Terms and Conditions of Sale
Copyright © 2001 - 2008
SolarBee, Inc.
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NOTWITHSTANDING THE SUBMISSION OF CONFLICTING TERMS AND CONDITIONS OF SALE BY A CUSTOMER, OR CONFLICTING TERMS AND CONDITIONS OF PRIOR AGREEMENTS BETWEEN THE PARTIES, SI'S TERMS AND CONDITIONS BELOW SHALL PREVAIL AND APPLY TO THIS SPECIFIC SALE UNLESS THESE TERMS ARE SPECIFICALLY MODIFIED IN A WRITING WHICH IS SIGNED AND DATED BY THE PRESIDENT OF SI. NEW EQUIPMENT WARRANTY: On all sales, whether for components or for entire systems, the only warranty offered is on a component basis as described below. For new items or components which SI has purchased from a factory or other supplier, the warranty which SI's customer receives on each item and component is exactly the warranty which is offered by the manufacturer, if any, and which passes through SI to SI's customers. A copy of the manufacturer's warranty on each item or component is available upon request prior to or after the sale. In most cases the warranty is for one year and is limited to repair of replacement of goods which have defects in materials or workmanship. For new items or components which SI manufactures, the warranty which SI's customer receives is a one year warranty that the item or component will be free from defects in materials and workmanship. SI's responsibility is limited to repair or replacement of the item or component at its place of business. It is the purchasers responsibility to transport it to SI's place of business for repair. Notwithstanding anything above, in no case does SI ever warrant or undertake to be responsible for special, consequential, or indirect damages, or for any other damages beyond repair or replacement of the defective goods in questions. In no case does SI ever make a warranty of fitness for purpose or of merchantability. The provisions in any specifications, quotations, or invoices hereto attached if any, are descriptive, unless expressly stated as warranties. The foregoing states the entire guarantee and warranty of SI on new equipment herein described, is exclusive and in lieu of all other guarantees and warranties, either express or implied, whether written, oral or statutory. Also, SI does not warranty any equipment not sold by it and it shall not be responsible if any item sold by SI is made part of any such equipment. SHIPPING DATES: The time for shipment given herein is approximate and is estimated from the date of receipt of order with complete manufacturing information. SI shall in no event be liable for any special, indirect or consequential damages arising from delay irrespective of the reason therefor, and receipt by the Purchaser shall constitute acceptance of delivery and waiver of any claims due to delay. PAYMENTS: The prices specified are in U.S. currency, payable in New York exchange free of all expense to SI for collection charges. Prorata payments shall be made for partial shipments. If delivery is prevented or postponed at the request of SI's customer, of by reason of any other cause set forth specifically or by implication in paragraph on "Shipping Dates", then all dates of payment related to delivery shall relate instead to the date of completion of manufacture or inventory allocation by SI of the components ordered by its customer. Storage of allocated items will be at the Purchaser's expense and risk. The rights of SI under this Paragraph are cumulative and in addition to all rights available to SI at laws or in equity. TAXES: The Purchaser shall pay to SI in addition to the purchase price, the amount of all Sales, Use, Privilege, Occupation, Excise, or other taxes, Federal, State, local or foreign which SI is required to pay in connection with furnishing goods or services to the Purchaser. In lieu thereof, the Purchaser shall provide SI with a tax exemption certificate acceptable to the taxing authorities. SALES FOR EXPORT: In case of sales for export, the Purchaser shall be responsible for procuring (as well as arranging for extensions of) such exports, import or other licenses or authorizations as may be required. CANCELLATION: Orders are not subject to cancellation or change in specifications, shipping schedules or other conditions originally agreed upon without seller's written consent and then only upon agreement to compensate seller for loss or restock charges caused by such cancellation or changes. |