Terms and Conditions

The following Terms and Conditions apply to the quote and sales process of Davis Powers, Inc.

Quotation Terms

Quotes provided by Davis Powers, Inc. are confidential and must not be disclosed to any third party without written permission. Full payment of quotes grants Davis Powers, Inc. the license to deliver the product as requested, including updated firmware and any specified software. Product selection by Davis Powers, Inc. is contingent upon the availability of the product at the time of the request. Quotes are valid for a period of 30 days from the date of issue.

Pricing Terms

Pricing is guaranteed for a period of 30 days unless otherwise specified. Due to fluctuations in stock and availability, prices are subject to change, and any alterations will be communicated promptly. Quotes do not include taxes or freight charges. Work is scheduled during normal business hours, from 8:30 a.m. to 5:30 p.m., Monday through Friday, local time, unless stated otherwise in this quote. Work required outside normal business hours, such as evenings, weekends, or holidays, will incur charges at 1.5 times the normal business hour (NBH) rate. A two-hour minimum charge applies to all onsite engagements.

A cancellation fee, equivalent to the two-hour minimum, will be enforced for cancellation notices received within 48 hours (approximately two days) of the scheduled dispatch. The pricing outlined in quotes assumes that all work will be executed in a single, continuous effort. Davis Powers, Inc. will not be held accountable for any defective equipment supplied by the Buyer. Furthermore, Davis Powers, Inc. will not be responsible for additional labor hours necessitated by unforeseen delays caused by external parties.

Payment Terms

A quotation does not constitute an order and will not be processed until the total amount due is fully paid. Failure to adhere to the terms of payment may result in Davis Powers, Inc. withholding the fulfillment of orders. Upon completion of services or delivery of products, an invoice will be issued to the Buyer. All payment obligations as outlined are definitive, non-cancellable, and the fees paid are non-refundable.

For quotations valued at under $10,000, acceptable payment methods include credit cards and eCheck/ACH. For quotations exceeding $10,000, the only permissible payment method is eCheck/ACH. A full material deposit is required before any orders are placed or scheduling is confirmed. The final balance is due upon the completion of the project.

For quotations exceeding $5,000.00 USD, either a 50% deposit or a full material deposit, whichever is greater, is required before any order placement or scheduling. The final payment is due upon project completion.

Customers consent to receive electronic records, which may be provided through a web browser or email application connected to the Internet. Electronic signatures, or copies of signatures transmitted electronically, are considered the equivalent of traditional written and signed documents. Any withdrawal of consent to electronic records or requests for documents in non-electronic format must be explicitly made in writing to Davis Powers, Inc.

Acceptance of Terms

By accepting the delivery of products, engaging with Davis Powers, Inc. for managed IT and cybersecurity services, or utilizing our website/mobile application, the Customer acknowledges agreement to these Terms and Conditions. This acceptance applies unless there is an existing separate agreement between the Customer and Davis Powers, Inc., in which case the provisions of the separate agreement will prevail.

Return Policy

Returns must be initiated within 15 days from the receipt of the order. Davis Powers, Inc. is not liable for items damaged upon delivery but will offer support in the refund or return process.

For products that do not operate as per the manufacturer's specifications, customers are encouraged to contact us within the specified return timeframe for authorization and further assistance. A Return Merchandise Authorization (RMA) number will be issued upon request.

Governing Law and Dispute Resolution

The Terms and Conditions, including any disputes arising from or related to services provided by Davis Powers, Inc., will be governed and interpreted in accordance with the laws of the state in which Davis Powers, Inc. operates, excluding its conflict of law principles. Disputes shall be exclusively settled through final and binding arbitration in the state of Davis Powers, Inc.’s location, in accordance with the American Arbitration Association's rules.

Services Description and Customer Cooperation

Davis Powers, Inc. offers comprehensive managed IT and cybersecurity services, which encompass direct services and those provided by Third Parties, as detailed in our Service Agreement. Successful delivery of these services necessitates active cooperation from the Customer, including prompt responses, provision of necessary information and materials, and all consents required for Davis Powers, Inc. to efficiently execute the services.