Terms and Conditions for the Sale of Remote Energy Monitor Hardware Units

1. Sale of Hardware

PineSpire, LLC DBA Anvil Monitor. ("Anvil") agrees to sell, and you ("Customer") agrees to purchase, the Remote Energy Monitor hardware units specified in the Quote ("Quote").
The execution of a Quote by the Customer and countersignature by Anvil constitutes the Customer's agreement to these terms and conditions.

2. Payment; Purchase Price and Associated Charges

The Customer shall pay the total purchase price for the hardware, plus any shipping and handling fees, on the date or in accordance with the schedule specified in the Quote.
The Customer shall be responsible for all taxes applicable to this purchase, including but not limited to sales tax, VAT, import taxes, and customs duties.
Full payment of the invoice shall be made within thirty (30) days of receipt. Any amounts not paid within this period shall accrue interest at a rate of one and one-half percent (1.5%) per month or maximum allowed by applicable law.
The purchase price does not include data or software service costs associated with the hardware. All data or software is provided as a service and will be annually as specified in the Quote.

3. Order Fulfillment and Timing

Upon receipt and written acceptance of the Customer's Quote, Anvil shall provide a written acknowledgment and an estimated delivery date.
Anvil shall not be liable for any delays in delivery. Any delay in payment by the Customer may result in a delay in the estimated delivery date.

4. Delivery

The hardware will be delivered to the location specified in the Invoice (hereinafter referred to as the "Delivery Point") using Anvil’s standard methods for packaging and shipping.
The Customer shall be responsible for all freight handling, delivery, and insurance charges.
Anvil may, at its sole discretion, make partial shipments of hardware. Each shipment will constitute a separate sale, and the Customer shall pay for the units shipped.

5. Title and Risk of Loss

Title to the hardware shall pass to the Customer upon the later of (i) the time risk of loss transfers to the Customer as provided by the applicable delivery terms and (ii) full payment has been made to Anvil.
As collateral security for the payment of the purchase price, the Customer grants Anvil a lien on and security interest in the hardware.

6. Inspection and Rejection of Defective Goods

The Customer shall inspect the hardware upon delivery and maintain all original packaging.
The Customer must notify Anvil of any defects within thirty (30) days of delivery. Failure to do so will result in the Customer bearing the costs of repairs (outside of warranty items).
If defects are found during the warranty period, the Customer must contact Anvil Customer Support for return instructions.

7. Installation

The Customer is responsible for the installation and operation of the hardware unless otherwise specified in the Quote.
If installation services are required, they will be detailed in the Quote.
When Anvil is responsible for completing the installation, the following terms apply:

Anvil shall provide all necessary personnel, tools, and equipment to complete the installation.
The Customer shall ensure that the installation site is prepared and accessible for Anvil's personnel.
Anvil shall comply with all applicable safety and regulatory requirements during the installation process.
Any delays caused by the Customer's failure to prepare the site or provide access may result in additional charges.
Anvil shall provide the Customer with a detailed installation schedule and keep the Customer informed of any changes.
Upon completion of the installation, Anvil shall conduct a final inspection and provide the Customer with a report confirming that the hardware is installed and functioning correctly.

8. Limited Warranty

Anvil warrants the hardware to be free from defects in workmanship and materials under normal use for 12 months from the date of shipment.
Third-party hardware is covered by their respective warranties.
The warranty does not cover installation costs or software.
Anvil may replace discontinued or obsolete hardware with a product of similar features.
Customer is required to notify Anvil within 12 months of shipment date of all warranty claims and Anvil shall have the right in its sole discretion to determine if such claim is due to a defect in workmanship or materials. In the event that Anvil agrees with Customers warranty claim, then Anvil shall have the right to either; (a) repair or replace the defective parts, or (b) provide a credit for the amount paid by the Customer, or (c) refund the Customer for the amount paid.

9. Refund Policy and Product Return

The Customer may request a refund within thirty (30) days of delivery. The Customer is responsible for shipping and insurance costs for returns.

10. Limitation of Liability

Anvil shall not be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value.
Anvil’s aggregate liability shall not exceed the total amount paid by the Customer for the hardware.

11. Not for Resale

The hardware is purchased for the Customer's use and may not be resold, leased, loaned, or gifted without Anvil’s prior written consent.

12. Intellectual Property Ownership

Anvil retains all intellectual property rights related to the hardware.
The Customer is granted a non-exclusive, non-transferable license to use the firmware strictly for the hardware.

13. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Anvil against any third-party claims arising out of or related to the hardware or the Customer's use of it.

14. Force Majeure

Anvil shall not be liable for delays or failures caused by events beyond its control, including but not limited to natural disasters, embargoes, explosions, riots, wars, acts of terrorism, epidemics, pandemics, strikes, labor stoppages, or shortages of power or transportation.

16. Data Usage

The Customer grants Anvil the right to collect, use, and analyze data related to the Customer's energy usage obtained through the hardware.
Anvil may use this data to improve its products and services, conduct research, and for other business purposes.
Anvil will ensure that any data used for these purposes is anonymized and aggregated to protect the Customer's privacy.
The Customer may request access to their data and may opt-out of data collection by contacting Anvil Customer Support.

17. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

18. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA.

19. Remedies

All rights and remedies provided in these terms are cumulative and not exclusive.

20. Assignment

The Customer shall not assign, transfer, delegate, or subcontract any of its rights or obligations without Anvil’s prior written consent. Anvil may assign, transfer, delegate, or subcontract its rights or obligations without consent.

21. Notices

22. Entire Agreement

These terms constitute the entire agreement between the parties regarding the hardware and supersede all prior agreements and understandings.