By purchasing from
SolarTek Distributors LLC you agree as the customer (referred to herein as buyer) agrees that the terms and conditions set forth herein shall apply to all pending and future purchase orders, sales and transactions between
SolarTek Distributors LLC (seller) and buyer. Terms of sale are prepaid unless credit is established and billed terms approved. A service charge of 1 ½% per month (18% apr) will be charged on all past due balances. Returned, dishonored or nsf checks will incur a $25 charge. All sales are final, provided that goods normally carried in seller’s inventory which have been delivered as ordered may be returned “unused” within 90 days from the date of purchase for credit only upon seller’s prior written authorization. All such returned goods must be delivered to seller at an address specified by seller accompanied by a copy of the invoice. Upon inspection and return approval, 15% restock fee will be deducted from the original purchase value of the returned goods. In addition to being ‘unused’, the material must be in original packaging and buyer is responsible for proper packing to ensure safe return, and assumes all risk in the return transport; including loss and/or damage. All returns are subject to a final count and inspection by seller upon arrival. Credit will not be issued for damaged goods, used goods, items with missing parts, obsolete products, or in the event the product is received in a condition that prevents it being sold as new. The risk of loss or destruction of, or damage to the goods shall be on buyer from and after delivery of the goods to buyer or carrier, whichever occurs first. Seller shall not be liable to buyer for any loss or damage suffered by buyer, directly or indirectly as a result of seller’s inability to perform, or delay in performing any obligation under this order where such inability or delay is caused by labor troubles (including, without limitation, strikes, slowdowns and lockouts), civil disturbance, war, acts of terrorism, weather, government regulations, inability to obtain or revocation of export or import licenses, interruptions of or delay in transportation, goods shortages, power failures, accident, or other cause beyond seller’s control. Prices are subject to change without notice and do not include tax. Taxes will be added, in all cases, unless an exemption certificate is on file with the seller prior to shipment of the order. Buyer shall pay the amount of any applicable sales, use, compensating, intangibles, gross income or like tax, import duties and similar charges levied by any governmental authority in connection with this order. All orders must be in a writing which includes an order reference and must be received by seller at seller’s place of business below. Seller reserves the right to refuse any order based on an error in price or quotation. Modification of any order must be confirmed in writing executed by seller. Seller accepts no liability with respect to any order not expressly undertaken by seller under the terms set forth herein. Delivery or ship dates are necessarily based on seller’s good faith estimates and delinquency in delivery will not constitute grounds for charge back, setoff, or other damages or clams of damages against seller. Buyer agrees to pay all costs of delivery or redelivery. Upon arrival of the shipments of the goods at the place designated by the buyer, the buyer shall immediately inspect the quality and quantity of the shipments at the buyer’s burden of cost. If the buyer finds that the shipments of the goods fails to conform to the specifications, or that the quantity is less than the one in the purchase order or the shipments sheet attached to the shipments of the products, the buyer shall, within sixty (60) days after shipping, notify to the seller the details of such non-conformity, and in case of damage to packing materials within three (3)days after delivery. In such case, the seller shall replace new goods or new packing materials.
SolarTek Distributors LLC warrants to the purchaser that all structural components designed and manufactured by
SolarTek Distributors LLC shall be free of manufacturing defects in materials for a period of twenty (20) years from the date of purchase by the original purchaser or installation of the product, whichever comes first. Purchaser may transfer this warranty to subsequent owners so long as the transferee agrees in writing to the terms of the limited warranty. Change in ownership of the products or assignment of this limited warranty will not cause the warranty periods to be reset. This limited warranty does not cover: (a) normal wear and tear; (b) any defect that has not been reported to
SolarTek Distributors LLC in writing (i) within the warranty periods and (ii) within thirty (30) days after discovery of such defect; (c) products which may be sold by
SolarTek Distributors LLC, but which are not designed or manufactured by
SolarTek Distributors LLC; (d) damages to the product resulting from misuse, abuse, negligence, shipment, storage, or from force majeure acts including fire, floods, lightning, windstorm, earthquake or other natural disaster, riot, war and criminal acts; (e) damages by the use of alternative materials not purchased from
SolarTek Distributors LLC price list; (f) if the product has been modified, repaired, or altered in a manner not previously authorized by
SolarTek Distributors LLC in writing. If the product proves defective during the warranty period by
SolarTek Distributors LLC’s sole discretion,
SolarTek Distributors LLC shall, at its option, will repair or provide a replacement. Any such repair or replacement will not cause the warranty periods to be reset. The above warranties are given by
SolarTek Distributors LLC with respect to the product and its related items in lieu of any other warranties, express or implied.
SolarTek Distributors LLC disclaims any implied warranties of merchantability or fitness for a particular purpose or any similar standard imposed by applicable legislation.
SolarTek Distributors LLC’s responsibility to repair or replace is the sole and exclusive remedy provided to the customer for breach of these warranties. Except for the obligations specifically set forth in this limited warranty, in no event shall
SolarTek Distributors LLC be liable for any indirect, special, incidental or consequential damages (including loss of profits) whether based on contract, tort, or any other legal theory. In any event, seller’s liability shall under no circumstances exceed the purchase price of the goods which are the subject of the claim, whether or not such goods have been installed or made part of an improvement to real or personal property. Purchaser shall bear all costs of shipment or transportation related to the repair or replacement if this limited warranty does not apply due to the limitations. If any legal action or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, misrepresentation in connection with any of the provisions of this agreement, the prevailing party or parties shall be entitled to recover reasonable attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which he or it or they may be entitled. Any controversy or claim arising out of, or relating to, this agreement, or the making, performance, or interpretation of it, shall be settled by arbitration in Fort Bend county, Texas, under the commercial arbitration rules of the American arbitration association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The costs of any such arbitration shall be shared equally until the entry of a final judgment upon the arbitration award, provided that the prevailing party shall be entitled to recover against the other party all arbitration and/or litigation costs incurred therein by the prevailing party. By executing a sales order or credit application the buyer represents to the seller that as of the date of execution the buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due and that it is solvent within the meaning of applicable federal bankruptcy laws. All claims for shortage or allowances must be made in writing on the date of delivery. Payment for goods furnished for use in the improvement of real property may be subject to the mechanics’ lien laws of the jurisdiction in which the goods are installed or used. Buyer agrees that buyer will not disclose seller’s pricing information or practices or other terms of purchase or any other information marked “confidential” provided to customer.