The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
All notices from Solar Electric to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Solar Electric shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address.
Mailing Address: 109 East 17th Street Ste. 25 Cheyenne, WY 82001 USA
Delivery shall be deemed to have been made by You to Solar Electric five (5) days after the date sent.- Copyright
All content appearing on this Web site is the property of:
Solar Electric
Mailing Address: 109 East 17th Street Ste 25 Cheyenn, WY 82001 USA
Copyright © 2009-2010 Solar Electric. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009-2010 Solar Electric. All rights reserved.- Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Solar Electric. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Solar Electric or any third party, except as expressly granted herein.
- Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Solar Electric and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Solar Electric believes that customer conduct violates applicable law or is harmful to the interests of Solar Electric and its subsidiaries.
- Privacy Policy
Solar Electric use of personal information that you may submit to Solar Electric through this Web site is governed by the Solar Electric Privacy Policy.
- Consumer Agreement
PRICE AND TERMS OF PAYMENT
(a) Pricing. Unless otherwise stated in this Agreement, pricing will be as stated on the order/acknowledgement form except for orders whose requested delivery date is more than 90 days after the confirmed order date. Pricing for orders with requested delivery dates more than 90 days from the confirmed order date will be priced at the applicable rates at the time of shipment.
(b) Payment Terms. Unless otherwise stated in this Agreement, customer shall pre pay Solar Electric in US dollars, unless otherwise agreed to in a writing signed by SOLAR ELECTRIC. Payments made using a credit card are subject to a 5% convenience fee.
(c) Past Due Accounts. Past Due Accounts are subject to a monthly interest charge of 1.5 (18% annual interest rate) for the invoice amount (subject to applicable law). All finance charges for overdue payments will be assessed on the Customer?s monthly statements, and shall be due upon receipt. In no event shall the terms of this order/acknowledgement require payment in excess of the maximum amount permitted by law. Any such excess which may be collected from Customer shall at final payment of all amounts owed be applied as a credit against future invoices of Customer or returned by SOLAR ELECTRIC to Customer. Drop ship charges are $25.00 per shipping address.
MINIMUM ORDERS
No Minimums. There are no order minimums. Any purchase order placed under $1000.00 will incur a $25.00 processing fee. Each order is subject to a minimum shipping charge of $15.00.
FAILURE TO PAY
Remedies for Breach of Payment Terms. In the event Customer fails to fulfill the terms of payment or if SOLAR ELECTRIC shall have any doubt at any time as to Customer's financial responsibility, SOLAR ELECTRIC may decline to make any further deliveries except upon receipt of payment in cash or other security satisfactory to SOLAR ELECTRIC. In addition, SOLAR ELECTRIC shall have all rights and remedies at law or equity available under California law to collect any unpaid amounts owed by Customer. Customer hereby agrees to indemnify and hold harmless SOLAR ELECTRIC and its affiliated companies against any claims, losses, damages, or expenses arising from a refusal to make deliveries resulting from Customer?s failure to pay described herein.COSTS OF COLLECTION
All costs resulting from the collections process, including attorney's fees incurred with or without suit, shall be paid by Buyer or as ordered by any court having jurisdiction.
SECURITY INTEREST
Purchase Money Security Interest. SOLAR ELECTRIC or its assigns shall have purchase money security interest in the products purchased hereunder until all charges including installation and/or service charges, if any, are paid in full. Customer agrees to convey power of attorney to SOLAR ELECTRIC for the sole purpose of execution of documents necessary to perfect the Purchase Money Security Interest. Further, Customer agrees to execute and deliver, so that SOLAR ELECTRIC may file or record any documents reasonably requested by SOLAR ELECTRIC for the purpose of protecting and/or perfecting said security interest.
EQUIPMENT WARRANTY
Manufacturer's Warranty. SOLAR ELECTRIC warrants to Customer that the products sold hereunder will be in good working order in accordance with manufacturer's standard specifications upon delivery to Customer. Solar Electric honors all manufacturer's warranties. Warranty repair service can be obtained by calling the manufacturer's customer service number. Most manufacturer's customer service procedures require the following information: Item serial number; purchase date; warning, error or panel fault message; description of problem. The manufacturer will provide troubleshooting and/or warranty service for your product. Solar Electric is not responsible for, and Customer hereby agrees to pay, any costs associated with the diagnostic and bench test, repair, installation, removal, reinstallation, or transportation to and from Solar Electric, or an authorized SOLAR ELECTRIC service representative of the product, or any components thereof for warranty service.
No Other Warranty. Except as specifically provided in this Agreement or as agreed to in writing by SOLAR ELECTRIC, AND IT'S AFFILIATED SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANATABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WARRANTY EXCLUSIONS
(a) Warranty Exclusions. The warranties provided herein do not cover maintenance required to repair damages, malfunctions, or service failures for Blems or 2nd Grade products or components, unless otherwise stated on the order/acknowledgement form.
(b) Time and Materials Service. SOLAR ELECTRIC may agree to perform maintenance or other services on a time and materials basis.
ORIGINAL EQUIPMENT MANUFACTURER?S (OEM'S) WHOLESALERS AND RETAILERS
(a) OEM Customers. If Customer is an OEM, or if otherwise noted in this Agreement, the limitations of the warranty to the original owner shall not apply. In such case the Customer may obtain warranty service for products sold hereunder to the extent set forth in Section 7 and 8 provided the products have been sold only in the ordinary course of Customer?s business or as a component of Customer?s product, and provided further, any claim for warranty service hereunder shall be made exclusively by the Customer.
(b) Consumer Resale If in the ordinary course of the Customer?s business the product purchased hereunder is resold to a ?consumer? within the meaning of the Magnuson-Moss Warranty Act, the original consumer purchaser shall be entitled to the rights provided under the Solar Electric Limited Warranty provided for such product expressed in sections 6 and 7 above. It shall be the responsibility of the Customer to insure that a copy of such Limited Warranty and all product installation, operation, and maintenance instructions are furnished to the Consumer at the point of sale.
(c) Customer Indemnity. Customer hereby agrees to indemnify and hold harmless SOLAR ELECTRIC and its affiliated companies against any claims, losses, damages, or expenses arising from Customer?s failure to deliver the warranty information detailed herein.
CHANGES
Specialized Product Orders. If a SOLAR ELECTRIC quotation is premised on products to be customer designed and produced for special application, the quoted price is applicable unless the specifications are changed by the Customer. Such changes in specifications must be agreed to in writing by SOLAR ELECTRIC prior to acceptance. If changes in fabrication or design are required by reason of incorrect information of furnished, or deviation from prints or other information submitted by Customer, it?s representatives, or agents, the cost of such changes shall be at Customer?s expense and shall be added to the quoted price. If the specification, as modified, can not be met by SOLAR ELECTRIC or its affiliates, SOLAR ELECTRIC may, at its option, terminate the order subject only to Customer?s obligation to reimburse SOLAR ELECTRIC as provided in Returns Section.
EXCLUSIVE REMEDIES
(a) Limit on Liability. Notwithstanding any other provisions in this Agreement, neither SOLAR ELECTRIC nor it?s affiliates shall be liable for any indirect, incidental, or consequential damages (including loss of profits) sustained or incurred in connection with the performance of the order or the use or operation of the products and services provided hereunder, or for damages due to causes beyond the reasonable control of SOLAR ELECTRIC, its employees, subcontractors, and agents.
(b) Force Majeure. Neither SOLAR ELECTRIC nor its affiliates shall be liable in any way for delays, failures in performance, loss or damages due to any of the following force majeure conditions: fire, strike, embargo, explosion, power blackout, earthquake, volcanic action, flood, war, water, the elements, labor disputes, civil disturbance, government requirement, civil or military authority, acts of God, public enemy, inability to secure products, transportation, facilities, acts of omission of carriers or other causes beyond its reasonable control whether or not similar to the foregoing.
INDEMNITY
(a) General Indemnification. Customer will defend and indemnify SOLAR ELECTRIC and SOLAR ELECTRIC's affiliates, directors, employees and contractors (collectively "Indemnitees") against any claim or action brought by a third party against an Indemnitee arising from (a) an allegation of Customer?s negligence or willful misconduct, or (b) Customers failure to comply with the requirements of this Agreement.
DISPUTE RESOLUTION
(a) Good Faith Negotiation. The parties will first attempt to resolve any dispute relating to this Agreement through good faith informal negotiation.
(b) Arbitration. Any action to enforce or interpret this Agreement shall be settled by arbitration in accordance with the rules of JAMS. Any party may commence arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at the JAMS facility nearest San Diego, California. The substantive law of the State of California shall be applied by the arbitrator of the dispute. The parties shall share equally in the initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney's fees, costs, and reasonable expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
(c) Governing Law. Any dispute arising out of this Agreement shall be subject to the laws of the State of California. Venue for any action filed to enforce this Agreement shall be San Diego County.- Shipping & Delivery
At this time, Solar Electric ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Solar Electric ships merchandise to Canada and Mexico, and other limited international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
Shipping Details:
a) Total shipping costs are based on product weight and dimensions. A handling charge will be added to all shipped items.
b) All orders require two to three business days to process before shipping, when in stock.
Business days are Monday through Friday, excluding holidays determined by carriers.Shipping Surcharge: Some items may have an additional shipping and handling surcharge. All items are subject to a handling fee. Minimum shipping charge is $15.00
c) Alaska and Hawaii items ship via Priority service and may require an additional day for delivery.
International orders ship via Priority service and may require additional days for delivery. Actual delivery time dependent on country order is shipped to and shipper’s time table. For delivery time estimate, please contact our customer service department. Our staff is available during our normal warehouse hours. You can contact us by calling toll-free 1-800-842-5678, direct dial at 858-581-0051 or by eMail at orders@solarelectricinc.com.
d) Solar Electric is not responsible for shipping delays due to weather, natural disaster, or causes beyond the shipper’s control. Solar Electric is not responsible for items damaged or lost in transit.
e) Canadian and international shipments will be subject to taxes, duties or other customs fees upon delivery. The recipient is responsible for any such fees at point of delivery.
f) When ordering more than one product, for customer convenience, we may consolidate products when possible or ship in multiple packages.
Shipment Terms. Unless otherwise stated in this Agreement or as agreed upon in writing by Solar Electric, all shipments are F.O.B. Solar Electric and/or its affiliate warehouses from which material is shipped.Packing and Shipping. Solar Electric will pack and ship products delivered hereunder in accordance with its general practice unless specific instructions are supplied by Customer. Any additional costs incurred by Solar Electric as a result special packaging and/or shipping requests will be paid by entirely by Customer.
Delivery and Inspection. Upon receipt and delivery of your delivery, please unpack and inspect.
a) Damage. If the containers, bundles or packing material show visible signs of damage upon delivery, you must note this on both your copy and the freight carrier?s copy of the freight bill prior to signing for the receipt of goods.
a) Shortages. Shortages must be reported within 3 days of delivery.
a) Concealed Damage. Concealed damage must be reported within 2 days of delivery. Beyond this timeframe, you have no recourse with the Carrier for a concealed damage freight claim.
TITLE AND RISK OF LOSS
Title and risk of loss shall pass to Customer upon delivery to the carrier by SOLAR ELECTRIC.
Delivery delay. If delivery by SOLAR ELECTRIC is delayed by more than 10 days or more by cause not attributable to Customer (except for force majeure conditions as defined in Section 15.4). Customer?s sole remedy shall be the right to cancel the order without payment of any cancellation charges. These remedies shall be exclusive of all other remedies against SOLAR ELECTRIC and its affiliates, except for Customer?s right to claim damages to bodily injury to any person.- International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Solar Electric is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.International orders ship via Priority service and may require additional days for delivery. Actual delivery time dependent on country order is shipped to and shipper’s time table. For delivery time estimate, please contact our customer service department. Our staff is available during our normal warehouse hours. You can contact us by calling toll-free 1-800-842-5678, direct dial at 858-581-0051 or by eMail at orders@solarelectricinc.com.
- Sales Tax
Solar Electric charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. Unless otherwise indicated, no sales, use, retailer occupation, service, occupation, service use, or similar taxes are included in Solar Electric's prices. Customer agrees to pay any taxes which are paid or payable, or assessed in connection with this and all future orders.
- Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Solar Electric makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Solar Electric SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Solar Electric BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Return Policy
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Solar Electric reserves the right to change its payment procedures at any time without prior notice to you.
CANCELLATION AND RETURNS
Order Cancellation. Except as agreed to by Customer and SOLAR ELECTRIC in writing, Customer may cancel orders for products specifically identified in the SOLAR ELECTRIC pricing schedules (stock products), subject to cancellation charges set forth below: (a) 30 percent of total order amount if cancellation is received by SOLAR ELECTRIC within 14 days before confirmed ship date.
(b) 10 percent of total order if cancellation is received 15 to 30 days before confirmed ship date.
(c) No charge when cancellation is received more than 30 days before confirmed ship date.
Cancellation/Returns. Upon termination or cancellation of any order, the product will be returned to Solar Electric in the same condition as originally supplied, or Customer will pay for restoration of the product to such condition. If the Customer does not return the product, then, in addition all other remedies at law or in equity available to SOLAR ELECTRIC, all payment obligations of the customer shall remain in full force and effect.
Return Policy. No goods will be accepted by SOLAR ELECTRIC unless prior written authorization is obtained from SOLAR ELECTRIC in the form of an SOLAR ELECTRIC Return Merchandise Authorization (RMA). Any returned good must be accompanied by the RMA form or RMA number. Customer hereby agrees to indemnify and hold harmless SOLAR ELECTRIC and its affiliated companies against any claims, losses, damages, or expenses arising from loss of such merchandise returned without first obtaining the RMA form or RMA number discussed herein.
Non-Unique Goods. The parties hereto acknowledge that the goods to be supplied by SOLAR ELECTRIC hereunder are not unique unless the item(s) or system(s) is ordered or manufactured to the Customer?s unique specifications.
Restocking Fee. Customer agrees to pay SOLAR ELECTRIC a 30% restocking fee on all products shipped from stock (i.e. not involving custom specification), if they are returned by Customer to SOLAR ELECTRIC subject to the terms in Return Policy.
(a) Return or Cancellation of Custom Orders. In the event Customer cancels a custom ordered item or system, Customer agrees to pay SOLAR ELECTRIC as liquidated damages, the agreed upon price for custom ordered goods which are completed plus 10 percent of the contract price for the uncompleted portion of the goods ordered, if any, with no further responsibility on the part of SOLAR ELECTRIC. Within a reasonable time after Customer's written request, such completed goods will be forwarded to Customer at Customer's expense. No liquidated damages shall apply.
(b) Store credit will be issued for returns. Customer must use store credit within 180 calendar days of issuance of RMA.
(c) NO RETURNS on batteries, 2nd's, Blems, floor models or installed items. Credit will not be issued for shipping.
Solar Electric Cancellation. Notwithstanding anything contained herein to the contrary, Solar Electric shall have the right to cancel this Agreement, without any liability whatsoever; by delivery of written notice to Customer at any time on or before that date which is 10 business days after the date if the execution of this Agreement or receipt of an order.
Other Cancellation. Customer may terminate or cancel an order if SOLAR ELECTRIC fails to perform or observe any material term or condition of the order and such failure shall continue unremedied for 30 days after receipt of written notice of the default from Customer.- Miscellaneous
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Solar Electric and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Solar Electric shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Solar Electric with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Solar Electric with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Solar Electric. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
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