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Terms & Conditions For Earth Care Products, Inc.
Including The Earth Care Solar Division, and 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 Products, Inc., including Earth
Care Solar Division, 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 by all approved
Customers. Approval is subject solely to Earth Care Solar’s
discretion.
(2) Orders
All orders placed by Customer will be binding even if no
express written order confirmation is given by Earth Care Solar.
Written order confirmations by Earth Care Solar will be binding
for Earth Care Solar. 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; C.O.D.; VISA,
Master Card, American Express and Discover Card; or
approved credit and payment terms which includes wire transfers.
6. Returns within 30 days from wholesale or retail customers 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 wholesaler, who simply changes his mind after receiving the
product. To State very Plainly NO RETURNS to wholesalers unless factory
defect.Upon purchasing the product as a wholesaler or retail buyer
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 5 years.
(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 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
Orders below $3,500 shipped outside of the US and
Canada will be charged an additional $35 processing fee.
Earth Care Solar 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 orders are subject to Earth Care Solar’s Pre-
Approval Policy, excluding those orders listed below.
Earth Care Solar 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 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 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 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 .
2. Verbal Pre-Approval is available only for those
customers without email access. If the
customer does not have email access, Earth Care Solar
will verbally confirm the contents of the order,
and Customer must provide a verbal approval
authorization to release the order.
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 part
number.
2. Orders placed on the dealer web site.
No merchandise may be returned without prior
authorization from Earth Care Solar. If the return is authorized,
which must be only for defective product,
the buyer will be issued a return authorization (RA) number,
which must be clearly marked on the package. Only the
purchasing Customer may return Products to Earth Care Solar. All
subsequent purchasers must return Products through the
dealer from whom they purchased Products.. Earth Care Products reserves
the rights for no returns other than for factory defect.. All items
must be returned freight-prepaid and insured.
(10) Warranty Repairs
All warranty repairs must be performed by the
manufacturer.
(11) Security Interest
If 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.
(12) Statute of Limitations
No action by Customer may be brought at any time , wholesalers and
retail purchases agree to hold harmless Earth Products, 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.
(13) Limitations of Liability
The liability of Earth Care Solar 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 Products, Inc., including
The Solar Division, 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 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.
(14) 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 and
Customer specifically exclude the application of the United
Nations Convention on Contracts for the International Sale
of Goods to this Agreement.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
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