Terms and Conditions of Sale

These terms and conditions (this "Agreement") govern the sale of products ("Product" or "Products") and the provision of services ("Services") by Lodestone LLC, doing business as Bantam Clean Power, and its affiliates ("Seller"), including Products and Services supplied through Seller's third party vendors and service providers.

This Agreement takes precedence over any supplemental or conflicting terms proposed by the buyer ("Buyer"). Notice of objection to those terms is given here. Seller's commencement of performance or delivery is not acceptance of Buyer's supplemental or conflicting terms, and Seller's failure to object to additional terms does not change or add to this Agreement. Buyer's acceptance of Products or Services constitutes acceptance of this Agreement.

All orders are subject to acceptance by Seller. Seller may, in its sole discretion, allocate Products among its customers.

With Seller's written approval, Buyer may return conforming Product to Seller provided that Buyer pays all transportation, duties, insurance, and tax, and provided that Buyer pays a restocking charge determined by Seller before the Product is returned.

Seller may designate certain Products and Services as non-cancelable and non-returnable. Sales of those Products are subject to the special terms contained in Seller's Customer Acknowledgement, which prevail over any inconsistent terms in this Agreement or elsewhere.

Prices for Products are those stated on the face of the invoice. Prices for undelivered Products may be increased if Seller's costs increase, if market conditions change, or for any other cause beyond Seller's reasonable control.

Price quotations expire automatically thirty (30) days from the date issued, unless the quotation states a different period.

How our products behave

Every Bantam Clean Power product is tested for functionality before it is packaged at the factory. Filtering and surge performance are governed by measurable electrical properties and are documented on each product's specification sheet. If there is voltage or current noise to filter, it is filtered. If there is none, nothing happens.

Bantam Clean Power products are not intended to accommodate or correct poorly wired or misconfigured electrical infrastructure, or a faulty or failing appliance. A Bantam product installed in those conditions can be damaged, and that damage is detectable when the product is returned to us. A product that performs to its specification is not faulty because a separate condition, such as noise from an appliance, remains unchanged after installation.

Return window and eligibility

You have 14 days from the date you receive your item to request a return. To be eligible, the item must reach us in new, resellable condition and in its original packaging, and you must provide the receipt or the order number from bantamcleanpower.com.

If the returned Product is undamaged and we determine after testing that it can be resold, we will process a full or partial refund based on our evaluation. We will advise you of the results by phone or email. Where there are no issues, we process a full refund, excluding shipping charges. Where a partial refund is determined, we will contact you and give you three business days to accept the partial refund or to have the Product returned to you at your cost. Our refund determination is final.

How to start a return

1. Request a return authorization at sales@bantamcleanpower.com. Items sent back without first requesting a return will not be accepted.
2. Ship the item to the returns address below. You arrange and pay for shipping.
3. Watch for our evaluation results by phone or email. If your country of residence is not the United States, transit may take longer than expected.

Damages and wrong items

Inspect your order on receipt. Contact us immediately if the item is defective, damaged, or incorrect, so that we can evaluate the issue and make it right.

Exchanges

The fastest way to get the item you want is to return the item you have and place a separate order for the new one once the return is accepted. We cannot apply credit from a returned purchase to a new purchase.

Refunds

We notify you once we have received and inspected your return, and tell you whether a full refund, a partial refund, or no refund was approved. Approved refunds are issued to your original payment method within 5 business days. Your bank or credit card company may take additional time to post the refund.

Bantam Clean Power warrants that its Products are free from defects in materials and workmanship under normal use and correct installation, for the period shown below, measured from the date you receive the Product. We build these units, we test every one of them before it leaves the factory, and we stand behind them for the terms stated here.

Coverage runs for three years on Vanguard, Nexus, and Citadel. The Tempest SA3600 is a component sold into integrated systems and carries a 30 day period.

Who this warranty covers

This warranty runs to the original purchaser of a Product bought directly from Bantam Clean Power, including purchases made at bantamcleanpower.com. It is not transferable. Products purchased through a distributor or reseller are covered under that distributor's own terms and warranty commitments, which are set out in its agreement with us. If you bought from a distributor, contact the distributor first.

What we will do

If a Product proves defective within its coverage period, we will replace it at no charge to you once we receive it and confirm the defect. If the Product is no longer manufactured, we may substitute a functionally equivalent Product, or, at our election, refund the purchase price you paid, without interest. Replacement is your sole remedy for a breach of this warranty. A replacement unit carries the remainder of the original coverage period, and does not start a new one.

What this warranty does not cover

• Misuse, static discharge, neglect, accident, or modification of any kind, including soldering.
• Damage caused by poorly wired or misconfigured electrical infrastructure, or by a faulty or failing appliance connected to the Product. See section 4.
• Use outside the ratings and environmental limits published on the Product's specification sheet.
• Cosmetic wear that does not affect the Product's function.
• Any Product returned without acceptable evidence of purchase.

How to make a warranty claim

Email sales@bantamcleanpower.com with your order number and a description of the problem, and we will issue a return authorization. Do not ship a Product to us without one. Send the Product to the returns address in section 4. We will confirm the defect and ship your replacement.

Except as expressly stated in this section, all implied warranties, terms, and conditions, whether statutory or otherwise, are excluded to the fullest extent permitted by law. In particular, Seller makes no warranty respecting the merchantability of the Products, their suitability or fitness for any particular purpose, non-infringement of third party rights, or warranties against latent defects. Where implied warranties cannot lawfully be excluded, they are limited in duration to the coverage period stated above.

Some jurisdictions do not allow limitations on the duration of an implied warranty, or the exclusion of certain damages, so the limitations above may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary by jurisdiction.

Buyer shall not be entitled to, and Seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, loss of data, removal or reinstallation costs, injury to reputation or loss of buyers, punitive damages, intellectual property rights infringement, loss of contracts or orders, or any indirect, special, incidental, or consequential damages of any nature. Buyer's recovery from Seller for any claim shall not exceed the purchase price paid for the affected Products, irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise.

Buyer will indemnify, defend, and hold Seller harmless from any claims based on (a) Seller's compliance with Buyer's designs, specifications, or instructions, (b) modification of any Products by anyone other than Seller, or (c) use of the Products in combination with other products.

Buyer certifies that it will be the recipient of the Products delivered by Seller. Buyer acknowledges that the Products are subject to the export and import control laws and regulations of various countries, including the export administration laws of the United States.

Products sold by Seller may not be transferred, sold, or re-exported to any party on the Entity List or Restricted Person List of the U.S. Department of Commerce Bureau of Industry and Security, to any party designated by the U.S. Treasury Department's Office of Foreign Assets Control, to any party restricted under the International Traffic in Arms Regulations, or to any party debarred or sanctioned for proliferation or terrorism reasons by the U.S. Department of State.

Products sold by Seller are not designed, intended, or authorized for use in life support, life sustaining, transportation, nuclear, or other applications in which the failure of the Product could reasonably be expected to result in personal injury, loss of life, or catastrophic property damage.

If Buyer uses or sells the Products for any such application:

1. Buyer acknowledges that the use or sale is at Buyer's sole risk.
2. Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from that use.
3. Buyer agrees to indemnify, defend, and hold Seller and the manufacturer harmless from any and all claims, damages, losses, costs, expenses, and liabilities arising out of or in connection with that use or sale.

Seller is not liable for failure to fulfill its obligations under any accepted order, or for delays in delivery, due to causes beyond Seller's reasonable control. Those causes include acts of God, natural or artificial disaster, riot, war, strikes, delay by carrier, shortage of raw material, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, flood, epidemic, quarantine restrictions, acts of terrorism, delays in transportation, and inability to obtain labor, materials, or Products through Seller's regular sources.

Any such event excuses Seller from performance and bars remedies for non-performance. Seller's time for performance is extended by a period equal to the time lost. Seller may instead cancel the remaining performance, without liability or penalty, by giving written notice of cancellation to Buyer.

Any technical assistance or advice offered or given to Buyer is provided free of charge and only as an accommodation to Buyer. Seller is not liable for the content of that assistance or advice, or for Buyer's use of it. No statement made by any of Seller's representatives in connection with the Products or Services constitutes a representation or warranty, express or implied.

The Products, unique part numbers, descriptions, likenesses, and technical information listed in Seller's catalogs are the exclusive property of Seller. They may not be promoted, copied, wholesaled, or retailed by Buyer or its affiliates without Seller's express written approval.

Products, including software and other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights, and user licenses.

Patent information for Bantam Clean Power products is published at Patents and Certifications.

This Agreement, and any dispute arising out of or relating to it, to the Products, or to your purchase, is governed by the laws of the State of California, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The exclusive venue for any such dispute is the state courts located in Orange County, California, or the United States District Court for the Central District of California. Buyer and Seller each consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Any claim arising out of or relating to this Agreement must be brought within one (1) year after the claim arises, or it is permanently barred, except where a longer period is required by applicable law.

Nothing in this section limits your right to bring an individual claim in a small claims court that has jurisdiction, or to file a complaint with a government agency.

• Buyer may not assign this Agreement without Seller's prior written consent. Seller or its affiliates may perform Seller's obligations under this Agreement. This Agreement is binding on successors and permitted assigns.
• If any provision of this Agreement is held unenforceable, that provision is limited or severed to the minimum extent necessary, and the remaining provisions continue in full force.
• Seller's failure to enforce any provision is not a waiver of that provision or of any other.
• Seller may update this Agreement. The version in effect on the date Seller accepts your order applies to that order.