Core Generator Services Terms & Conditions

CORE UTILITY SERVICES LLC
d/b/a CORE GENERATOR SERVICES (“Seller”)

1) Scope; Incorporation; Acceptance

These Terms govern:

(a) Goods: generators, transfer switches, solar/battery equipment, and related products, components, and parts (“Goods”); and

(b) Seller Services: non-construction services Seller may provide related to the Goods, including delivery/logistics coordination, documentation/verification (“installation assurance”), commissioning/startup, customer coaching, monitoring support, maintenance, and repair (“Seller Services”).

Installation Services (including electrical installation, permitting, inspections, trenching, concrete, gas plumbing, roof/solar mounting, and other trade work) are performed by independent, properly licensed and insured third parties (“Installing Contractor”), unless Seller is expressly identified in writing as the licensed contractor performing such work on a particular project. Absent such express written identification, Seller is not the “contractor” for Installation Services and does not hold itself out as such.

These Terms are incorporated into every proposal, estimate, invoice, work order, service ticket, online checkout, and other document Seller issues (each a “Company Document”). By signing, approving, paying, placing an order, checking out online, scheduling, or allowing performance under any Company Document, Customer agrees to these Terms.

Version control: The version in effect on the date a Company Document is issued governs that transaction unless Seller agrees otherwise in writing.

2) Dealer/Coordinator Role; Installing Contractor Responsibilities

Unless Seller is expressly identified in writing as the licensed contractor performing Installation Services for a specific project, Customer agrees that:

(a) Seller is acting as an equipment dealer/reseller and coordinator for the Goods and Seller Services, and not as the contractor of record for Installation Services;

(b) Installation Services are provided by an independent, properly licensed and insured Installing Contractor under that contractor’s own license and responsibility;

(c) The Installing Contractor is solely responsible for permits, inspections, code compliance, workmanship, supervision, safety, and means/methods of Installation Services within their scope; and

(d) Seller does not supervise, control, direct, or assume responsibility for Installation Services performed by the Installing Contractor and is not liable for the Installing Contractor’s acts, omissions, delays, or defaults.

In some cases, Customer may sign a separate agreement directly with the Installing Contractor. In other cases, Installation Services may be described in a Company Document for convenience while still being performed by the Installing Contractor under its own license and responsibility. In all cases, unless Seller is expressly identified in writing as the licensed contractor, the Installing Contractor remains the party responsible for Installation Services.

Customer is responsible for providing safe access to the premises, timely decisions and approvals, and reasonable cooperation needed for delivery, coordination, and commissioning (if purchased).

3) Installation Assurance (Documentation/Verification) & Commissioning

Seller Services may include documentation/verification (“installation assurance”) and commissioning intended to confirm—based on accessible information at the time—that the installation appears to follow manufacturer guidelines and applicable codes (which may include NFPA 70 (NEC) and NFPA 101 where applicable and adopted in the installation jurisdiction).

These services are typically performed to document installation details and support warranty verification if installation method is questioned in the future.

Important: Seller’s installation assurance/verification is not an AHJ inspection, and is not a certification or guarantee of code compliance. Final responsibility for installation compliance remains with Customer and the Installing Contractor.

4) Estimates; Scheduling; Delays

Dates stated for delivery, commissioning, or completion are estimates and depend on product availability, shipping/freight, permitting/inspection schedules, weather, utilities, and third-party availability. Seller is not liable for delays outside Seller’s reasonable control.

5) Pricing; Taxes; Permits; Utility/Governmental Charges

Prices are based on current conditions and may change due to site conditions, utility/inspector/HOA requirements, scope changes, or material/freight/permit cost changes.

Prices exclude sales/use taxes and governmental/utility charges unless stated otherwise. Unless Seller is expressly identified in writing as the licensed contractor responsible for permitting on a specific project, permits/inspections are obtained by the Installing Contractor at Customer’s expense (Seller may assist with administrative coordination if requested).

6) Change Orders

If conditions or requirements differ from those reasonably anticipated, or Customer requests changes, Seller may issue a written/electronic change order with revised price and/or schedule. Work beyond the original scope may be paused until the change order is approved.

7) Payment; Upfront Equipment Payment; Financing; Deposits; Late Charges; Suspension

Payment terms are as stated in the applicable Company Document.

7.1 Equipment Paid Upfront (Default)

Unless otherwise stated in writing, Goods/equipment and materials must be paid in full before Seller places supplier orders, allocates/reserves inventory, or schedules shipment.

7.2 Financing

If Customer uses financing, the order is not considered accepted until financing is approved and funded (or otherwise confirmed complete by the financing provider). If financing is declined, reversed, or cancelled, Seller may cancel the order.

7.3 Deposits (If Offered) – Non-Refundable

If Seller accepts a deposit (only in limited situations and only if stated in writing for a specific item/project), deposits are non-refundable.

Deposits become strictly non-refundable once any of the following occurs (whichever happens first): Goods/materials are ordered, allocated/reserved, specially procured, freight is booked, Goods are shipped/delivered, or other non-refundable project costs are incurred (including supplier fees, freight charges, engineering/plan costs, permitting/administrative costs, or internal coordination time).

Deposits are not a direct prepayment for any specific line item and may be applied to incurred project costs, including non-recoverable materials, coordination, and administrative/cancellation charges described in these Terms.

7.4 Late Charges; Collection

Late payments accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law. Customer is responsible for collection costs. Where required, Seller will provide the 10-day notice for attorneys’ fees under O.C.G.A. § 13-1-11.

7.5 Suspension

Seller may suspend delivery, commissioning, activation, monitoring support, or other Seller Services if amounts are past due.

8) “One Checkout” Pass-Through Payments (Authorized Payment Agent)

If Customer elects a “one checkout” convenience option, Customer authorizes Seller to collect amounts designated for Installation Services solely as Customer’s limited payment agent for the Installing Contractor and applicable permitting/inspection authorities.

Customer agrees that:

(a) Installation Services are provided by the Installing Contractor (not Seller), unless Seller is expressly identified in writing as the licensed contractor performing such work for a specific project;

(b) Seller’s role for pass-through funds is limited to receiving payments from Customer and remitting them to the Installing Contractor and/or applicable authorities on Customer’s behalf. This limited payment role does not create any trust, escrow, fiduciary, joint venture, or contractor-of-record relationship beyond that limited payment agency;

(c) Once pass-through funds are remitted to the Installing Contractor or committed to permit/inspection fees, those amounts may be non-refundable except as required by law or as otherwise agreed in writing by the Installing Contractor or applicable authority; and

(d) Seller is not responsible for the Installing Contractor’s performance or nonperformance solely by virtue of serving as a limited payment agent under this Section.

Pass-through funds are separate from equipment payments and are not collected as part of any equipment deposit unless expressly stated in writing.

9) Order Changes; Partial Cancellations; “Partial Release” of Goods (NO SPLIT ORDERS)

To prevent supply chain, warranty, and cost issues, partial cancellations and “partial release” of Goods from a combined order are not permitted by default (example: cancelling part of an order while demanding immediate possession of selected items).

If Seller approves a change in writing, items already ordered/allocated/shipped may not be cancelled, and any refund (if any) will be limited to amounts not already committed to supplier orders, allocations, freight, and other non-recoverable costs.

10) Cancellation; Termination; Costs Incurred; Administrative Fee

If Customer cancels after Seller has ordered or allocated Goods, committed materials, or incurred project costs, Customer is responsible for all costs incurred through the cancellation date, including (as applicable):

• Goods and materials allocated or procured for the project;

• Freight and delivery/return charges;

• Vendor restocking or cancellation fees;

• Permit/inspection or utility/HOA fees paid on Customer’s behalf;

• Internal planning, design, and coordination time; and

• Seller Services performed to date.

Seller may apply any deposits to such costs and, if deposits are insufficient, may invoice Customer for any remaining balance.

In addition to vendor restocking or cancellation charges, Seller may charge an administrative/cancellation fee of up to ten percent (10%) of the total project price to cover internal handling, coordination, and processing of the cancellation.

If Seller cancels due to inability to obtain required approvals, unsafe/impractical conditions, nonpayment, or Customer non-cooperation, Customer remains responsible for costs incurred through the cancellation date, and Seller may apply deposits in the same manner.

11) Refund Requests (14-Day Window)

Refund requests must be submitted within fourteen (14) days of delivery (as confirmed by carrier tracking or delivery confirmation). No refunds will be issued after 14 days.

Any approved return/refund must meet eligibility requirements, including that the Goods are new, unused, uninstalled, and in original packaging with all included components.

Certain categories may be non-returnable or subject to additional restrictions, including (without limitation) special-order items, items ordered/allocated to Customer, electrical components, batteries, and hazardous-material shipments, and any item not in re-sellable condition.

(Refund Policy, if/when posted, is incorporated by reference: [LINK TO REFUND POLICY].)

12) Tax Credits, Rebates, Incentives (No Tax Advice)

Any information Seller provides about rebates, tax credits, incentives, or program eligibility is for convenience only and may change. Seller does not provide tax advice and does not guarantee eligibility, approval, or value of any credit or incentive.

Changes in Customer’s tax strategy or incentive eligibility do not modify payment terms, deposit status, cancellation rules, or refund eligibility.

13) Title; Risk of Loss; Security Interest

Title to Goods remains with Seller until Seller has received payment in full unless otherwise stated. Risk of loss passes upon delivery to the premises or transfer to Customer or Customer’s Installing Contractor (as applicable).

Customer grants Seller a purchase-money security interest in the Goods and any proceeds and authorizes Seller to file UCC financing statements to perfect Seller’s interest.

14) Liens

Seller preserves all lien and collection remedies available under Georgia law and may use Georgia statutory lien waiver forms and related filings where applicable.

15) Warranties; Disclaimers; Third-Party Warranties

Goods may be covered by manufacturer warranties. Seller provides no manufacturer warranty unless expressly stated in a Company Document.

Seller warrants only Seller Services performed by Seller as stated in the applicable Company Document (if any). Installation workmanship and code compliance are the responsibility of the Installing Contractor and are governed by the Installing Contractor’s terms and warranty with Customer.

Customer must maintain equipment per manufacturer guidance. Lack of maintenance, misuse, or unauthorized modifications may void warranties.

Seller does not control, extend, or guarantee any third-party contractor or manufacturer warranties, including roofing warranties, structural warranties, or other trade warranties. If installation or use of Goods results in any third party modifying, limiting, or voiding its warranty, that is between Customer and such third party.

EXCEPT AS REQUIRED BY LAW OR EXPRESSLY PROVIDED IN A COMPANY DOCUMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

16) Limitation of Liability

Seller is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including loss of use, loss of profits, or loss of data), even if foreseeable.

Seller’s total liability for any claim arising out of or relating to a Company Document will not exceed the amounts paid to Seller for the specific Goods and Seller Services giving rise to the claim.

17) Indemnification

Customer will indemnify and hold Seller harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from Customer’s misuse of the Goods; failure to follow instructions; interference with performance; unsafe site conditions caused or controlled by Customer; or third-party work/modifications outside Seller’s control.

18) Compliance; Force Majeure

Customer must comply with applicable laws, ordinances, and HOA rules and obtain permissions needed for access, placement, and operation of the Goods.

Seller is not responsible for failures or delays caused by events beyond Seller’s reasonable control, including weather, acts of God, supply chain disruptions, labor disputes, utility or inspection delays, or governmental actions.

19) Assignment

Customer may not assign rights or delegate obligations under any Company Document without Seller’s written consent.

Seller may use qualified subcontractors for Seller Services and may coordinate with Installing Contractors as needed.

20) Governing Law; Venue; Notices

Georgia law governs these Terms and all Company Documents. Venue lies in the Georgia county where the Goods were delivered and/or Seller Services were performed, or in another Georgia county reasonably designated by Seller.

Notices may be delivered by email and/or mail to the addresses on the most recent Company Document or as otherwise provided by the parties in writing.

21) Home Solicitation / 3-Day Cancellation (If Applicable)

If required by applicable law for a transaction executed at Customer’s residence or other qualifying location, Customer may have a right to cancel within the statutory cooling-off period (for example, three business days) from the date of signing. Where required, Seller will provide any legally required notice and/or cancellation forms.

Any statutory cancellation right is in addition to, and not a replacement for, Customer’s obligations to pay for Goods and services already provided or costs incurred where the law permits recovery of such costs.

22) Privacy & SMS

Seller does not sell Customer mobile information or personal data to third parties for marketing. Customer contact information is used for service-related communications, scheduling, monitoring notifications, and billing. Message and data rates may apply.

Customer may reply STOP to opt out of non-essential SMS communications.

23) Severability; Survival

If any provision is unenforceable, the remainder remains in effect to the fullest extent permitted by law.

Provisions regarding payment, deposits, pass-through funds, cancellations, liens, security interests, indemnification, warranty disclaimers, limitation of liability, and dispute resolution survive termination, cancellation, or completion of the project.