Interra Energy, Inc.
Terms & Conditions
Message From Interra:
Like many other start-up companies, the economic downturn presented a major challenge to Interra Energy to come up with the money we need to build our Interra Energy Forge. No joke, we truly believe that our technology will prove to be one of the most important technologies of the 21st Century. Our conviction is so strong that each of our founding team members have made great personal sacrifice to ensure we can put ourselves into the best position to bring our technology into the world.
At Interra, our goal is simple, to create a process that will revolutionize the energy and agricultural industries while protecting the earth from Climate Change. In order to achieve these lofty goals, we must start at ground one – a revolutionary technology. To these ends Interra has created “Carbon Resets”(TM) in order for people to support Biochar research and technology development. Carbon Resets account for the emission reduction potential of the Interra Forge Technology and Biochar as a sequestration device. We hope to be as transparent as possible in our presentation, calculations, and accounting; while hosting an open debate on the future of Biochar. We appreciate your support.
To a better world,
Thomas R. Del Monte
President (Interra Energy, Inc.)
We prefer to keep things simple, and have structured our T&C in such a way as to be accessible for everyone with detailed information under each heading.
The basic overview:
As a Carbon Resetter you are supporting Interra’s efforts to develop a unique biochar venture and the work of www.biocharprotocol.org to establish an offset protocol for biochar projects . Still, we need to make sure you understand what you get and do not get with our Carbon Resets.
What you do get: recognition as a carbon resetter, certification of purchase (e-certificate), a promise that if, and only if, we create a certified emission reduction we will retire emission reduction credits in your name based on the amount purchased , the potential future satisfaction of having your carbon footprint mitigated, and the positive feeling that you have supported a start-up striving to save the world. We will not double count the green benefit you purchase.
What you do not get: any type of security nor investment, any marketable product, any tax-deductible donation, or anything of marketable value now or in the future. Your purchase is merely you supporting a way of doing business that you believe in, with the intrinsic benefits that flow from that. Interra Carbon Resets represent a promise to retire emission reductions in the future, if and only if the Interra Energy Forge comes online.
We are working with Carbon Consulting LLC (www.carbonconsulting.us) to calculate the avoided emissions associated with our project and with the support of www.BiocharProtocol.org we have prepared a transparent and rigorous methodology to account for the Carbon Resets we produce. To be even more conservative with our already conservative emission calculations, we commit that we will not sell more than 50% of our total projected project emission reductions prior to gaining approval of a certified protocol.
The rest of it:
“BER” means Biochar Emission Reduction (basically the benefit of using our technology).
“Company” means Interra Energy, Inc.
“Customer” means the person(s) or company whose order for the goods is accepted by the Company.
“Goods” means any goods or services which the Company is to supply to the Customer, including but not limited to Biochar Emission Reduction Credits, biochar offsets, and biochar soil ammendments.
“Project” means the Interra Energy Forge.
All orders are accepted by the Company subject to and in accordance with the following Conditions of Sale which override and exclude any other terms stipulated or incorporated or referred to by the Customer during any negotiations or in any course of dealing between the Company and the Customer.
LEGAL CONSTRUCTION/ FORCE MAJEURE
All legal issues related to this agreement will be decided by a court in California based on California laws.
The Company shall not be liable if anything crazy happens (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of Goods or labor) and the delivery of our Goods or Project are delayed. The Company may, at its option, delay the performance of, or cancel the whole or any part of this Contract.
Once the Project is completed, our Emission Reductions will be verified by the appropriate organization (VCS, CAR, CDM, etc.). Until then the Emission Reductions are provided by calculations provided by John Gaunt of BiocharProtocol.org.
The Project’s Emissions Reductions will be third party verified following the Project’s first year of operations, which will give us the opportunity to correct any operational issues that may occur. It will be verified again periodically over the Crediting Period and following the end of the Crediting Period, to confirm the production of the Sales Quantity and the extent of the production of the Buffer Quantity.
PROJECT CONSTRUCTION DISCLAIMER
The Project is expected to achieve commercial operations by December 31, 2011. Part of actually helping build new renewable energy projects is committing to them in their early stages of development, when some uncertainties remain. So if the conditions for the Project to achieve VERs are not met, or if the Project is not built, your purchase price will help build an alternate project within nine months following July 31, 2012. We have relationships with a number of developers who have suitable projects in the early stages of development and that could really use support.
BUFFER: PORTFOLIO GUARANTEE
The Company’s policy is to sell only a portion of each project’s expected long-term output (the “Sales Quantity”) and to reserve the remainder (the “Buffer Quantity”) in a dedicated buffer account as a “buffer” to protect you against the risk that the Project underperforms during the period of time it is expected to deliver the BERs you purchased (the “Delivery Term”). If the Project produces more than the Sales Quantity during the Delivery Term, we will retire the excess BERs on your behalf, and your purchase will result in more VERs than you paid for. If the Project produces less than the Sales Quantity during the Delivery Term, we will retire BERs from the buffer account, first from the Buffer Quantity from the Project, until the Sales Quantity of VERs have been retired on behalf of the Project supporters. The Company expects to finalize our determinations of the Sales Quantity, Buffer Quantity and Delivery Term for the Project by February 1, 2011.
OUR EMISSIONS REDUCTION ESTIMATES ARE ESTIMATES ONLY
While being calculated by trusted sources, with the ONLY Biochar related emission reduction protocol in the world, the Emission Reductions of the Project are only estimates.
All of the Company’s estimates regarding the quantity of emissions reductions represented by your Emission Reductions are subject to changes in law. In no event shall either party be liable to the other party for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall the Company be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which, by the exercise of due diligence, it could not have reasonably prevented or overcome. All damages shall be limited to actual damages only.
RETURNS AND REPLACEMENTS
All goods (unless specifically stated otherwise), come with a warranty against manufacturer defect or failure for a period of one year from the date of purchase. Warranty does not include any use of the product that does not fall into the designed use of the product as intended by the manufacturer. This warranty is non-transferable. Customer will have the option to get a replacement, if applicable, or to receive a refund of their purchase price per the terms stated below.
We offer an anytime Money Back Guarantee on every reset/offset product we offer. Please email email@example.com, in advance to obtain a RPA number (Return Purchase Authorization). Please include the following in your email: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions.
Once you have a RMA number:
Go to: interraenergy.us/refund and follow the on screen prompts.
Please have available: email address, Order #, RPA #, and your reason for requesting a refund.
By ordering Carbon Offsets, the Customer agrees that the Offsets you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed. For tracking and verification purposes, please do not re-sell the Emission Reductions purchased. Accountability and transparency are key to a functioning marketplace, so do your best to respect what we are trying to accomplish.
For Biochar Soil Amendments:
In addition to the one-year warranty, we offer an anytime Money Back Guarantee on every Biochar Soil Amendment product sold through our online store, minus shipping and handling, and provided that the product is returned in its original packaging. Please email firstname.lastname@example.org, in advance to obtain a RPA number (Return Purchase Authorization). Please include the following in your email: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions.
Return merchandise with RMA number to:
Interra Energy, Inc.
(print RMA number Here)
6456 Osler St.
San Diego, CA 92111-5412
NOTE: Refunds sent with no RMA number, or mailed to any other address will be returned to sender.
Shipping Costs: Customer assumes all costs in shipping to us, and we assume the cost in shipping back to the customer. All replacement/repaired goods are shipped UPS Ground unless a rush is requested. The cost of such a shipping upgrade is to be paid by the customer prior to shipment.
Basically do not sue us for things that are out of the Companies control. Really try not to sue us at all, we are just trying to make the world a better, cleaner and healthier place.
Customer will indemnify and hold harmless the Company, and their respective parents, affiliates, successors and assigns, and all of their respective officers, directors, employees, agents and contractors (each a “Selling Party” and collectively the “Selling Parties”) from and against any claim, loss, demand, cause of action, debt or liability arising out of any personal injury (including death) or property damage in connection with your willful misconduct or negligence with respect to the Carbon Offsets purchased and sold to you under this Agreement.
Further, to the maximum extent permitted by applicable law, Customer will defend, indemnify and hold the Company and its officers and employees harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: ( a) any violation of these Terms and Conditions by you, (b) your use of the Site and the Content or the placement or transmission of any information or other materials on this Site by you, and (c) any claim made by a third party arising from any use made by you of emissions calculations provided by the Company or other resources of the Site.
LIMITATION OF LIABILITY
Basically we are not liable for weird things arising out of the contract. But even if you think we are liable, the maximum amount we can be sued for is your purchase price.
Unless otherwise specifically provided in this agreement or by law, (A) no selling party will be liable to Customer or any third party for any consequential, special, indirect, incidental or punitive damages arising out of the offsets or this agreement, whether the alleged liability is based in contract, tort, or any other legal or equitable theory, even if such selling party has been advised of the possibility of such damages; and (B) the maximum liability of any and all selling parties to the Customer or any third party under this agreement and/or otherwise in connection with the offset will be the purchase price.
We will do our best to meet all of the dates we specify, but sometime there might be delays. We apologize in advance for these, and will do our best to make it up to you.
All performance dates for the Services estimated by the Company, are approximate only and the Company shall not be liable for any delay in performance howsoever caused. Time for performance of the Services shall not be of the essence.
PAYMENT TERMS, FEES AND CANCELLATION
It is our policy not to issue Re-sets until the fees have been paid. In the event the payment does not go through, we will cancel the sale.
The actual fees payable for these services be settled before any Services will commence. All sums referred to in this Agreement shall be payable in full. All payments hereunder shall be paid in the currency stated on the invoice. In the event that the customer does not make payment in full, the Company reserves the right to cancel the agreement and offer the offsets another customer.
Basically, a lot of stuff can happen between now and Project realization, our goal is and will always be to have a working Project by 2012 but nothing in life is guaranteed, except you know…
The Company makes no warranty that: (A) the Goods or other material will meet your requirements; (B) the Goods will be available on an uninterrupted, timely, secure or error-free basis; (C) the materials offered through the site will be accurate or reliable; or (D) the quality of any product, service, information or other material purchased or obtained by Customer through the site or in reliance on the materials will meet your expectations.
Obtaining any Goods through the use of the site is done at Customer’s discretion and at Customer’s own risk. The Company shall have no responsibility for any damage to Customer, or Customer’s computer system that results from the download of any content, material, information, or software.
OTHER LEGAL PROVISIONS
Use the carbon footprint calculator carefully, if was developed by really smart people but wont always be 100% accurate. We appreciate your effort to reduce your carbon footprint and hope you realize that any effort to do so is good, no matter if the calculations are 100% accurate.
No undertaking, representation or warranty made by the Company with respect to the Goods and the results of the calculation of the Customers carbon footprint except as may be expressly included in this agreement. Customer agrees that: (A) the actual amount of carbon emission, if any, that have been offset by the carbon offset technologies underlying the carbon offset may be different than the carbon emission offset estimated in good faith by the Company and assigned to the Customers carbon offsets; and (B) the results of the calculation of the Customers carbon footprint is only a good faith estimate and the actual carbon footprint may be different from the result of such calculation. The Company does not make to the Customer any representation or warranties, express or implied, either in fact or by operation of law, statutory or otherwise including without limitation, warranties of merchantability or fitness for a particular purpose.