Terms and Conditions

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You accept these Terms and Conditions of sale by placing an order for products or services from this Site.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES 

In the event that a dispute arises between the parties to this contract, it is hereby agreed that disputes must be resolved using arbitration on an individual basis, as required by these Terms and Conditions. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Colorado or another location mutually agreeable to the parties. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon. 

1. TERMS AND CONDITIONS OF FOR THE SALE OF PRODUCTS OR SERVICES  

(a) The following terms and conditions of sale (these “Terms”) apply to the purchase and sale of products (the “Order”) through https://www.terra-tech-co.com (the “Site”, "the Website"). “Client”, “the Customer”, “You” and “Your” refers to you, the person currently visiting/logged onto this Website and compliant to the Company's terms and conditions. “Terra-Tech”, “the Company”, “the Seller”, “Ourselves”, “We”, and “Our” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. These Terms are subject to change without prior written notice at any time, at our discretion. The latest version of these Terms will always be posted on this Site, and you should review these Terms before placing your Order on this Site. Any Order to purchase products or receive services shall constitute Buyer’s acceptance of and agreement to these Terms and Conditions

(b) Continued use of this Site after a posted change in these Terms will constitute your compliance with such changes.

(c) You should also review our Privacy Policy and Warranty pages prior to placing an Order through our Site.

(d) You may not order or purchase products from this Site if you 

i. Do not agree to these Terms.

ii. Are not the older of at least 18 years of age or of legal age to form a binding contract with Terra-Tech LLC.

iii. Are outside of the lower 48 states in the United States of America.

iv. Are prohibited or banned from accessing or using this Site or any of our Site’s contents or goods.

2. PLACING ORDERS AND CANCELLATION

(a) We will only accept Orders for shipping to addresses within the lower 48 states of the United States of America. 

(b) We are not obligated to sell products to you.

(c) Your Order is an offer to purchase all items and products listed in your Order, subject to these Terms.

(d) Orders will be accepted and processed subject to our discretion.

(e) Acceptance of your Order and the formation of the contract of sale between Terra-Tech and you will not take place unless and until you have received your Order confirmation email after you have placed your Order and your payment has been received. The Order confirmation email will provide you with your Order number, date of purchase and product details.

(f) You have the option to cancel your Order within 24 hours of receiving the Order confirmation email by emailing Terra-Tech customer service at terratech.co.usa@gmail.com. 

3. PRICING, PAYMENT AND CREDIT CARDS

(a) Pricing and availability shown on this Site are subject to change without notice.

(b) All additional taxes and charges, such as sales tax, will be added to your Order total and will be displayed and itemized in your shopping cart as well as on your Order confirmation. Please contact us for tax exemption instructions.

(c) Shipping and handling costs will be applied to your Order and will be itemized in your shopping cart and on your Order confirmation.

(d) You authorize Terra-Tech to charge your credit card for any amount that is due and agreed upon by Terra-Tech and the card owner.

(e) Payment must be received by us before our acceptance of the Order. If you choose to pay by credit card, you represent and warrant that:

i. The credit card information you provide to us is correct and complete.

ii. You are authorized to use the credit card for the purchase.

iii. Charges incurred by you will be honored by your credit card company.

iv. You agree to pay all charges incurred by you at the posted prices, including all applicable taxes and shipping costs.

4. DELIVERY AND SHIPPING; DAMAGED AND MISSING PRODUCTS

(a) Orders may take up to 3 business days for packing and processing prior to shipment. Orders are shipped Monday through Saturday during business hours. 

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. 

(c) We are not liable for shipping delays or errors once the Order is in the possession of the carrier.

(d) Orders will be shipped primarily through USPS. UPS may be chosen as a carrier for remote locations or large orders. Call toll-free; USPS at 1-800-275-8777 or UPS at (800) 742-5877 for issues with shipping delays or lost packages.

(e) Shipping and delivery dates are estimated and cannot be guaranteed.

(f) For Orders that are received with damaged or missing items, email us at terratech.co.usa@gmail.com immediately for service (9:00 am – 5:00 pm MST, M – F).

5. RETURNS AND REFUNDS

(a) To initiate a return, email us at terratech.co.usa@gmail.com (9:00 am – 5:00 pm MST, M – F). We will respond within 48 hours or two (2) business days.

(b) We will accept the return of products for a refund of your purchase price, less the original shipping and handling costs, provided the items in the return:

i. Are not open or used and in their original packaging.

ii. Are not listed on the Site as non-returnable.

iii. Were purchased within the last fourteen (14) business days.

(c) For products that were damaged email us at terratech.co.usa@gmail.com immediately for service (9:00 am – 5:00 pm MST, M – F).

(d) For products that are defective email us at terratech.co.usa@gmail.com immediately for service (9:00 am – 5:00 pm MST, M – F).

(e) Upon return approval send the returned-products postage PREPAID to:

Terra-Tech LLC 

1540 Main St. Ste 218 #317

Windsor, CO 80550

(f) You are responsible for all return shipping charges and restocking fees (if applicable).

(g) All returns are subject to a 10% restocking fee.

(h) You are responsible for the risk or loss during return shipment. No refunds or credits will be issued until the return was successfully delivered.

(i) Your refund will be credited to the same payment method used for the original purchase.

6. LIMITED WARRANTY

(a) This warranty gives you specific legal rights.

(b) Terra-Tech warrants to You, provided you have used and stored the products in accordance with their written instructions, for a period of two (2) years from the date of purchase, that any Products delivered pursuant to these Terms shall conform in all material respects to their written specifications. If you do not notify Terra-Tech of any non-conformance within (30) calendar days of your order, you shall be deemed to have accepted all such products subject to this warranty obligation.

(c) No verbal or written information, statement or advice provided by us, our distributors, agents, or employees will in any way alter or extend the duration of this warranty.

(d) You acknowledge and agree that you are not relying upon Terra-Tech’s skill or judgment to select products or goods suitable for any particular purpose or upon any affirmations of fact or promises of Terra-Tech which extend beyond the product specifications provided in the technical bulletins.

(e) This limited warranty extends only to the original purchaser of products from this Site, eBay, Amazon, and any of our other selling platforms. It does not extend to any subsequent or other owner or transferee of the products.

(f) We shall have no warranty obligation if the products become defective in whole or in part as the result of: 

i. The transportation of the products.

ii. Modifications to the products not made by us.

iii. Improper product use or storage.

iv. Your misapplication of the products or failure to follow the instructions provided in the written specifications.

v. Normal wear.

vi. Use of the product outside of the warranted shelf life.

(g) With respect to any defective products, we will, at our sole discretion, either: 

i. Replace the defective products free of charge; or

ii. Refund the original purchase price of the defective products. We shall pay any shipping and handling fees associated with the replacement if we choose to replace the defective products.

(h) The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty.

(i) Our liability will under no circumstances exceed the actual amount paid by you for the defective product that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement products, or any consequential, incidental, accidental, or intentional damages, whether direct or indirect including but not limited to property, equipment, & clothing.  

(j) Our liability will under no circumstances extend to cover damage to or diminution in the health of pet animals including birds, invertebrates, fish, amphibians, insects, arachnids, reptiles or mammals.

(k) To obtain warranty service, email us at terratech.co.usa@gmail.com. Please provide the name of the product, the size of container, when you purchased it, where you purchased it and the order number.

7. COMPLIANCE WITH LAW

You agree that your purchase and use of our products will comply with all applicable federal, state, and local laws and regulations, including but not limited to all copyright laws and laws and/or regulations governing the exportation of any products purchased from this site including the payment of any taxes and/or duties due thereon.

8. INTELLECTUAL PROPERTY

(a) You acknowledge and agree that Terra-Tech is, and will remain, the sole and exclusive owners of all intellectual property rights to each product and service made available on this Site and any related articles, instructions, documentation or other materials made available on this site, including, but not limited to, all related copyrights, trademarks and/or patents.

(b) You agree not to duplicate, copy, reverse engineer, repackage, redistribute, rebrand or modify any products sold by Terra-Tech or products branded with the Terra-Tech name, logo, artwork or packaging. 

9. INDEMNITY 

You hereby agree to protect, defend, indemnify and hold harmless Terra-Tech, including all parent companies, affiliates, distributors, subsidiaries, associates, directors, officers, employees, agents, successors and assigns, from and against and from any and all losses or damages (including without limitation attorneys’ fees), claims, allegations, lawsuits, actions, proceedings or investigations, which are made or brought against Terra-Tech (or other person indemnified hereunder) by any person, government, or entity arising out of or in any way related to (a) any purported death or injury to any person or animal or purported damage to any property that resulted or is alleged to have resulted from the negligence or willful misconduct of you, your employees, subcontractors, and agents, in the performance of your obligations hereunder, or from your use of the products sold hereunder; (b) in connection with any drawings, schematics, promotional or advertising matter, guarantees, warranties, labels, or instructions furnished by you or submitted to Terra-Tech by you; (c) out of any infringement of any patent, design, trade name, trademark, copyright, trade secret, or any other intellectual property right or entitlement of any third party due to your use of the products sold hereunder; or (d) out of any environmental, property or toxic tort claim, lawsuit, judgment, loss, civil penalty or action resulting from your use of the products sold hereunder.

10.  DISPUTE RESOLUTION AND BINDING ARBITRATION

(a) You and Terra-Tech agree to waive any rights to litigate claims in a court or before a jury or participate in a class action or representative action with respect to a claim. Other rights may also be limited by arbitration. 

(b) Any claim, dispute or controversy (whether related to contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between You and Terra-Tech arising from or relating to your purchase of products or services through this Site, or any of our other online selling platforms, will be resolved exclusively and finally by arbitration.

(c) Both You and Terra-Tech agree to submit to arbitration administered by the American Arbitration Association (“AAA”) in accordance with the applicable consumer or commercial arbitration rules (the “AAA Rules”) then in effect, except as modified by this Section 10. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.‌

(e) You agree to arbitration on an individual basis. In any dispute, claim or controversy, neither You nor Terra-Tech will be allowed to join or consolidate claims by or against other customers in court or in arbitration, or otherwise participate in any claim as a class representative, member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding.

(f) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

11. PRIVACY

We respect your privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through our Site. Terra-Tech shall comply with all data privacy Laws, including but not limited to all Laws concerning data protection and data security applicable to the Customer.

12. FORCE MAJUERE

(a) Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.

(b) For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to fulfil its obligations hereunder.

(c) The Parties hereby acknowledge that while current events related to the Covid-19 pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that they prevent the performance of a Party's obligations under this Agreement.

13.  GOVERNING LAW AND JURISDICTION

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.

14. ASSIGNMENT 

(a) You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. NO WAIVERS

No waiver of any provision of this Agreement will be valid unless in writing and signed by the person against whom such waiver is sought to be enforced, nor will failure to enforce any right hereunder constitute a continuing waiver of the same or a waiver of any other right hereunder. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Terra-Tech.

16. THIRD-PARTY CLAIMS

You covenant and agree to not make any claim or take proceedings against any other person or corporation who might claim contribution or indemnity from the Company under the provisions of any statute or otherwise in respect of the matters herby released. No Third-Party Claims.

17. NOTICES

(a) Any notice required or permitted to be given under this Agreement shall be in writing, shall specifically refer to this Agreement, and shall be either:

i. Sent to the appropriate Party at the email address provided.

ii. Posted to the Site

(b) It is your responsibility to keep your email address current.

18. SEVERABILITY 

Any provision of these Terms that is prohibited, invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

19. ENTIRE AGREEMENT

(a) These Terms constitute the final entire agreement of the parties regarding the subject matter hereof, and supersedes all previous written or oral representations, agreements and understandings between the parties, whether expressed or implied, in respect to your purchase of products from this Site.