred and amounts unpaid at the time of such termination.
Buyer shall be responsible for the payment of any Equipment that was ordered or
Services that were provided prior to termination. Seller shall not be required to deliver any
Equipment after the date of termination unless the Equipment has been paid in
10. Force Majeure. Seller
shall not be liable hereunder for any failure or delay in the performance of
its obligations under the Agreement, if such failure or delay is on account of
causes beyond its reasonable control, including civil commotion, war, fires,
floods, accidents, earthquakes, inclement weather, telecommunications line
failures, electrical outages, network failures, governmental regulations or
controls, casualty, strikes or labor disputes, terrorism, acts of God,
pandemic, epidemic, or other similar or different occurrences beyond the
reasonable control of the Seller, for so long as such force majeure event is in
effect. Seller shall endeavor to provide Buyer with notice of the occurrence of
such an event within five (5) business days of its occurrence.
11. Dispute Resolution; Governing
Law and Venue. If any dispute arises between the parties regarding this
Agreement, the parties agree to negotiate in good faith to resolve such dispute
in a timely fashion. The parties may,
but are not required to, submit the
dispute to a single mediator, jointly selected by the parties, to assist with
timely resolution of the dispute. The Agreement will be governed by and
interpreted in accordance with the laws of the State of Colorado, without
giving effect to the principles of conflicts of law of such state. The UN
Convention on Contracts for the International Sale of Goods shall not apply to the
Agreement. The parties hereby agree that if the matter is not submitted to
mediation, or is not resolved by the parties pursuant to mediation, any action
arising out of the Agreement will be brought solely in any state or federal
court located in or near Colorado Springs, Colorado. Both parties hereby submit
to the exclusive jurisdiction and venue of any such court. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR
ACTION ARISING FROM THE TERMS OF THE AGREEMENT.
12. Attorney’s Fees. If
either party incurs any legal fees associated with the enforcement of the
Agreement or any rights under the Agreement, the prevailing party as determined
by the court in such action shall be entitled to recover its reasonable
attorney’s fees and any court, arbitration, mediation, or other litigation
expenses from the other party.
13. Collection Costs;
Salvage/Disposal Costs. If Seller incurs any costs, expenses, or fees,
including reasonable attorneys’ fees and professional services fees, in
connection with the collection or payment of any amounts due Seller from Buyer
under the Agreement, or to dispose of Equipment that is not picked up by Buyer
as required by the Agreement, Buyer agrees to reimburse Seller for all such
costs, expenses and fees subject to interest fees at the rate of 18% per annum.
14. Assignment; No Third-Party
Beneficiaries. Neither party may assign the Agreement, either in whole or
part, without the express written consent of the other party. Notwithstanding
the foregoing, Seller may assign the Agreement to any affiliated company or if
the assignment is carried out as part of a merger, restructuring, or reorganization,
or sale or transfer of all or substantially all of the Seller’s assets, without
the consent of the Buyer. Any assignment without required consent shall be null
and void. Notwithstanding the foregoing, the Agreement shall be binding upon
and inure to the benefit of the successors, assigns and legal representatives
of the parties. There are no third-party beneficiaries to the Agreement.
15. Relationship of the
Parties. Nothing in the Agreement, and no course of dealing between the parties,
shall be construed to create or imply an employment or agency relationship or a
partnership or joint venture relationship between the parties or between one party
and the other party’s employees or agents. Each of the parties is an
independent contractor and neither Seller nor Buyer has the authority to bind
or contract any obligation in the name of or on account of the other party or
otherwise act on behalf of the other. Each party shall be solely responsible
for payment of the salaries of its employees and personnel (including
withholding of income taxes and social security), workers compensation, and all
other employment benefits.
16. Severability. In
the event any provision or portion of the Agreement shall be held to be
unenforceable, invalid or illegal under applicable law or by a court of
competent jurisdiction, the remaining provisions or portions shall remain in
full force and effect.
17. Rights Cumulative.
The rights and remedies of the parties herein provided shall be cumulative and
not exclusive of any rights or remedies provided by law or equity.
18. Survival. Each term
and provision of the Agreement that should by its sense and context survive any
termination or expiration of the Agreement, shall so survive regardless of the
cause and even if resulting from the material breach of either party to the
19. Notices. All
notices or other communications required under the Agreement shall be deemed
effective when received and made in writing by (i) hand delivery, (ii)
registered mail, (iii) certified mail, return receipt requested, (iv) overnight
mail, or (v) electronic mail, fax or other electronic transmission with proof
20. Waiver. No waiver
of any term or right in the Agreement shall be effective unless in writing,
signed by the waiving party. The failure of either party to enforce any
provision of the Agreement shall not be construed as a waiver or modification
of such provision, or impairment of its right to enforce such provision or any
other provision of the Agreement thereafter.
21. Entire Agreement; Modification. The Agreement, and all documents incorporated by reference into the Agreement, is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic or otherwise. No change, modification, amendment, or addition of or to the Agreement or any part thereof shall be valid unless in writing and signed by the parties.
If you are not satisfied with your purchase you may return it for a refund within 30 business days of receipt.
It is the responsibility of the customer to ensure that the merchandise is shipped back to us in the original packaging, and in new, unused condition.
Upon receipt of the returned merchandise, Colorado Standby will verify the condition of the return and issue a refund . The refund will be for the original purchase amount less original shipping charges and any return shipping charges not paid for by the customer, along with any other fees encurred.
Colorado Standby reserves the right to deny a full refund of the purchase price if the product is not returned in this manner and condition. Also, we reserve the right to charge a restocking fee of 20% on any returned or canceled orders.
2. This policy describes the types of information that we may collect from you or that you may provide when you visit www.coloradostandby.comany Colorado Standby mobile, tablet and other smart device applications, or application program interfaces including all content, functionality and services offered by us (all collectively our “Site”), whether as a guest or a registered user, and our practices for collecting, using, maintaining, protecting and disclosing your information.
(a) This policy applies to information that we collect:
(i) on our Site; and
(ii) in email, text, and other electronic messages between you and us, or our Site.
(b) This policy does not apply to information collected by:
(i) us offline or through any other means, including on any other Site operated by Colorado Standby or any third party; or
(ii) any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Site.
B. CHILDREN UNDER THE AGE OF 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on our Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use our Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us [email protected].
C. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
1. We collect several types of information from and about users of our Site, including information:
(a) by which you may be personally identified, such as your name, postal address, business or home location address, email address, telephone number, activities, interests, memberships, or any other identifier by which you may be identified or contacted online or offline (your “personal information”); and/or
(b) about your credentials used to access our Site, certain functionality on our Site, including your online account, your internet connection, operating system and version, network type, advertising identifier, the equipment you use to access our Site, and usage details.
2. We collect this information:
(a) directly from you when you provide it to us, including information gathered from your online account or when you make online purchases from us;
(b) automatically as you navigate through our Site or subscribe to our services or purchase our products. Information collected automatically may include usage details, IP addresses, network information, and information collected through cookies, web beacons, and other tracking technologies; and
parties, for example, our business partners and service providers that provide
data to Colorado Standby or that you have authorized to provide data to Colorado
1. The information we collect on or through our Site may include:
(a) Information that you provide by filling in forms or requesting information on our Site. This includes information provided at the time you access our Site, register to use our Site, download information or material, request further information, or order and pay for products or services. We may also ask you for information when you report a problem with our Site.
(b) Information gathered from your online account or when you make online purchases from us, including payment transactions.
(c) Records and copies of your correspondence (including email addresses), if you contact us or respond to correspondence from us.
(d) Your responses to surveys or questionnaires that we might ask you to complete for research purposes.
(e) Details of transactions or activities you carry out through our Site.
E. INFORMATION WE GATHER VIA AUTOMATIC DATA COLLECTION TECHNOLOGIES.
1. As you navigate through and interact with our Site, we may use automatic data collection technologies to gather certain information about your equipment, browsing actions, and patterns, including:
(a) details of your visits to our Site, including traffic data, location data, logs, and other communication data, and the resources that you access and use on our Site; and
(b) information about your mobile device or computer, your network or internet connection, including your IP address and advertising identifier, operating system, and browser type.
2. We also may use these technologies to collect information about your online activities over time and across third-party Sites or other online services.
3. We may maintain automatically-collected information or associate it with your personal information we collect in other ways or receive from third parties. Collecting this information helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
(a) Understand usage patterns.
(b) Store information about your preferences, allowing us to customize our Site according to your individual interests.
(c) Speed up your searches.
(d) Recognize you when you return to our Site.
4. The technologies we use for this automatic data collection may
Pages of our Site and our emails may contain small electronic files known as
web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs)
that may permit Colorado Standby, for example, to count users who have visited
those pages or opened an email and for other related Site statistics (for
example, recording the popularity of certain Site content and verifying system
and server integrity).
We do not control these third parties’ tracking technologies or how they may be
used. If you have any questions about such activities, an advertisement or
other targeted content, you should contact the responsible provider directly.
For information about how you can opt-out of receiving targeted advertising
from many providers, see the section titled “CHOICES ABOUT HOW WE USE AND
DISCLOSE YOUR INFORMATION” below.
G. HOW WE USE YOUR INFORMATION
1. We, or our service providers, use information that we collect about you or that you provide to us, including any personal information:
(a) To present our Site and its contents to you.
(b) To provide you with the information, products, or services that you request from us.
(c) To perform analytics, machine learning and other technical assessments to improve or expand our services, processing platforms, databases and database management, and customer service offerings.
(d) To fulfill any other purpose for which you provide your information to us.
(e) To provide you with notices about your account.
(f) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
(g) To notify you about changes to our Site or any products or services we offer or provide though our Site.
(h) To contact you about Colorado Standby products or services that may be of interest to you.
(i) To allow you to participate in interactive features on our Site.
(j) If you have difficulties getting our Site or services to work as desired, to assist us and you in helping to identify the root cause of your problem.
(k) In any other way we may describe at the time you provide the information to us.
For any other
purpose with your consent.
H. DISCLOSURE OF YOUR INFORMATION
1. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
(a) to our subsidiaries and affiliates;
(b) to contractors, service providers, and other third parties that we use to support our business;
(c) to anyone you have authorized to provide your data to Colorado Standby;
(d) to a potential buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Colorado Standby’s assets which occurs for any reason, in which your personal information held by our Site users might be among the assets transferred;
(e) to fulfill the purpose for which you provide the information to us;
(f) for any other purpose disclosed by us when you provide the information to us; and
(g) with your consent.
3. We may also disclose your personal information:
(a) to comply with any court order, law, or legal process, including to respond to any government or regulatory requirement;
if we believe
disclosure is necessary or appropriate to protect the rights, property, or
safety of Colorado Standby, our customers, or others. This
includes exchanging information with other companies and organizations for the
purposes of fraud protection and credit risk reduction.
I. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
1. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
(b) Promotional Offers from Colorado Standby. If you do not wish to have your email address or other contact information used by Colorado Standby to promote our products or services, you may opt-out by contacting us at [email protected]. If we send you an unwanted promotional email, you may click on the “unsubscribe” link located on the bottom of the email, or forward that unwanted email to us at [email protected], asking to be omitted from future email distributions. This opt-out does not apply to information provided to or by Colorado Standby as a result of Colorado Standby providing services to you or other transactions.
(c) Push Notifications. We may deliver notifications to your mobile device. You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device or by contacting us at [email protected].
J. ACCESSING AND CORRECTING YOUR INFORMATION
You may send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
K. YOUR STATE PRIVACY RIGHTS
If you are a California, Nevada, Colorado, Virginia, or Utah resident, your state’s laws may provide you with additional rights regarding our use of your personal information. To learn more about your specific state rights please contact us at [email protected].
California Shine the Light Law: The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. To make such a request, please send an email to [email protected]. Your request must include information to affirm your identity and provide us with a current California address for response.
L. NON-U.S. RESIDENTS.
Our services, the Site and its servers are operated in the United States. If you are a resident of a country or jurisdiction outside the United States, please be aware that your personal information will be transferred to, processed, maintained, and used on computers, servers, and systems located where the privacy laws may not be as protective as those in your jurisdiction. If you choose to use our Site or services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
M. DATA SECURITY
1. We and our service providers have implemented measures designed to help us keep your personal information secure from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet or a wireless network is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from our Site or via email. Any transmission of your personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
2. The safety and security of your information also depends on you. If you have a password to access certain parts of our Site, including your online account, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We may request that you change your password from time to time. We are not responsible for any loss of data, data corruption, or otherwise unauthorized access.
N. LINKS TO OTHER WEBSITES AND SOCIAL MEDIA
Our Site contains links to other
websites, social media sites, and internet and mobile applications. Please be
aware that we are not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our site and to read
the privacy statements of each and every website or social media site that
solely to information collected by this Site.
P. CONTACT INFORMATION
The shipping rates quoted on coloradostandby.com are for the Contintental U.S.(lower 48 states). If outside of this area there may be additional rates that apply. Additional shipping charges may include but are not limited to liftgate service, ferry charges, rural locations, etc. The freight service may or may not be able to deliver on a dirt road so if this is the case please notify our shipping department prior to shipment arriving to make arrangements. Your product may be delivered with a trailer, semi-truck, box-truck, etc. and delivery is made as a curbside service. Before signing the delivery receipt or bill of lading you must inspect product for damages. If item is damaged, do not accept shipment otherwise returns and exchanges may not be accepted.