Effective 11/24/2025

 

1. Acceptance of Orders

All orders are subject to acceptance by PowerPusher®. No contract shall exist until PowerPusher issues a written order acknowledgment or ships the product, whichever occurs first.  Any terms and conditions proposed by the Buyer that are inconsistent with or additional to these terms are hereby rejected unless expressly agreed to in writing by an authorized PowerPusher representative.

2. Pricing and Payment Terms

  • Prices are quoted in U.S. dollars and are subject to change without notice prior to acceptance of an order.
  • Payment terms are Net 30 days from the invoice date on approved credit unless otherwise specified.
  • A 1.5 % per month (18 % annual or the maximum rate permitted by law if less) service charge will apply to all overdue balances. Buyer agrees to pay all reasonable costs of collection, including attorneys’ fees, court costs, and collection agency fees.
  • PowerPusher may suspend shipments or services if Buyer is past due on any invoice.
  • PowerPusher reserves the right to require prepayment or deposit prior to shipment for new accounts, international orders, or special/custom products.
  • Payment may be made by company check, ACH, wire transfer, Visa, MasterCard, or American Express. Credit-card payments may be subject to a processing fee.
  • Title to products passes to the Buyer upon full payment.

3. Taxes

Prices do not include sales, use, excise, or other taxes. The Buyer is responsible for any applicable taxes unless a valid tax-exempt certificate is provided at the time of order.  Buyer shall indemnify PowerPusher for any taxes, penalties, or interest assessed due to Buyer’s failure to provide valid exemption documentation.

4. Shipment, Delivery, and Risk of Loss

  • Shipments are F.O.B. Shakopee, Minnesota, USA, unless otherwise stated in writing.
  • Risk of loss transfers to Buyer upon delivery to the carrier.
  • Shipping and handling charges are added to all invoices unless prepaid by Buyer.
  • Shipping price on the quote is only an estimate.  Actual costs may vary depending on additional surcharges at the time of shipment.
  • Deliveries to customer site without a loading dock will incur additional charges including but not limited to: Lift Gate, Limited Access, Delivery
  • Failure to be present for scheduled deliveries will also result in an additional charge.
  • PowerPusher shall not be liable for delays caused by circumstances beyond its reasonable control, including but not limited to acts of God, supply-chain disruptions, or carrier delays.
  • Typical lead time varies by model. For standard equipment; longer for custom orders.

5. Order Changes and Cancellations

Orders may not be changed or canceled without written approval from PowerPusher. Buyer will be responsible for any costs incurred prior to cancellation, including materials, labor, and administrative expenses. Cancellation charges shall be immediately due and payable. Custom orders are non-cancelable once production has begun.

6. Returns and Refunds

  • All returns require prior authorization and an RMA (Return Material Authorization) number issued by PowerPusher.
  • Returns must be shipped freight prepaid and received in new, unused condition.  Returns must be requested within 14 days of delivery and received within 30 days of invoice date.
  • A 25 % restocking fee applies to all authorized returns.
  • Custom-built units or attachments are non-returnable and non-refundable.
  • Machines financed through a 3rd party are non-returnable and non-refundable.
  • No returns will be accepted after 30 days from the invoice date.
  • Unauthorized returns will be refused.

7. Warranty

PowerPusher warrants its products to be free from defects in materials and workmanship for a period of 12 months from the date of shipment.
This warranty does not cover:

  • Normal wear and tear, misuse, abuse, or accident
  • Unauthorized repair or modification
  • Damage in transit or improper installation
  • Use of non-PowerPusher parts or accessories

PowerPusher’s sole obligation under this warranty is, at its option, to repair or replace defective parts. Warranty service must be performed by PowerPusher or an authorized service provider.

This warranty is exclusive and in lieu of all other warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose. Warranty claims must be made within the warranty period.

 

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

 

8. Limitation of Liability

In no event shall PowerPusher be liable for any incidental, indirect, or consequential damages, including but not limited to loss of profits, downtime, or business interruption, even if advised of the possibility of such damages. PowerPusher’s total liability shall not exceed the purchase price of the product giving rise to the claim.

9. Export and Compliance

Buyer agrees to comply with all applicable export laws and regulations. Products may not be exported or resold in violation of U.S. export-control laws.

10. Governing Law

These Terms and Conditions shall be governed by and construed under the laws of the State of Minnesota, without regard to its conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Scott County, Minnesota, and Buyer consents to such jurisdiction.

11. Entire Agreement

These Terms and Conditions, together with any quotation or sales acknowledgment, constitute the entire agreement between PowerPusher and Buyer and supersede any prior written or oral communications. No agent or employee of PowerPusher has authority to modify these terms except in writing signed by an authorized officer.

12. Purchase Order Requirements

To ensure accurate processing, all purchase orders must include the following information:

  1. Buyer’s legal company name, billing, and shipping address
  2. Authorized contact name, phone number, and email
  3. Itemized list of products or parts, including model numbers, quantities, and pricing as quoted
  4. Purchase order number (unique reference)
  5. Requested delivery date or lead-time acknowledgment
  6. Applicable sales-tax exemption certificate (if applicable)
  7. Signature or electronic authorization from an authorized company representative

Purchase orders should be submitted via email to orders@powerpusher.com or mailed to PowerPusher’s corporate office listed above. Orders not containing complete information may be delayed.

13. Indemnification

Buyer shall defend, indemnify, and hold harmless PowerPusher, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) Buyer’s use, misuse, or resale of the products, (ii) Buyer’s failure to comply with applicable laws or regulations, including export-control laws, (iii) any modification of the products not authorized by PowerPusher, or (iv) Buyer’s breach of these Terms and Conditions.

14. Waiver

The failure of PowerPusher at any time to enforce any provision of these Terms and Conditions shall not be deemed a waiver of that provision or of the right to enforce it at any later time. Any waiver must be in writing and signed by an authorized representative of PowerPusher.

15. Force Majeure

PowerPusher shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to acts of God, labor disputes, material shortages, supply-chain disruptions, transportation delays, governmental actions, war, terrorism, epidemics, or natural disasters. In such event, PowerPusher’s performance shall be excused for the duration of the event, and delivery dates shall be extended accordingly. Buyer shall not be entitled to cancel an order due to such delay.

 

CONTACT US

If you have questions or comments about these Terms and Conditions, please contact us at:

PowerPusher Division of TC Nu-Star Inc.
1425 Stagecoach Road, Shakopee, MN 55379
(952) 445-8295
info@powerpusher.com