Crest Alert Product Sale Terms and Conditions
Effective Date: 1 December 2025
These Product Sale Terms and Conditions govern quotes, invoices, orders, and sales of Crest Alert products by Crest Alert, LLC. By submitting an order request, paying an invoice, or purchasing a Crest Alert product, you agree to these Terms and Conditions.
1. Company Information
Crest Alert, LLC is based in Bellemont, Arizona.
2. Products and Product Purpose
Crest Alert designs and sells flood warning alarms and related warning equipment. Product descriptions, specifications, pricing, availability, and configurations may change at any time without notice.
Crest Alert products are intended to provide a local warning when water reaches the installed sensor location. Crest Alert products are not forecasting systems and do not guarantee prevention of injury, death, property damage, evacuation success, loss avoidance, or successful evacuation.
No warning system is infallible. Crest Alert products may fail to perform as intended or may be affected by factors including, but not limited to, improper installation, battery failure, loss of charging input, depleted batteries, damaged wiring, damaged sensors, sensor obstruction, environmental conditions, severe weather, flood damage, lack of maintenance, or user response. The customer remains responsible for site safety, emergency planning, and evacuation decisions.
3. Orders and Acceptance
Submitting an inquiry, request for information, or order form does not create a binding order.
Orders are not final until Crest Alert issues an invoice and that invoice is paid, unless Crest Alert agrees otherwise in writing. Payment of an invoice constitutes acceptance of Crest Alert’s current Product Sale Terms and Conditions.
Crest Alert reserves the right to refuse, delay, cancel, or limit any order for any reason, including product availability, pricing errors, suspected fraud, suspected misuse, a reasonably suspected competitor purchase, export or compliance concerns, or other business considerations.
4. Pricing
Prices shown by Crest Alert are subject to change without notice until an invoice is issued.
Unless otherwise stated in writing, prices do not include batteries, installation, poles, conduit, wire, concrete, mounting hardware, shipping, taxes, permit costs, or any site-specific labor or materials.
5. Payment Terms
Payment is due prior to shipment unless other terms have been approved in writing by Crest Alert.
Government and qualified institutional buyers may request Net 30 terms, subject to Crest Alert’s written approval. For purposes of these Terms and Conditions, “qualified institutional buyers” means schools, nonprofit organizations, or other institutions that Crest Alert approves in writing for credit terms.
Commercial customers are prepaid unless credit terms have been approved in writing.
6. Shipping, Delivery, and Risk of Loss
Shipping dates are estimates only and are not guaranteed.
Crest Alert is not liable for delays caused by carriers, weather, supply chain interruptions, force majeure events, acts of war, or other events outside its reasonable control.
Risk of loss and responsibility for the product pass to the customer upon delivery to the shipping carrier, unless otherwise required by law.
The customer is responsible for providing a correct shipping address and for inspecting the shipment promptly upon arrival. Any visible shipping damage, concealed shipping damage, or shortages must be reported to Crest Alert within 48 hours of delivery, or as soon as reasonably practicable under the circumstances.
7. Installation Responsibility
Crest Alert does not provide installation unless specifically agreed to in writing.
The customer is solely responsible for proper installation, sensor placement, wiring, battery selection, conduit, pole selection, mounting, maintenance, and compliance with local codes, regulations, and site requirements.
Improper installation may affect system performance and may void warranty coverage for resulting damage or failures.
8. Use of Product
Crest Alert products are warning devices only. They do not replace weather awareness, official emergency alerts, evacuation planning, emergency management systems, site monitoring, or prudent judgment.
The customer is responsible for determining whether a Crest Alert product is appropriate for the intended use, site conditions, and location.
9. Competitor Sales and Prohibited Purchase Purposes
Crest Alert reserves the right to refuse, cancel, or limit any sale to a competitor, a reasonably suspected competitor, or any person or entity purchasing on behalf of, for the benefit of, or at the direction of a competitor.
Crest Alert products, manuals, specifications, drawings, installation materials, and related information may not be purchased, used, analyzed, disassembled, or evaluated for the purpose of reverse engineering, copying, commercial replication, competitive benchmarking for product development, or development, manufacture, marketing, or sale of a competing product or derivative commercial system.
Any purchase made for such a purpose, or any material misrepresentation regarding the purchaser’s identity, affiliation, or intended use, constitutes a material breach of these Terms and Conditions. Crest Alert reserves the right to cancel the transaction, refuse future sales, and pursue any remedies available under contract law, intellectual property law, unfair competition law, or other applicable law.
10. Intellectual Property Ownership; Limited License; Reverse Engineering Restrictions; Documentation and Custom Materials
All Crest Alert branding, logos, product names, manuals, instructions, diagrams, specifications, drawings, product descriptions, photographs, proposals, layouts, recommendations, and related materials, together with any associated intellectual property rights, shall remain the exclusive property of Crest Alert, LLC unless otherwise expressly stated in writing.
Subject to these Terms and Conditions, Customer receives only a limited, non-exclusive, non-transferable right to use the purchased Crest Alert product for its intended purpose. No sale grants any right or license to copy, reproduce, modify, adapt, distribute, create derivative commercial products from, or otherwise exploit any Crest Alert intellectual property, documentation, or product design except as expressly permitted in writing by Crest Alert.
Except to the extent reasonably necessary for maintenance, inspection, or repair of a purchased unit, Customer shall not, and shall not direct or permit any third party to, disassemble, analyze, benchmark, copy, or otherwise use any Crest Alert product, component, manual, or related material for the purpose of discovering or replicating its design, structure, construction, operation, or configuration for commercial replication, competing product development, or derivative commercial systems.
Crest Alert manuals, instructions, diagrams, specifications, photographs, product descriptions, and related materials are proprietary and may not be copied, reproduced, distributed, posted, or used for commercial replication, product development, or competing commercial purposes without prior written permission.
Any custom drawings, diagrams, layouts, proposals, specifications, recommendations, or other materials prepared by Crest Alert in connection with a quote, order, or project remain the property of Crest Alert unless otherwise agreed in writing. Such materials may not be copied, reused, distributed, or used for competitive procurement, replication, or product development without Crest Alert’s prior written consent.
Except as necessary to identify a genuine Crest Alert product, Customer may not use Crest Alert’s name, logos, trademarks, or branding in advertising, sales materials, resale offerings, or public representations without Crest Alert’s prior written consent.
If Customer provides suggestions, ideas, recommendations, or feedback relating to Crest Alert products, Crest Alert may use or decline to use such feedback without restriction or obligation unless otherwise expressly agreed in writing.
11. Order Changes and Pre-Shipment Cancellations
After an order has been accepted and paid, customer-requested changes may be accepted only at Crest Alert’s discretion. Requested changes may result in additional charges, updated pricing, revised lead times, or refusal of the requested change. Changes may include, but are not limited to, changes in power configuration, solar configuration, siren options, warning light options, or other system features.
If a customer cancels an order before shipment, any refund is subject to Crest Alert’s recovery of costs already incurred, including administrative time, ordered components, custom configuration work, and labor. Unless otherwise agreed in writing, the maximum refund for a canceled order prior to shipment is 60% of the purchase price, and Crest Alert may retain up to 40% of the purchase price as a cancellation charge.
Orders for custom systems, custom configurations, or special-order products may be non-cancelable once components have been ordered or work has begun, except as otherwise required by law.
12. Returns and Approval Timing
Because Crest Alert products are specialized equipment, returns are accepted only with prior written approval from Crest Alert.
A request for return must be submitted within 14 calendar days after delivery. Crest Alert will use reasonable efforts to approve or deny a return request within 10 business days after receiving the request and any information reasonably needed to evaluate it.
Returned products must be unused, in original condition, and suitable for resale.
Approved returns may be subject to restocking fees, return shipping charges, and any nonrecoverable processing costs.
Custom systems, custom configurations, and special-order products are non-returnable unless defective or otherwise required by law.
13. Limited Warranty
Crest Alert products are covered by a separate 5-Year Limited Warranty. The Limited Warranty is incorporated into these Terms and Conditions by reference.
If there is any conflict between these Terms and Conditions and the Limited Warranty regarding warranty matters, the Limited Warranty controls.
A current copy of the Limited Warranty will be made available by Crest Alert upon request and may also be posted separately.
14. No Assumption of Site Safety or Emergency Management Duties
Customer acknowledges that Crest Alert is selling a warning device only and is not undertaking responsibility for site safety, code compliance, hazard monitoring, weather monitoring, evacuation planning, emergency management, emergency response, or protection of any third party. Customer remains solely responsible for determining site suitability, installation location, maintenance, and all decisions relating to safety and emergency response.
15. Customer Indemnity and Responsibility for Misuse, Improper Installation, and Unlawful Use
To the maximum extent permitted by law, Customer agrees to defend, indemnify, and hold harmless Crest Alert, LLC and its owners, employees, and agents from and against third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Customer’s improper installation, improper maintenance, unauthorized modification, misuse, unlawful use, or use of the product in a manner inconsistent with Crest Alert instructions or warnings.
To the maximum extent permitted by law, Customer shall also be responsible for Crest Alert’s reasonable direct costs, losses, and expenses, including reasonable attorneys’ fees and investigation costs, arising out of Customer’s misuse, unauthorized modification, unlawful use, chargeback abuse, or material breach of Sections 9, 10, 11, or 14 of these Terms and Conditions.
This section does not apply to the extent a claim or loss is finally determined to have been caused solely by a defect covered under Crest Alert’s Limited Warranty.
16. Limitation of Liability; Waiver of Consequential and Similar Damages
To the maximum extent permitted by law, Crest Alert, LLC shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to personal injury, death, property damage, loss of use, loss of profits, loss of revenue, business interruption, delay damages, downtime, loss of opportunity, loss of data, or any other loss arising from the use of or inability to use a Crest Alert product.
To the maximum extent permitted by law, Crest Alert and Customer each waive any claim against the other for indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost revenue, loss of business, loss of use, loss of data, business interruption, delay damages, downtime, loss of opportunity, or losses arising from missed warnings, evacuation outcomes, property damage, or emergency response decisions.
To the maximum extent permitted by law, Crest Alert, LLC’s total liability for any claim related to a product, order, invoice, or sale shall not exceed the purchase price actually paid for the product giving rise to the claim.
Nothing in these Terms and Conditions excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law. Certain states may provide rights or remedies that cannot be waived or limited by contract.
The limitations and waivers in these Terms do not limit Crest Alert’s right to recover unpaid invoice amounts, approved cancellation charges, return-related charges, or damages arising from breach of Sections 9, 10, 11, 15, or 17 of these Terms and Conditions.
17. Force Majeure
Neither Crest Alert nor Customer shall be considered in breach of these Terms and Conditions with respect to an affected order to the extent performance is prevented or materially delayed by a Force Majeure Event. A “Force Majeure Event” means an event beyond the reasonable control of the affected party, including but not limited to severe weather, natural disasters, fire, flood, acts of war, terrorism, civil unrest, labor shortages, supply disruptions, transportation failures, power outages, government action, or similar events.
If a Force Majeure Event prevents or materially delays fulfillment of an order for more than thirty (30) days, either party may terminate the affected order by giving five (5) days’ written notice to the other party. If an affected order is terminated under this section before shipment, Customer’s sole remedy shall be a refund of amounts actually paid for the unshipped or unfulfilled portion of the order. Neither party shall have the right to recover additional compensation, damages, costs, or losses arising directly or indirectly from the Force Majeure Event.
The party claiming a Force Majeure Event shall notify the other party in writing as soon as reasonably practicable after becoming aware of the event, describe the nature of the event, and provide a reasonable estimate of its expected impact on performance if such information is reasonably available. The affected party shall also notify the other party when the Force Majeure Event has ended or its effects have materially changed.
If the party claiming a Force Majeure Event fails to give written notice within seventy-two (72) hours after becoming aware of the event, to the extent reasonably practicable under the circumstances, that party may not rely on the Force Majeure Event as an excuse for delay or nonperformance for the period before notice was given.
The party claiming a Force Majeure Event shall use commercially reasonable efforts to reduce, remove, or work around the effects of the event to the extent reasonably possible.
18. Third-Party Components and Non-Affiliation
Certain Crest Alert products may include or reference third-party components. Crest Alert, LLC is not affiliated with, endorsed by, or sponsored by any third-party manufacturer unless expressly stated in writing. Any third-party product names, trademarks, or brand names are used only to identify compatible or incorporated components.
19. Governing Law
These Terms and Conditions shall be governed by the laws of the State of Arizona, without regard to conflict of law principles, except to the extent applicable consumer protection laws or other non-waivable laws require otherwise.
20. Dispute Resolution, Venue, and Good-Faith Resolution
Before filing a lawsuit, the parties agree to first attempt in good faith to resolve any dispute informally. A party asserting a dispute must provide written notice describing the issue and the relief requested. The parties will then attempt in good faith to resolve the dispute within 30 days after such notice.
If the dispute is not resolved informally, the parties agree to attempt non-binding mediation before resorting to litigation, unless immediate injunctive relief is reasonably necessary or applicable law prohibits mandatory pre-suit mediation. The mediator shall be selected by mutual agreement of the parties. If the parties cannot agree on a mediator within 14 days after one party requests mediation, either party may request appointment of a mediator through a recognized mediation service or by a court of competent jurisdiction in Arizona. Unless otherwise agreed in writing or ordered by the mediator or court, the parties shall split the mediator’s fees and administrative mediation costs equally, and each party shall bear its own attorneys’ fees and other costs of participation.
If mediation does not resolve the dispute, any dispute arising from these Terms and Conditions or the sale of Crest Alert products shall be brought exclusively in the state or federal courts located in Arizona, unless otherwise required by law.
Nothing in this section prevents Crest Alert from seeking payment collection, injunctive relief, or other provisional remedies where appropriate.
21. Changes to These Terms
Crest Alert may update these Terms and Conditions from time to time. Updated versions will be posted or otherwise made available with a revised effective date.
Changes will apply prospectively only, unless otherwise required by law. Material changes will not apply retroactively to completed purchases or accepted orders made before the revised effective date, unless the customer expressly agrees otherwise.
22. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, unenforceable, or contrary to applicable law or public policy, that provision shall be enforced to the maximum extent permitted by law and, if necessary, deemed modified to the minimum extent required to make it enforceable. If such provision cannot be enforced even after such modification, it shall be deemed severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.
23. Entire Agreement
These Terms and Conditions, together with any applicable Limited Warranty, invoice, and any other written agreement expressly issued by Crest Alert, constitute the entire agreement between the parties regarding the sale of Crest Alert products, and supersede prior or contemporaneous understandings, discussions, or representations on the same subject matter, except as otherwise expressly agreed in writing by Crest Alert.