Terms and Conditions
Terms & Conditions For Earth Care Solar Technologies Inc. , et al.
For orders placed to and shipped from the United States These terms and conditions are governing sale of products
(Products) by Earth Care Solar Technologies Inc. , et al. These terms and conditions (Agreement) take precedence over Customer’s additional or different terms and conditions. Acceptance by Customer is limited to these terms and conditions. Neither Earth Care Solar’s commencement of performance nor delivery shall be deemed or constituted as acceptance of Customer’s additional or different terms and conditions. All pricing quoted is in US (United States) Dollars.
(1) Approved Customers
Orders can be placed with Earth Care Solar Technologies, Inc. by all customers and further approved wholesale dealers. Approval is subject solely to Earth Care Solar’s discretion. All wholesale customers better described as dealers must fax in their TAX EXEMPT STATUS from each individual State. In addition an EIN must be on the dealer form. You can obtain an EIN # by going to http://www.irs.gov/ click on EIN form.
(2) Orders
All orders placed by Customer & Wholesalers will be binding even if no express written order confirmation is given by Earth Care Solar Technologies, Inc. . Written order confirmations by Earth Care Solar Technologies, Inc. will be binding for Earth Care Solar Technologies, Inc. . All orders must include quantities and complete description of Products or item code being purchased. There will be a 20% cancellation fee for orders that have already been placed with and confirmed by the manufacturer of Products only if the order can be stopped by Earth Care prior to the manufacturing procedure, other wise product will be shipped and order completed as originally agreed upon when the order was made.
(3) There is No Minimum Order Size
All orders will have a shipping and handling charge
(4) Prices
Prices that Earth Solar quotes are valid for 60 days unless otherwise specified. Prices otherwise displayed by Earth Care Solar, for example on the price list, are subject to change without notice. Prices do not include any federal, state or local taxes, or other governmental charges, which, when applicable, will be invoiced in addition to the prices, set forth herein.
(5) Payment and Credit Policy
Terms are pre-payment with order; VISA, Master Card, American Express ; or approved credit and payment terms which includes wire transfers.
1. Returns within 30 days from wholesale customers & wholesalers only if there is a manufactures defect. The defect will be determined by the manufacture , corrected and the product will be returned to the customer. Under no circumstances will there be return of product allowed from a customer or wholesaler, who simply changes his mind after receiving the product. To State very Plainly NO RETURNS to customers or wholesalers unless factory has determined a factory defect in the product..Upon purchasing the product as a customer or wholesaler the same applies. If you purchase by credit card you agree that you will not reverse your credit card purchases. Our Solar Thin Cell Product is under warranty for 3 years for factory defects. The controller presently used is under warranty for 1 year. Earth Care Solar Technologies, Inc. makes certain wiring instructions for the solar panel systems are available on their web site. Further, instructions for wiring are shipped along with the Solar Charging Systems. Solar Panels are to be connected last to the wiring system, controller and finally to the batteries. The systems are Peel and Stick, once you stick the solar panel to the surface do not try to remove the panel. Removing the panel once it is stuck will damage the diodes. .
(6) Freight Charges and Rush Fees
All prices are F.O.B. point of origin.
The states of Hawaii and Alaska do not qualify for a quoted percentage and will be charge actual shipping on all orders. At its discretion, Earth Care Solar Technologies, Inc. may choose to charge actual freight cost instead of the fixed percentage rates. order will not be shipped in this time period.
(7) International Orders
Earth Care Solar Technologies, Inc. must receive prepayment in U.S. funds before shipping. All international shipments will be charged actual shipping rates.
(8) Canadian Orders
A GST of 5% will be charged on all orders shipping within and into Canada that utilize Earth Care Solar’s customs broker. For orders where customers are utilizing their own customs broker, or which are “blind shipments” Earth Care Solar will not assess the 5% GST. In addition brokerage fee will be assessed and customer will be notified before shipment.
(9) Pre-Approval Policy
All Earth Care Solar Technologies, Inc. orders are subject to Earth Care Solar’s Pre-Approval Policy, excluding those orders listed below. Earth Care Solar Technologies Inc. will not process orders until formal Pre-Approval from an authorized representative of the customer is received. Pre-Approval of the order is
binding on both Earth Care Solar Technologies, Inc. and the customer. Orders fulfilled in line with the Pre-Approved Order will not be eligible for return for refund or credit. Delay by Customer in providing Pre-Approval of order according to the process outlined below may result in delays to order processing. Earth Care Solar Technologies, Inc. reserves the right to deviate from this Pre-Approval Policy at its sole discretion.
Process for Pre-Approval of telephone orders:
1. Earth Care Solar Technologies, Inc. will email the customer a completed order for Customer’s review and approval if the customer has not filled out the approved online order form.The form must be singed . Again customer here only means wholesale dealer.
The following order methods do not require additional approval:
1. Purchase orders sent by the authorized purchaser of the company sent by fax or email listing the items to order by the Earth Care Solar Technologies, Inc. part number.
2. Orders placed on the dealer web site.
No merchandise may be returned without prior authorization from Earth Care Solar Technologies, Inc. If the return is authorized, which must be only for defective product, the customer or wholesale dealer will be issued a return authorization (RA) number, which must be clearly marked on the package. All subsequent purchasers must return Products through the dealer from whom they purchased Products.. Earth Care Solar Technologies, Inc. reserves the rights for no returns other than for factory defect.. All items must be returned freight-prepaid and insured. Due to the nature of the peel and stick product, once you stick , think of it as an fruit that has been peeled. All test can be run prior to sticking the product down to surface.
(10) Shipping
Allow 4-6 weeks for your product to be manufatured and delivered.
(11) Warranty Repairs
All warranty repairs must be performed by the manufacturer.
(12) Security Interest
If a customer or a dealer ships the product back simply because he decides to not sell the product, or any other reason other than a factory defect, the dealership is automatically revoked.
(13) Statute of Limitations
No action by Customer may be brought at any time ,customers and wholesalers agree to hold harmless Earth Products, Inc and Earth Care Solar Technologies, Inc. , Et AL, officers , directors, consultants, due to all accidents, or any other cause of harm from or due to the product purchased from Earth Care.
(14) Limitations of Liability
The liability of Earth Care Solar Technologies, Inc. hereunder for all claims shall not exceed the sum of Customer’s payments for the Products which are the subject of the dispute. Earth Care Solar Technologies, Inc. , et al, assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, including physical injury, or other losses incurred by Customer or any third party in connection with the Products. Earth Care Solar Technologies, Inc. makes no warranties or representations as to the accuracy or completeness of system drawings. Customer assumes all risk and liability with regards to systems installed according to such drawings, including but not limited to circumstances where the drawings do not include all provisions required for an installation.
(15) Governing Law
The construction, interpretation and performance of this Agreement and all transactions under it shall be governed by the laws of the State of Georgia. Earth Care Solar Technologies, Inc. and Customer specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.
(16) Choice of Forum
The parties hereto agree that any suits, actions or proceedings arising out of this Agreement that may be instituted by any party hereto shall be instituted only in the state or federal courts in the city of Atlanta, Georgia, and the parties hereto do hereby consent to the jurisdiction of those courts and waive any objection which they may now or hereafter have to venue of those suits, actions or proceedings.
(17) Force Majeure
Except for the payment of money, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by causes beyond its control (Force Majeure Conditions), including, but not limited to, fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes. If any Force Majeure Condition occurs, the party delayed or unable to perform (Delayed Party) shall give immediate notice to the other party (Affected Party), and the Affected Party, upon giving prompt notice to the Delayed Party, shall be excused from performance under this Agreement for the duration of the Force Majeure Condition, provided, however, that the Affected Party shall take all reasonable steps and cooperate with the Delayed Party to avoid or remove the cause of non-performance and shall resume performance hereunder with dispatch when the cause is removed; and provided further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate this Agreement.
(18) Non-Waiver
No course of dealing or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of that term, right or condition.
(19) Entire Agreement
This Agreement shall constitute the entire Agreement between the parties with respect to the subject matter of this Agreement and shall not be modified or rescinded. The provisions of this Agreement supersede all prior oral and written quotations, communications, agreements, and understandings of the parties with respect to the subject matter of this Agreement.
