Terms and Conditions
CLIPPERCREEK, INC Trade-UP! Program
By participating in the Trade-UP! program (the “Program”), you agree to these terms and conditions (collectively, “Program Terms”). Please note that your participation in the Program is also governed by the Conditions of Use Agreement and those matters stated in the Help pages, all of which (as changed over time) are incorporated into these Program Terms. Please read these Program Terms carefully.
- Eligible Trade-ups. To participate in the Program, you must currently own one of the following ClipperCreek, Inc (“CCI”) electric vehicle charging stations referred to herein as an “EVSE:”
- New Purchase Required. Upon purchase of one of the following CCI EVSE’s, you are eligible to trade in your old EVSE, provided it is a model type listed in Section 1 above and in good working order, meeting the Conditions of Use.
- Maximum Refund. Each Trade-UP! order is limited to a maximum value of $250.00. If you want to trade in items with a value greater than $250.00, you must make multiple eligible orders.
4. Shipping. Upon receipt of your new EVSE, package the EVSE you are trading-up in all of the same packaging material your new EVSE arrived in. An EVSE submitted through the Program must be shipped only from the United States, and you must have a physical address located in the United States. The packaging of your new EVSE is designed to fit your old EVSE. The EVSE you are trading-up must be shipped in the same packaging that your new EVSE arrived in. Products shipped from outside the United States may not be accepted or returned.
Payment and Terms
- Trade-UPs arriving in good working order, and accepted by CCI will be purchased from you as follows:
- Paid by Check (mailed) or account credit within 30 days of receipt
You will be paid for the items issued for the value of your Trade-UP! subject to the payment terms below. You will not be entitled to any other payment for items you submit for trade-up using the Program. You will not receive any payment for items that are not received in good working order. This offer may not be combined with other offers.
- We reserve the right to cancel any eligible Trade-UP! or the Program at our sole discretion, at any time without notice to you. If we cancel a particular Trade-UP! or the Program after you have ordered and paid for your new EVSE, your Trade-UP! will be honored. You may cancel a Trade-UP! submission at any time until we have received the items by calling ClipperCreek at (877) 694-4194. You will not receive any payment for a canceled Trade-UP. Our failure to insist upon or enforce your strict compliance with these Program Terms will not constitute a waiver of any of our rights.
Condition of Use
- Condition of Trade-UP! Unit. Items you submit for Trade-UP! using the Program are subject to acceptance by us, and may be refurbished and resold as such. Items will be accepted or rejected within 10 business days from receipt of the trade-up item. The Trade-UP! unit must meet the following criteria:
- Be one of the ClipperCreek products listed in the eligible products section above
- Be returned in functional/working condition
- Rejected Items. Items failing to meet the Condition of Use criteria may be rejected (“Rejected Items”). You will be informed of reasons for rejection by email. You will not receive any payment for Rejected Items and such items will be returned to you at your request, subject to the following exceptions:
- We will not return the following Rejected Items to you that are Undeliverable or Counterfeit. “Counterfeit” items are items that are not manufactured by CCI. “Undeliverable” items are Rejected Items that we attempted to return to you, but were returned by the carrier back to us as undeliverable.
- We may, in our sole discretion, dispose of or return to you the following Rejected Items: Extra, Damaged, or Incomplete items. “Extra” items are Rejected Items received by us but not on the Trade-UP! list. “Damaged” items are Rejected Items that match the eligible version but are not in an acceptable condition. “Incomplete” items are Rejected Items that are missing any required components or specified accessories that were included with the original item.
- We may not return items to you if the number of Trade-UP! units received from you is greater than allowed under the Program.
- Changes in Terms. We may in our discretion change these Program Terms, Conditions of Use, or any aspect of the Program, at any time without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued participation in the Program after the effective date of any revisions constitutes your acceptance of the terms.
- Representation. You represent and warrant that you have the legal right to sell the Trade-UP! unit, that the unit is not counterfeit or stolen, and that your submission of the unit complies fully with the Program Terms. We may use a stolen goods database to determine if submitted items were ever reported stolen.
- Risk of Loss. CCI does not take title to or assume risk of loss for items submitted for the Program unless we receive and accept such items.
- Disputes. Any dispute or claim arising from or relating to the Program is subject to the governing law of the state of California. By participating in the Program, you agree to bring any action in Placer County Superior Court and agree to submit to its venue and jurisdiction without a right to claim forum non conveniens. You agree to be bound by these terms by participating in the Program.
- Limited Liability. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS IN THE CCI GENERAL TERMS AND CONDITION ON OUR WEBSITE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TRADE-UP VALUE OF YOUR SUBMISSIONS. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF ANY TRADE-UP SUBMISSION.