TERMS AND CONDITIONS – PRODUCT SALES
All quotations by Seller and orders made by Customer for products are subject to these Terms and Conditions of Sale set forth herein. These Terms and Conditions of Sale supersede any other terms and conditions in any purchase order and other purported agreements or communications in any form from Customer. Seller’s agreement to any additional or modified or substituted terms and conditions or agreements must be made affirmatively and in writing in a form other than as an acknowledgement of a purchase order to be effective. Seller’s acceptance of a purchase order by written acknowledgement or otherwise (even where such form of written acknowledgement purports to create or modify an agreement between Seller and Customer ) and/or Seller’s failure to object to any additional or conflicting terms and conditions contained in Customer’s purchase order or other documents created by Customer shall not be an acceptance of such additional or conflicting terms and conditions nor a waiver or modification of the provisions of this Agreement. Seller only accepts orders from Customer on the condition that Customer assents to the terms and conditions contained herein. The failure of Customer to object hereto in writing shall constitute assent hereto.
Payment terms of sale are prepaid unless otherwise specified on Seller’s written acknowledgment or invoice and are due at 18388 Periwinkle Lane, Mount Vernon WA. The bill for product is due not later than the date of shipping. Unpaid invoices or charge reversals on credit cards will bear interest at the rate of twelve percent (12%) per annum from the date due. Payments may be made by VISA, MASTERCARD or AMERICAN EXPRESS cards, personal or cashier’s check, wire transfer or money order. All shipments outside of the United States must be paid by cashier’s check or wire transfer; no credit cards. All checks must clear prior to shipment of orders. Any orders where checks are returned for NSF or Stop Payment Check will be denied, and all future orders will be on wire transfer basis only. Charge-backs on Credit Cards. Customer shall not have the right to order a charge-back on. Customer’s credit card until such time as Seller approves such charge-back in writing, or Customer prevails in the dispute resolution process as described below.
All sales are final. Special order, custom-built and non-stock items are non-cancelable and non-returnable. This includes all drop shipments from manufacturers. Products normally carried in Seller’s inventory which have been shipped as ordered may be returned “unused” within 30 days from the date of purchase for credit only upon Seller’s prior written authorization. All such returned products must be accompanied by a copy of the invoice, a Return Merchandise Authorization (RMA) from Seller for a restocking charge in the amount of 20% of the purchase price to be subtracted from the value of the return. In addition to ‘unused’, the product must not have been installed or connected to electrical power and must be in original packaging. For any returns involving full kits, only the full kit may be returned, no partial kits will be accepted. Customer is responsible for proper packing to insure safe return. The Seller maintains the right to hold the Customer responsible for all freight charges associated with returning products to Seller. All risk and liability for return transport, including loss and/or damage of product, rests wholly on Customer . All returns are subject to a final count and inspection by Seller upon arrival. Credit will not be issued for damaged products, used products, items with missing parts, obsolete products, or any product that is in a condition that prevents it being sold as new. All claims for shortage, damage and the like must be made in writing in accordance with and subject to Seller’s ‘Returns, Damage and Claim Policy.’
Prices are subject to change by Seller without notice. Prices do not include taxes. Customer 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 and the amount of such taxes will be added to the purchase price, in all cases, unless a valid exemption certificate for Customer is on file with the Seller prior to shipment of the order.
All quotations and sales are FCA Seller’s point of shipment unless expressly stipulated otherwise in writing by Seller. Customer shall pay all transportation charges in addition to the price of the products purchased. The risk of loss or destruction of, or damage to the products shall be on Customer from and after tender of the products to Customer or carrier, whichever occurs first. Shipment and/or delivery dates are merely estimates and failure of shipment and/or delivery by the estimated date will not constitute grounds for charge back, setoff, or other damages or clams of damages against Seller. Consistent with industry custom and practice, Seller will deliver the products to the specified address even if there is no one there to accept or sign for the products, unless Customer instructs Seller otherwise in writing. Customer agrees to pay all costs of re-shipment or re-delivery.
All orders must be in a writing which includes an order reference and must be received by Seller by mail, courier, facsimile, web or email. Seller reserves the right to refuse any order prior to the issuance of any written acknowledgement, including those based on an error in price or quotation. Modification of any order must be confirmed in writing by Seller. Seller takes exception to and hereby objects to all provisions inconsistent with or in addition to those set forth in these Terms and Conditions of Sale, including all warranty, hold harmless and indemnity provisions, either express or implied, set forth in Customer’s order or other communications that purport to impose liability on Seller. Seller does not provide assistance in the preparation, filing and follow-up of rebate forms for various state, local utility or other governmental agency. Seller shall have no liability to Customer for success in obtaining a rebate, the accuracy of the estimated rebate amount or the amount of the rebate actually received, even if due to Seller error or negligence.
Many localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Fire Mountain Solar LLC attempts to assure that its products comply with such codes, it cannot guarantee compliance and shall not be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and local codes and regulations, and be sure that the product, installation, and use will comply with them.
The products sold under this Agreement are subject to manufacturer’s warranties only, unless otherwise expressly provided by a separate warranty statement given in writing by Seller. Consult your product documentation. Seller otherwise makes no warranties whatsoever. Customer’s recourse is governed by Seller’s return policy and Customer’s remedies are limited to replacement of defective or damaged parts within 30 days of delivery as stated in the Return Policy, if applicable. The Seller’s Return Policy is in lieu of all other remedies, including contractual remedies. In any event, the liability of Fire Mountain Solar for any claim, whether under tort or contract, shall not exceed the purchase price of the product which is the subject of the claim.
DISCLAIMER OF WARRANTIES
SELLER DISCLAIMS ALL AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING ANY PRODUCTS IT SELLS. SELLER DOES NOT ADOPT OR AFFIRM ANY OF THE WARRANTIES, EXPRESS OR IMPLIED, INCUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY ANY OF THE MANUFACTURERS OF ANY OF THE PRODUCTS DESCRIBED HEREIN.
SELLER SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOVER, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED DAMAGES FOR LOSS OR PROFITS, REVENUE, SALES OR CUSTOMERS OR FOR LABOR, REMOVAL OR INSTALATION COSTS, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES.
SELLER’S MAXIMUM LIABILITY
SELLER’S MAXIMUM LIABILITY SHALL NEVER EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. SELLER’S MAXIMUM LIABILITY FOR PRODUCTS NOT SHIPPED AND/OR DELIVERED SHALL BE LIIMITED TO THE DIFFERENCE BETWEEN THE CONTRACT PRICE OF THE PRODUCTS AFFECTED THEREBY AND THE PRICE FOR SAME OR REASONABLY SUITABLE SUBSTITUTE PRODUCTS IN THE OPEN MARKET, PROVIDED THAT WHETHER OR NOT SUCH PRODUCTS ARE AVAILABLE ON THE OPEN MARKET, SELLER’S MAXIMUM LIABLILITY WILL NOT EXCEED TEN PERCENT (10%) OF THE CONTRACT PRICE OF THE PRODUCTS AFFECTED THEREBY.
Seller shall not be liable to Customer for any loss or damage suffered by Customer, directly or indirectly as a result of Seller’s failure to perform, or delay in performing any obligation under this order where such a failure or delay is caused by labor troubles (including, without limitation, strikes, slowdowns and lockouts), civil disturbance, war, acts of terrorism, weather, earthquake, government regulations, inability to obtain or revocation of export or import licenses, interruptions of or delay in transportation, product shortages, power failures, accident, slow decision making by Customer, untimely payment from Customer, changes made by Customer or any other cause beyond Seller’s control.
In the event of any breach or default by Customer upon the terms and conditions of sale set forth herein; Seller may employ any company, corporation, agency or attorney to collect any and all amounts owing from Customer to Seller, including but not limited to purchase price, service charges, delivery charges and taxes; and Customer shall pay to Seller all costs, expenses and fees, including reasonable attorney’s fees, incurred by Seller in the enforcement of this agreement. Skagit County shall be the exclusive venue for any action arising from any order or transaction.
TIME LIMITATION FOR LEGAL ACTION
Any lawsuit arising from Customer’s purchase of product from Seller and/or to enforce this agreement must be filed in a court of competent jurisdiction no later than one year after the sale occurs, otherwise it shall be time barred.
These Terms and Conditions of Sale supersede all previous communications, understandings and agreements between the parties.
Seller reserves the right to amend or modify the these Terms and Conditions of Sale, its Returns, Damage & Claims Policy, or any other policy from time to time, which amendments and modifications shall be binding on all quotations or written acknowledgement of Seller made after the effective date of such amendment or modification.