Terms of Service
Terms of Service
Last Updated: September 08, 2021
Welcome to X-Power. These Terms of Service govern your access to and use of the X-Power website and your purchase of products through our online store.
By accessing our website or placing an order, you agree to be bound by these Terms of Service. If you do not agree with these Terms, please do not use our website or place an order.
1. About X-Power
X-Power provides generators, power equipment, engines, agricultural equipment, accessories, replacement parts, and related products and services.
Our products may include gasoline-powered, diesel-powered, propane-powered, dual-fuel, inverter, and other engine-driven equipment.
Product availability, specifications, pricing, and configurations may vary by market and product model.
2. Eligibility
You must be legally capable of entering into a binding agreement to use this website and purchase products.
If you purchase a product on behalf of a business or organization, you represent that you have the authority to bind that organization to these Terms.
3. Product Information
We make reasonable efforts to ensure that product descriptions, specifications, images, dimensions, performance information, and other information displayed on our website are accurate.
However:
- Product images may differ slightly from actual products.
- Colors may appear differently depending on your device or display.
- Product specifications may change without prior notice.
- Accessories and configurations may vary by model or market.
- Manufacturers may make engineering or design changes.
- Availability may change without notice.
The specifications shown on the product page applicable to your order at the time of purchase will generally govern the product configuration purchased, subject to applicable law.
4. Product Use and Safety
Power equipment and engine-driven products can present serious risks if improperly used.
Customers are responsible for reading and following all applicable:
- Owner's manuals;
- Safety instructions;
- Warning labels;
- Installation instructions;
- Maintenance requirements;
- Fuel requirements;
- Electrical requirements; and
- Applicable local, state, and federal laws and regulations.
Never operate a generator or engine-powered product in an enclosed or inadequately ventilated area.
Generators produce carbon monoxide, which is a colorless and odorless gas that can cause serious injury or death.
Generators must be operated outdoors and in accordance with the applicable owner's manual and safety requirements.
Customers are responsible for determining whether a particular product is appropriate for their intended application.
5. Proper Installation and Operation
Certain products may require professional installation or connection by a qualified technician.
Customers are responsible for ensuring that:
- The product is assembled correctly;
- The product is installed in accordance with applicable instructions;
- Electrical connections comply with applicable codes;
- Proper grounding and transfer equipment are used where required;
- The correct fuel and fluids are used;
- The product is operated within its specified limits; and
- Required maintenance is performed.
X-Power is not responsible for damage resulting from improper installation, improper electrical connections, misuse, unauthorized modifications, or failure to follow applicable instructions.
6. Fuel and Engine Requirements
Customers must use only the fuel type and fuel specifications approved for the applicable product.
Using incorrect, contaminated, stale, or improperly stored fuel may damage the engine or fuel system and may affect warranty coverage.
Customers are responsible for complying with all applicable laws and safety requirements concerning the storage, transportation, handling, and use of fuel.
7. Orders
Placing an order through our website constitutes an offer to purchase the selected products.
We reserve the right to:
- Accept or decline an order;
- Limit quantities;
- Cancel an order;
- Correct pricing or product information errors;
- Restrict sales to certain locations; or
- Require additional information before processing an order.
If we cancel an order after payment has been processed, we will generally issue a refund to the original payment method.
8. Pricing and Payment
All prices displayed on the website are in U.S. dollars unless otherwise stated.
Prices may change without notice.
Applicable sales taxes, shipping charges, fees, or other charges will be displayed during checkout where applicable.
We reserve the right to correct pricing errors, including typographical or system errors.
If an order was placed at an incorrect price due to an obvious pricing error, we may cancel the order and refund the amount paid.
9. Promotions and Discount Codes
Promotional codes, discounts, and special offers may be subject to additional terms.
Unless otherwise stated:
- Only one promotional code may be used per order.
- Promotional codes may have expiration dates.
- Promotional codes may not be combined with other offers.
- Promotional codes may not be applied to previous purchases.
- Certain products may be excluded from promotions.
- Promotional offers may be modified or discontinued without notice.
10. Shipping and Delivery
We will make reasonable efforts to ship orders within the estimated processing and delivery time displayed on the website.
Delivery dates are estimates and are not guaranteed unless expressly stated otherwise.
Shipping delays may occur due to:
- Carrier delays;
- Weather;
- Natural disasters;
- Supply shortages;
- Customs or regulatory requirements;
- Incorrect shipping information;
- High order volumes; or
- Other circumstances beyond our reasonable control.
Customers are responsible for providing accurate shipping information.
11. Delivery Inspection
Customers should inspect products and packaging promptly after delivery.
If a product arrives visibly damaged, customers should document the condition with photographs and contact X-Power as soon as reasonably possible.
Customers should retain the original packaging until any delivery damage claim has been resolved.
12. Returns and Refunds
Returns and refunds are governed by our Refund Policy.
By purchasing a product through our website, you agree to comply with the applicable return procedures.
Please review our Refund Policy before purchasing.
13. Warranty
Certain X-Power products may be covered by a limited manufacturer's warranty.
Warranty coverage, duration, exclusions, and claim procedures vary by product.
Unless expressly stated otherwise, the applicable warranty documentation provided with the product governs warranty claims.
Warranty coverage may not apply to damage caused by:
- Misuse;
- Abuse;
- Neglect;
- Improper installation;
- Improper maintenance;
- Unauthorized modification;
- Incorrect fuel;
- Accident;
- Normal wear and tear;
- Use outside the product's intended application; or
- Failure to follow the owner's manual.
Nothing in these Terms is intended to limit any warranty rights that cannot legally be excluded.
14. Intellectual Property
All content on this website, including but not limited to:
- Text;
- Product descriptions;
- Photographs;
- Graphics;
- Logos;
- Trademarks;
- Videos;
- Designs;
- Icons;
- Software; and
- Website layout
is owned by or licensed to X-Power and is protected by applicable intellectual property laws.
You may not reproduce, copy, modify, distribute, publish, sell, license, or commercially exploit website content without our prior written permission.
15. Trademarks
X-Power and related logos, names, product names, and marks may be trademarks or trade names of X-Power or their respective owners.
You may not use our trademarks without prior written authorization.
16. User Content
If you submit reviews, photographs, videos, comments, testimonials, or other content to X-Power, you represent that you have the right to submit that content.
By submitting content, you grant X-Power a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, display, and distribute the content for business, marketing, advertising, and operational purposes.
You remain responsible for the content you submit.
You may not submit content that:
- Violates another person's rights;
- Contains unlawful material;
- Is misleading or fraudulent;
- Contains malicious code;
- Infringes intellectual property rights; or
- Violates applicable laws.
17. Third-Party Websites and Services
Our website may contain links to third-party websites, services, payment providers, social media platforms, or other resources.
We are not responsible for the content, policies, availability, or practices of third-party websites or services.
Your use of third-party services may be subject to separate terms and privacy policies.
18. Website Availability
We do not guarantee that the website will always be available, uninterrupted, secure, or error-free.
We may temporarily suspend or modify the website for maintenance, upgrades, security reasons, or other operational purposes.
19. Prohibited Uses
You agree not to use the website:
- For any unlawful purpose;
- To violate applicable laws or regulations;
- To interfere with website security;
- To introduce malicious code;
- To attempt unauthorized access;
- To scrape or copy website content for unauthorized commercial use;
- To submit fraudulent orders;
- To abuse promotional offers; or
- To interfere with the operation of the website.
20. Limitation of Liability
To the maximum extent permitted by applicable law, X-Power and its affiliates, officers, employees, agents, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to:
- Use of the website;
- Inability to access the website;
- Purchase or use of products;
- Product delays;
- Business interruption;
- Loss of profits;
- Loss of data; or
- Other indirect losses.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
21. Disclaimer
To the maximum extent permitted by applicable law, the website and its content are provided on an "as is" and "as available" basis.
We do not guarantee that all website content will always be complete, accurate, current, or error-free.
Product performance may vary depending on operating conditions, load, altitude, temperature, fuel quality, maintenance, installation, and other factors.
22. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless X-Power and its affiliates, officers, employees, agents, suppliers, and service providers from claims, damages, liabilities, losses, and expenses arising from:
- Your violation of these Terms;
- Your misuse of our products;
- Your violation of applicable laws;
- Your violation of third-party rights; or
- Your unauthorized use of the website.
23. Governing Law
These Terms will be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which X-Power's applicable business entity is established, except to the extent otherwise required by applicable law.
Nothing in these Terms is intended to deprive consumers of mandatory rights provided by the laws applicable to their place of residence.
24. Changes to These Terms
We may update these Terms of Service from time to time.
When changes are made, the updated version will be posted on this page with a revised "Last Updated" date.
Your continued use of the website after the updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
25. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
26. Entire Agreement
These Terms, together with our applicable policies and any additional terms presented during checkout, constitute the agreement between you and X-Power regarding your use of the website and purchase of products, except where additional written terms expressly apply.
27. Contact Us
If you have questions about these Terms of Service, please contact us:
X-Power Customer Service
Email: [Leo@xpowerequipment.com]
Phone: [+86-18325003405]
Business Hours: [7x24 HOURS]
X-Power
Website: https://xpowerequipment.com/