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Terms and Conditions
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE
CAREFULLY. By using this site, you are deemed to have agreed to
these terms and conditions of use. We reserve the right to modify
them at any time. You should check these terms and conditions
periodically for changes. By using this site after we post any
changes to these terms and conditions, you agree to accept those
changes, whether or not you have reviewed them. If at any time you
choose not to accept these terms and conditions of use, please do
not use this site.
Quantities Are Limited.
Prices,
descriptions, features, technical specs and Item#
Are Subject To Change Without Notice.
Store Prices May Vary From Catalog Prices.
Distributors
will be able to purchase distributor stock at
discounted pricing according to terms. Distributors
may also be able to purchase any amount of stock at
computer pricing. Stock levels and availability are
subject to change. Real time stock status is
available through the Registered User link at. All
orders from Distributor customers regardless of
pricing are non-cancelable/non-returnable.
Export
Control/Use of Products
Delivery and Title
Pictures:
are graphic representations to help visualize how
the final product may look like, and NOT
necessarily represents the final product.Since these
units are custom made, internal and external
distribution of components may vary. Pictures are
provided to help visualize the final product, but
the final product may vary. We will work with your
technical department to provide cutting edge
technology with the latest technical components.
Size
Weight information are representations to help
visualize how the final product may look like, and
NOT necessarily represents the final product. if you
nee a specific size please request verification.
Quantity
Pricing Is Subject To Freight Considerations.
We Are
Not Responsible For Typographical Errors or
omissions.
Buyer understand and agree that, this order is
non-cancelable/non-returnable in accordance with
standard terms and conditions for OkSolar
distributor customers.
Sales Tax.
Customer is responsible for payment of all
applicable state and local taxes, or for providing a
valid sales tax exemption certificate. When placing
an order, customer shall: Mail, Fax or eMail tax
exemption certificate.
OkSolar.com
Reserves the Right to Limit / Deny Returns.
We Are
Not Responsible For Typographical Errors or
Omissions
Payment
Options
***
Help
Net30 and Government accounts
Partners
Dealers Terms and Conditions
RMA RETURNS & CLAIMS -->>
Returns must be expressly authorized by us
and are subject to a restocking fee More information
(submitting a false claim violates federal and state
criminal fraud laws and may result in serious
criminal penalties.)
RMA
Acceptance/Return
Shipping
Shipping
Damages or Losses >>>
Warranty Limited Warranty and Limitation of
Liability
Technical
Assistance or Advice
Billing/Shipping Information for International
The only payment method accepted for international orders is wire
transfer. Please make sure you reference your order
# when making your wire.
Freight
Lines Sites Shipping options >>
Security
We employ encryption technology
to protect you from unauthorized use of the information you are sending
to our server.
www.OkSolar.com
& Privacy Guarantee
Your Privacy
We will not rent or sell your name, address, email address, credit
card information or personal information to any third party without
your permission. However, we must cooperate fully should a situation
arise where we are required by law or legal process to provide
information about a customer.
We would like to be easy to do business with, so we ask your
understanding of our business rules. Our best effort will be
promptly and courteously extended to provide for your needs in
return.
All specifications subject to change without notice
Installations must me made by licensed technicians.
Oksolar.com is not
responsible for any typographical errors. Neither OkSolar.com nor
GeneralCommunications.com, corp. is not responsible or liable for errors
in installations. We offer industry-standard installations
recommendations guide lines; proper installation is the responsibility
of the installers.
IMPORTANT NOTICE
The installer assumes full responsibility for the proper application and
safe installation of the units in accordance with these instructions, the
National Electric Code, and all other state and local codes and practices.
OKSOLAR accepts no responsibility for damages to property nor injury to
personnel for the improper use of this product nor its failure under any
circumstances. OKSOLAR warranty is limited to the replacement of the defective
unit only if the failure is the result of a manufacturing defect.
1. Orders
All orders placed by Buyer are subject to acceptance by Seller. Orders
may not be cancelled or rescheduled without Seller's written consent.
All orders must include delivery dates, quantities and complete
description of Products being purchased. Seller may in its sole
discretion allocate Product among its Customers. Seller may designate
certain Products as non-cancelable, non-returnable ("NCNR") or customer
specific ("CS") Products and the sale of such Products shall be subject
to the special terms and conditions contained in Seller's Special
Product Agreement, which shall prevail and supersede any inconsistent
terms and conditions contained herein or elsewhere
2.
Prices
(a) The prices of the Products are those specified on the front of
Seller's invoice. Pricing for undelivered Product may be increased in
the event of any increase in Seller's cost, change in market conditions
or any other causes beyond Seller's reasonable control. Price
quotations, unless otherwise stated, shall automatically expire thirty
(30) calendar days from the date issued and may be cancelled or amended
within that period upon notice to Buyer. (b) Unless otherwise agreed to
in writing by Seller, all prices quoted are exclusive of transportation
and insurance costs, duties, and all taxes including, but not limited
to, federal, state, provincial and local sales, excise, value added,
goods and services taxes and any other taxes. Buyer agrees to pay these
taxes unless Buyer has provided Seller with an exemption resale
certificate in the appropriate form for the jurisdiction of Buyer's
place of business and any jurisdiction to which Products are to be
directly shipped hereunder, or unless the sale is otherwise exempt from
these taxes. Buyer agrees to indemnify and hold Seller harmless for any
liability for tax in connection with the sale, as well as the collection
or withholding thereof, including penalties and interest thereon. When
applicable, transportation and taxes shall appear as separate items on
Seller's invoice
3.
Payment
(a) Full payment is due promptly upon placing an order on this website.
For all other orders, upon approval of credit, corporate standard terms
of payment are net thirty (30) days from the date of invoice unless
otherwise specified in writing by Seller. In addition, Buyer will be
deemed to have accepted an invoice upon the fifteenth (15th) day from
the date of invoice and no further objections to the invoice will be
permitted or accepted. If Seller otherwise specifies in writing payment
terms longer than thirty (30) days from the date of invoice, then: (i)
the invoice will be deemed accepted upon the thirty (30th) day from the
date of invoice and no further objections will be permitted or accepted;
and (ii) Buyer must certify within thirty (30) days from the date of
invoice that payment has been submitted for processing. Seller may
invoice each shipment separately and each shipment shall be considered a
separate and individual contract. Buyer agrees to pay such invoice
pursuant to its terms without the benefit of setoff or deduction.
(b) All late payments shall be charged interest computed on a daily
basis from the due date until paid in full. A late charge of one and
one-half percent (1.5%) per month or the maximum rate permitted by
applicable law, whichever is less, will be imposed on all past due
accounts. Buyer shall be liable for costs of collection, including
reasonable attorneys' fees and court costs, in any action to collect
past due amounts.
(c) Transportation charges from Seller's facility to Buyer's facility
shall be paid by Buyer to Seller, in addition to the purchase price of
the Product, unless otherwise agreed to in writing by Seller. Seller
will select the carrier in the absence of specific instructions by
Buyer.
(d) Seller reserves the right to establish and/or change credit and
payment terms extended to Buyer when, in Seller's sole opinion, Buyer's
financial condition or previous payment record warrants such action.
Further, on delinquent accounts, Seller shall not be obligated to
continue performance under any agreement with Buyer.
(e) If Seller believes in good faith that Buyer's ability to make
payments may be impaired or if Buyer shall fail to pay any invoice when
due, Seller may suspend delivery of any order or any remaining balance
thereof until such payment is made or cancel any order or any remaining
balance thereof, and Buyer shall remain liable to pay for any Products
already shipped and all NCNR and CS Products ordered by Buyer.
(f) Seller retains a purchase money security interest in the Products
delivered to Buyer, and in their accessories, replacements, accessions,
proceeds and Products, including accounts receivable (collectively, the
"Collateral") to secure payment of all amounts due under this Agreement.
Buyer's failure to pay all amounts hereunder in full when and as due
shall constitute a default hereof and shall give Seller all rights of a
secured party. If Buyer fails to pay any amount when due, Seller shall
have the right to repossess and remove all or any part of the Collateral
from Buyer, but not from Buyer's Customers. Any repossession or removal
shall be without prejudice to any other remedy of Seller hereunder, at
law or in equity. Buyer agrees, from time to time, to take any act and
execute and deliver any document (including, without limitation,
financing statements) reasonably requested by Seller to transfer,
create, perfect, preserve, protect and enforce this security interest.
(g) Any payment received from Buyer may be applied by Seller against any
obligation owing from Buyer to Seller, regardless of any statement
appearing on or referring to such payment, without discharging Buyer's
liability for any additional amounts owing from Buyer to Seller, and the
acceptance by Seller of such payment shall not constitute a waiver of
Seller's right to pursue the collection of any remaining balance.
4.
Delivery and Title
All deliveries will be made EXW (Ex Works as defined in Incoterms 2000)
Seller's facility or FOB place of origin. Subject to Seller's right of
stoppage in transit, delivery of the Products to the carrier shall
constitute delivery to Buyer and title and risk of loss shall thereupon
pass to Buyer. Selection of the carrier and delivery route shall be made
by Seller unless specified by Buyer. Buyer acknowledges that delivery
dates provided by Seller are estimates only and Seller shall not be
liable for delays in delivery or for failure to perform due to causes
beyond the reasonable control of Seller nor shall the carrier be deemed
an agent of Seller. In the event of delay caused by such event, the date
of delivery shall be extended for a period equal to the time lost as a
consequence of the delay in delivery without subjecting Seller to any
liability or penalty. If the Products perished while in the custody of
the carrier, the Seller shall be deemed to have performed its
obligations in full. Delivery of a quantity, which varies from the
quantity specified, shall not relieve Buyer of the obligation to accept
delivery and pay for the Products delivered. Delay in delivery of one
installment shall not entitle Buyer to cancel other installments.
5.
RMA Acceptance/Return
Shipments will be deemed to have been accepted by Buyer upon delivery of
the said shipments to Buyer unless rejected upon receipt. Buyer shall
perform whatever inspection or tests Buyer deems necessary as promptly
as possible but in no event later than three (3) days after delivery,
after which time Buyer will be deemed to have irrevocably accepted the
Products. Any discrepancy in shipment quantity must be reported within
three (3) working days of receipt of the Products. In the event of an
over shipment, Buyer shall have the option to return the Products to
Seller at Seller's expense or alternatively, Buyer may elect to retain
the Products (subject to adjustment of the invoice or the issuance of
another invoice to account for such additional items.) Any Product
returns shall be subject to compliance with Seller's Return Merchandise
Authorization ("RMA") policies and procedures as well as a restocking
charge equivalent to 50% of the value of such Product as specified in
Seller's invoice to Buyer. Returned Products must be in the original
packaging and conform to minimum package quantity ("MPQ") requirements.
Products not eligible for return shall be returned to Buyer freight
collect. RMA Procedure OkSolar.com Reserves the
Right to Limit / Deny Returns.
6.
Warranty
Limited Warranty and Limitation of Liability
(a) Seller will transfer to Buyer any transferable warranties or
indemnities that the manufacturer of the Product or the third party
vendor/service provider provides to Seller. If such warranty is
not transferable to Buyer, then SELLER shall warrant the Product or
service in the same manner and to the same extent as if the original
manufacturer warranty had been transferable to Buyer. SELLER
SHALL HAVE NO LIABILITY TOWARDS BUYER BEYOND THE EXPRESS TERMS OF SUCH
MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE
QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY
VENDORS/SERVICE PROVIDERS. IT IS BUYER'S OBLIGATION TO REQUEST COPIES OF
ANY APPLICABLE MANUFACTURER WARRANTIES AND BUYER SHALL BE DEEMED TO HAVE
ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR
SERVICES.
(b) Seller's exclusive obligations with respect to a non-conforming
Product or Service shall be, at Seller's option, to repair or replace
the Product, if it is determined to be defective, or to re-perform the
Service, or to refund to Buyer the purchase price paid for the Product
or Service. Notwithstanding anything herein to the contrary, the
liability of Seller under this Section 6(b) for all claims shall not
exceed the sum of Buyer's payments for the Products or Services which
are the subject of the dispute and the foregoing is Buyer's sole and
exclusive remedy for all claims under this Section 6(b).
THE FOREGOING WARRANTIES ARE THE
SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH
THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND
WARRANTIES AGAINST LATENT DEFECTS.
(c) Replacement Products shall be warranted as set forth in Section 6(a)
above. Any Products repaired or serviced by Seller shall be warranted as
provided in this Section 6(b) for the remainder of the manufacturer's
warranty period.
(d) No warranty shall apply to any Product that has been subject to
misuse, improper testing, assembly, mishandling, or which has been
operated contrary to current instructions relating to installation,
maintenance or operation, or contrary to industry standards relating to
acceptable input power.
(e) Seller disclaims, and shall have no liability for any trademark,
trade dress, trade secret, copyright, design or patent infringement, or
any other intellectual property right, which may occur, as a result of
the sale of Products to Buyer. The only remedy or recourse for
trademark, trade dress, trade secret, copyright, design or patent
infringement, or any other intellectual property right, shall be against
the manufacturer of the Products which is explicitly subject to the
limited warranty of the manufacturer of the Product. There shall be no
remedy or recourse against Seller or the manufacturer to the extent the
infringement arises from or is otherwise based upon (i) the
manufacturer's compliance with the particular requirements of Buyer that
differ from the manufacturer's standard specifications for the Product;
(ii) modifications or alterations of the product other than by the
manufacturer; or (iii) a combination of the Product with other items not
furnished or manufactured by the manufacturer.
(f)
BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE
LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS,
REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT
OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES,
OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S RECOVERY FROM
SELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THE
PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE
CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL
NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER
HARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH BUYER'S
DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS
BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS.
IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN
ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR
INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, BUYER AGREES
THAT SELLER'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF
ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT
REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH
APPLICABLE LAW.
(g) Buyer acknowledges that this Agreement was entered into at arms
length and that it was not fraudulently induced to enter into this
Agreement, in whole or any part, and Buyer explicitly disclaims and
waives any claim with respect thereto.
Limitation of Liability1
UNDER NO CIRCUMSTANCES WILL OkSolar.com OR ITS AFFILIATES OR
SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY LOSS OF USE,
INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF
OkSolar.com OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Some states do not allow the exclusion or limitation of
incidental or consequential damages, so these limitations may
not apply to you. Neither OkSolar.com nor its affiliates or
suppliers will be held liable or responsible for any damage or
loss to any items or products connected to, powered by or
otherwise attached to the Product. The total cumulative
liability to Customer, from all causes of action and all
theories of liability, will be limited to and will not exceed
the purchase price of the Product paid by Customer. This
warranty gives the Customer specific legal rights and the
Customer may also have other legal rights that vary from state
to state.
7. Intellectual Property
If any Product includes software or other intellectual property, such
software or other intellectual property is provided by Seller to Buyer
subject to the copyright and user license, if any, for such Products,
the terms and conditions of which are set forth in the license agreement
accompanying such software or other intellectual property. Nothing
herein shall be construed to grant any rights or license to use any
software or other intellectual property in any manner or for any purpose
not expressly permitted by such license agreement. Buyer acknowledges
and understands that Seller is not the manufacturer of any Products
ordered or to be supplied to Buyer and is not liable to Buyer or any
third party for any copyright, design or patent issue, right or claim
that may arise in relation to any Product.
8.
Export Control/Use of Products
Buyer certifies that it will be the recipient of Products to be
delivered by Seller. Buyer acknowledges that the Products are subject to
the export and/or import control laws and regulations of various
countries including the Export Administration Laws and Regulations of
the United States. Buyer agrees to comply strictly with all U.S. export
laws and assume sole responsibility for obtaining licenses to export or
re-export as may be required and acknowledges that it shall not directly
or indirectly export any Products to any country to which such export or
transmission is restricted or prohibited. Products sold by Seller cannot
be transferred, sold or re-exported to any party on the Entity List or
Restricted Person List of the U.S. Department of Commerce, Bureau of
Export Administration (BXA), any party designated by the U.S. Treasury
Department's Office of Foreign Assets Control, and any party debarred or
sanctioned for proliferation or terrorism reasons by the U.S. State
Department. Products sold by Seller are not designed, intended or
authorized for use in life support, life sustaining, nuclear, or other
applications in which the failure of such Products could reasonably be
expected to result in personal injury, loss of life or catastrophic
property damage. If Buyer uses or sells the Products for use in any such
applications: (1) Buyer acknowledges that such use or sale is at Buyer's
sole risk; (2) Buyer agrees that Seller and the manufacturer of the
Products are not liable, in whole or in part, for any claim or damage
arising from such use; and (3) Buyer agrees to indemnify, defend and
hold Seller and the manufacturer of the Products harmless from and
against any and all claims, damages, losses, costs, expenses and
liabilities arising out of or in connection with such use or sale.
Export Information
9.
Technical Assistance or Advice
Any technical assistance or advice offered by Seller in regard to the
use of any Product or provided in connection with Buyer's purchases is
given free of charge and only as an accommodation to Buyer. Seller shall
have no obligation to provide any technical assistance or advice to
Buyer and if any such assistance or advice is provided, such fact will
not obligate Seller to provide any further or additional assistance or
advice. Seller shall not be held liable for the content or Buyer's use
of such technical assistance or advice nor shall any statement made by
any of Seller's representatives in connection with the Products or
Services constitute a representation or warranty, express or implied.
Installations must me made by licensed technicians.
Oksolar.com
is not responsible for any typographical errors. Neither OkSolar.com nor
GeneralCommunications.com, corp. is not responsible or liable for errors
in installations. We offer industry-standard installations
recommendations guide lines; proper installation is the
responsibility of the installers.
10. Limitation Period
Subject to any of the limitations expressed in the applicable
manufacturer's warranty, no action by Buyer may be brought at any time
for any reason against Seller or the manufacturer more than twelve (12)
months after the facts occurred upon which the cause of action arose.
11. Dispute Resolution
(a) Except for situations governed by Section 12, the parties agree that
any and all disputes, claims, or controversies arising out of or related
to the validity, interpretation or performance of this Agreement for all
Products delivered outside of Canada, and all Services performed outside
of Canada, shall be resolved pursuant to this Section 11 and that the
validity, interpretation and performance of this Agreement for all
Products delivered, and all Services performed hereto, shall be governed
by, and construed in accordance with, the internal law of Massachusetts,
without giving effect to conflict of laws principles. Both parties agree
that any action, demand, claim or counterclaim relating to the terms and
provisions of this Agreement, or to any claimed breach, shall be
commenced in a state or federal court located in the Commonwealth of
Massachusetts, and both parties expressly acknowledge that personal
jurisdiction and venue shall lie exclusively and is properly in
Massachusetts. Both parties further agree that any action, demand, claim
or counterclaim relating to the validity, interpretation and performance
of this Agreement, or any other matter between the parties, shall be
resolved by a judge alone in Massachusetts, and both parties hereby
waive and forever renounce the right to a trial before a civil jury.
(b) For all disputes to which this Section 11 applies and the amount, in
the aggregate, of the obligations arising out of this agreement equals
or exceeds $250,000, the validity, interpretation and performance of
this Agreement shall be governed by, and construed in accordance with
the laws of the State of New York, without giving effect to conflict of
laws principles, and the Federal Rules of Civil Procedure to any
dispute.
(c) With respect to all disputes, the provisions of the United Nations
Convention on Contracts for the International Sale of Goods 1980 (as
amended, replaced or codified from time to time) shall not apply.
12. Dispute Resolution
The validity, interpretation and performance of this Agreement for all
Products delivered to or in Canada, and all Services performed in
Canada, shall be governed by, and construed in accordance with the laws
of Quebec, without giving effect to conflict of laws principles. Both
parties agree that any action, demand, claim or counterclaim relating to
the terms and provisions of this Agreement, or to any claimed breach,
shall be commenced in a court of competent jurisdiction in the judicial
district of Montreal, Quebec, and both parties expressly acknowledge
that personal jurisdiction and venue shall lie exclusively and is
properly in Montreal, Quebec. With respect to all disputes, the
provisions of the United Nations Convention on Contracts for the
International Sale of Goods 1980 (as amended, replaced or codified from
time to time) shall not apply.
13. Force Majeure
Force Majeure: Seller shall not be liable for its inability to secure
sufficient quantities of any Product or failure to deliver due to causes
beyond Seller's reasonable control including, but not limited to, acts
of God, natural or artificial disaster, riot, war, strike, delay by
carrier, shortage of Product, acts or omissions of other parties, acts
or omissions of civil or military authority, Government priorities,
changes in law, material shortages, fire, strikes, floods, epidemics,
quarantine restrictions, acts of terrorism, delays in transportation or
inability to obtain labor, materials or Products through its regular
sources, which shall be considered as an event of force majeure excusing
Seller from performance and barring remedies for non-performance. In an
event of force majeure condition, the Seller's time for performance
shall be extended for a period equal to the time lost as a consequence
of the force majeure condition without subjecting Seller to any
liability or penalty. Seller may, at its option, cancel the remaining
performance, without any liability or penalty, by giving notice of such
cancellation to Buyer.
14. 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 nor shall Seller's acceptance of
a purchase order be deemed as an acceptance of any terms and conditions
therein.
15. Entire Agreement
This Agreement (together with any agreements, policies or terms
incorporated by reference) shall constitute the complete, final and
exclusive statement of the terms of the Agreement between the parties
with respect to the subject matter of this Agreement and the
transactions between the parties and shall not be modified or rescinded,
except by a writing signed by Seller and Buyer. 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. Products furnished and
services rendered by Seller are done so only in accordance with these
terms and conditions. If any provision of this Agreement are found to be
invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these terms and conditions, which shall remain in full force and
effect.
16. General
As used herein, terms appearing in the singular shall include the plural
and terms appearing in the plural shall include the singular. No rights,
duties, agreements or obligations hereunder may be assigned or
transferred by Buyer, by operation of law, merger or otherwise, without
the prior written consent of Seller. Any attempted or purported
assignment shall be void. Seller's obligations under these terms and
conditions may be performed by divisions, subsidiaries or affiliates of
Seller. The obligations, rights, terms and conditions hereof shall be
binding on the parties hereto and their respective successors and
assigns. The waiver of any provision hereof or of any breach or default
hereunder shall not be deemed a waiver of any other provision hereof or
breach or default hereunder. Any provision hereof which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof in that
jurisdiction or affecting the validity or enforceability of such
provision in any other jurisdiction.
17. Personal Data and Privacy
The use of any personal data collected or exchanged in connection with
any orders for Products shall be governed by Seller's Privacy Policy as
updated from time to time, the terms of which are incorporated herein by
reference as if fully set forth herein. A copy of Seller's Privacy
Policy may be obtained anytime from its Website.
PRICE
Orders are shipped at lower of current or quoted prices. Prices
printed in this catalog are stated in US dollars and are subject to
change without notice.
www.OkSolar.com
& General Communications reserves the right to correct typographical
errors. We may accept or reject any order in our sole discretion.
Your Order: All orders are processed upon receipt. However,
actual Shipping time is contingent upon availability of merchandise
and credit verification. Most orders are shipped within 48-72 hours.
in the event of delays, every effort will be made to reach you. If
the delay is due to backorder you will be given the choice to remain
on backorder, substitute the item or cancel the order. If you wish
to cancel your order and you pre-paid by check or money order, we
will be more than happy to send you a refund within 8-17 days.
FREIGHT & OTHER CHARGES
Freight charges are prepaid by us and added to your invoice plus a
small service/handling charge. Unless you indicate a preference, we
will ship "best way". Sales taxes will be charged as required by
law.
SHIPMENT
All shipments are F.O.B. origin, and title to the goods and risk of
loss passes from us to you upon placement of goods with the carrier.
Shipments may be insured at your request and cost. Orders placed
before 1PM local time are normally shipped the same business day.
Same day shipment of urgent orders may be arranged before 1PM local
time. Partial shipments are made only on specific request.
CREDIT & PAYMENT TERMS
Prepayment or COD is generally required for new or non-rated
accounts. CIA or CWO orders are allowed. Credit terms are given to
rated accounts, net 30 being standard. Available credit line amounts
are determined only by our credit department and depend upon credit
history, trade references and other business information we may
require, depending on the amount of credit requested. We may accept
checks, American Express, Visa or MasterCard depending on account
history. Prepayment is required for specifically ordered (custom)
goods. Late payment history or persistent late payments may result
in the account being placed with a collection service, immediate
restriction to cash terms and reasonable cost of collection being
added to amounts due. Invoices are rendered for all shipments.
Unless otherwise requested, statements are sent every month to aid
in customers' reconciliation of the amounts due.
Installations:
Oksolar.com is not responsible for any typographical errors. Neither
OkSolar.com nor GeneralCommunications.com, corp. is not responsible or liable
for errors in installations. We offer industry-standard installation guide
lines; proper installation is the responsibility of the installers.
Installations must me made by licensed technicians.
RMA RETURNS & CLAIMS
-->>
Returns must be expressly authorized by us and are subject to a
restocking fee More information click Here -->>
APPLICATIONS
By placing an order with us you have agreed to these terms and
conditions regarding that order and any subsequent orders, and no
modifications or other terms are binding on us without our prior
written approval. Florida law applies
You are responsible for
maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify us of any
unauthorized use of your registration or password.
Export Sales
If goods herein being purchased are being purchased for purposes of
export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In
addition, manufacturers' warranties for exported goods may vary or
even be null and void for goods exported outside the United States.
The Customer should inquire further regarding any questions. Any and
all liability is only for the products purchased.
Non-Personal Identification Information
We collect non-personal identification information through the use
of:
"Cookie" technology: A "cookie" is an element of data that a
web site can send to your browser, which may then store it on your
system.
"IP address tracking": An IP address is a number that is
assigned to your computer when you are on the Internet. When you
request pages from our Sites, our servers log your IP address.
"Web beacons": A Web beacon, or "clear gif", is a small
graphic image on a webpage or web-based document that a web site can
use to determine information about a user.
Non-personal identification information might include the browser
you use, the type of computer, technical information about your
means of connection to our site-such as the operating systems and
the Internet service providers utilized, and other similar
information. Our systems may also automatically gather information
about the areas you visit and search terms you utilize on our sites
and about the links you may select from within our site to other
areas of the World Wide Web or elsewhere online.
We use such information to administer the site and, in the
aggregate, to understand how our users as a group use the services
and resources provided on our sites. This way we know which areas of
our sites are favorites of our users, which areas need improvement,
and what technologies are being used so that we may continually
improve our sites.
We may share this aggregate statistical information with our
partners, suppliers and other third parties, but we will not share
any individual names, personal navigational or other personal
information. For example, we may use a third-party advertising
company to serve ads when you visit our Sites. We may share
demographic and preference information with this company to allow
them to display appropriate advertisements for you.
Some of our advertisers may display ads on our sites which solicit
or contain technology to collect information about our users for the
advertisers, but we will not permit such advertisers to collect any
personal information from our users within our sites.
Most browsers are set to accept cookies. You can set your browser to
refuse cookies, or to alert you when cookies are being sent. If you
do so, please note that some parts of the Sites, such as message
boards, chats, shopping, contests and game areas, may not function
properly.
The Sites are P3P enabled. P3P is a standardized set of
multiple-choice questions which cover the major aspects of a Web
site's privacy policies and which, taken together, present a clear
snapshot of how a site handles users' personal information.
P3P-enabled Web sites make this information available in a standard,
machine-readable format that P3P enabled browsers can "read"
automatically and compare to the user's own set of privacy
preferences. For example, Internet Explorer 6 requires third parties
that set cookies to deliver P3P compact cookie policies with their
cookies. IE6's default setting will test whether a cookie collects
personal information and allows an opt-out. IE6 users may change
their privacy level to a higher or lower level than the default
setting. P3P was developed by the World Wide Web Consortium (W3C), a
worldwide web standards setting organization.
Credit Card statement
will reflect your purchase at
www.OkSolar.com
www.OkSolar.com
a DBA GeneralCommunications.com Corp. Company
External Sites
This site may contain links to other sites on the Internet that are
owned and operated by third party vendors and other third parties
(the "External Sites"). You acknowledge that
www.OkSolar.com
is not responsible for the availability of, or the content located
on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on such
External Sites.
Partners Dealers
Distributors Terms and conditions
Creating the Partner Link
Once you have completed the online application you will be presented
with a set of guidelines and graphical artwork to use in linking to
the
www.OkSolar.com
website. To permit accurate tracking, reporting, and affiliate
referral fee accrual, we will provide you with a special link format
which includes your Referrer ID number to be used in all links
between your site and our
www.OkSolar.com
website. You must ensure that each of the links between your site
and our site properly utilizes the exact link format and Referrer ID
in order to obtain credit for any sales resulting from customers
coming to the
www.OkSolar.com
website from your link. The
www.OkSolar.com
Affiliate Referral program will capture the Affiliate's Referrer ID
and the linking websites URL. The URL must match a registered URL in
the Affiliates
www.OkSolar.com
Affiliate Referral registration in order to be eligible for credit
for purchases made by shoppers entering the
www.OkSolar.com
web site from the Affiliate's
www.OkSolar.com
Affiliate Referral link. You will only earn referral fees with sales
on our site occurring directly through your
www.OkSolar.com
Affiliate Referral link.
www.OkSolar.com
will not be liable to you with respect to any failure by you to
correctly configure the
www.OkSolar.com
Affiliate Referral link, by any failure resulting from issues of
internet connectivity, shopper behavior, web site or application
failure on your server or our server or any other such action which
may result in your affiliate referral not being credited for a sale
including to the extent that such failure may result in any
reduction of amounts which would otherwise be paid to you pursuant
to this Agreement.
Bonifide Orders
www.OkSolar.com
will process all qualified orders placed by customers who follow
www.OkSolar.com
affiliate links from your site to
www.OkSolar.com.
We reserve the right to reject orders that do not comply with any
requirements that
www.OkSolar.com
may from time to time establish.
www.OkSolar.com
assumes responsibility for all aspects of order processing and
fulfillment.
www.OkSolar.com
will prepare and maintain all order forms; process payments,
cancellations; and handle customer service.
www.OkSolar.com
will track sales made to customers who purchase products using
www.OkSolar.com
affiliate links from your site to our site and will make available
to you reports summarizing this sales activity. Report forms,
content, and frequency of the reports may vary from time to time at
our discretion.
Referral Fees
www.OkSolar.com
will pay approved affiliate referral partners (in accordance with
Sections 5 and 6 below) referral fees on designated Product sales to
third parties. For a Product sale to be eligible to earn a referral
fee, the customer must follow a
www.OkSolar.com
Affiliate Link from your site to our site, select and purchase the
Product during that shopping session, accept delivery of the
Product, and remit full payment to us. We will not, however, pay
referral fees on any Products that are purchased by a customer after
the customer has re-entered our site via a means other than the
www.OkSolar.com
Affiliate Link, even if the customer previously followed a link from
your site to our site.
You may not purchase products during sessions initiated through the
links on your site for your own use, for resale or commercial use of
any kind. This includes orders for customers or on behalf of
customers or orders for products to be used by you or your friends,
relatives or associates in any manner. Such purchases may result (in
our sole discretion) in the withholding of referral fees or the
termination of this Agreement. Products that are eligible to earn
referral fees under the rules set forth above are referred to as
"Qualifying Products."
In addition, you may not: (a) directly or indirectly offer any
person or entity any consideration or incentive (including, without
limitation, payment of money (including any rebate), or granting of
any discount or other benefit) for using
www.OkSolar.com
Affiliate Links on your site to access our site (e.g., by
implementing any "rewards" program for persons or entities who use
www.OkSolar.com
Affiliate Links on your site to access our site); or (b) post any
www.OkSolar.com
Affiliate Links on any Web site or other platform that is accessible
through any Internet Access Appliance. If we determine, in our sole
discretion, that you have offered any person or entity any such
consideration or incentive, or posted
www.OkSolar.com
Affiliate Links on any such Web site or platform, we may (without
limiting any other rights or remedies available to us) withhold any
referral fees otherwise payable to you under this Agreement and/or
terminate this Agreement.
Referral Fee Schedule
You will earn referral fees based on qualifying revenues according
to referral fee schedules to be established by us. "qualifying
revenues" are revenues derived by us from our sales of qualifying
products, excluding costs for shipping, handling, gift-wrapping,
taxes, service charges, credit card processing fees, and bad debt.
The current referral fee schedule is 4%. Others % are available to
Dealers and Distribuitors
Payment of Referral Commissions
www.OkSolar.com
will review all Affiliate Referral accounts approximately once
a quarter.
All accounts with affiliate referral fees totaling $25.00 or more
will be paid. Payment will be by check for the referral fees earned
on our sales of Qualifying Products that were purchased during that
month, less any taxes that we are required by law to withhold.
However, if the referral fees payable to you for any monthly period
are less than $25.00, we will hold those referral fees until the
total amount due is at least $25.00 or (if earlier) until this
Agreement is terminated. If a Product that generated a referral fee
is returned by the customer, we will deduct the corresponding
referral fee from your next monthly payment. If there is no
subsequent payment, we will send you a bill for the referral fee.
Policies and Pricing
Customers who buy products through this Program will be deemed to be
customers of
www.OkSolar.com
, Incorporated Accordingly, all
www.OkSolar.com
rules, policies, and operating procedures concerning customer
orders, customer service, and product sales will apply to those
customers. We may change our policies and operating procedures at
any time. For example, we will determine the prices to be charged
for products sold under this Program in accordance with our own
pricing policies. Product prices and availability may vary from time
to time. Because price changes may affect products that you already
have listed on your site, you may not include price information in
your product descriptions. We will use commercially reasonable
efforts to present accurate information, but we cannot guarantee the
availability or price of any particular product.
Identifying Yourself as a
www.OkSolar.com
Affiliate Referrer
We will make available to you a small graphic image that
identifies your site as a Program participant. You must display this
logo or the phrase
www.OkSolar.com
E-Commerce Partner" somewhere on your site. We may modify the text
or graphic image of this notice from time to time. You may not make
any press release with respect to this Agreement or your
participation in the Program without our prior written consent,
which may be given or withheld in our sole discretion. In addition,
you may not in any manner misrepresent or embellish the relationship
between us and you, or express or imply any relationship or
affiliation between us and you or any other person or entity except
as expressly permitted by this Agreement (including by expressing or
implying that
www.OkSolar.com
supports, sponsors, endorses or contributes money to any charity or
other cause).
Limited License
We grant you a nonexclusive, revocable right to use the graphic
image and text described in Section 8 and such other images for
which we grant express permission, solely for the purpose of
identifying your site as a
www.OkSolar.com
Affiliate Program participant and to assist in generating product
sales. You may not modify the graphic image or text, or any other of
our images, in any way. We reserve all of our rights in the graphic
image and text, any other images, our trade names and trademarks,
and all other intellectual property rights. You agree to follow our
Trademark Guidelines, as those guidelines may change from time to
time. We may revoke your license at any time by giving you written
notice.
Responsibility for Your Site
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
-
The technical operation of your site and all related equipment
-
Creating and posting Product descriptions on your site and
linking those descriptions to our catalog
-
The accuracy and appropriateness of materials posted on your
site (including, among other things, all Product-related
materials)
-
Ensuring that materials posted on your site do not violate or
infringe upon the rights of any third party (including, for
example, copyrights, trademarks, privacy, or other personal or
proprietary rights)
-
Ensuring that materials posted on your site are not libelous or
otherwise illegal
Liability
We disclaim all liability for these matters. Further, you will
indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents of your
site.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your
application and will end when terminated by either party. Either you
or we may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. Upon
the termination of this Agreement for any reason, you will
immediately cease use of, and remove from your site, all links to
our site, and all
www.OkSolar.com
and GeneralCommunications.com, Corp.
trademarks, trade dress and logos, and all other materials provided
by or on behalf of us to you pursuant hereto or in connection with
the Affiliate Referral Program. You are only eligible to earn
referral fees on our sales of Qualifying Products occurring during
the term, and referral fees earned through the date of termination
will remain payable only if the related orders are not canceled or
returned. We may withhold your final payment for a reasonable time
to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a
change notice or a new agreement on our site. Modifications may
include, for example, changes in the scope of available referral
fees, referral fee schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON
OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between
the parties. You will have no authority to make or accept any offers
or representations on our behalf. You will not make any statement,
whether on your site or otherwise, that reasonably would contradict
anything in this Section.
Limitation of Liability
We will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits, or data) arising in
connection with this Agreement or the Program, even if we have been
advised of the possibility of such damages. Further, our aggregate
liability arising with respect to this Agreement and the Program
will not exceed the total referral fees paid or payable to you under
this Agreement.
Disclaimers
We make no express or implied warranties or representations with
respect to the Affiliate Referral Program or any products sold
through the Affiliate Referral Program (including, without
limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course
of performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted
or error-free, and we will not be liable for the consequences of any
interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
This Agreement will be governed by the laws of the United States and
the state of Florida, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the
federal or state courts located in Miramar, Florida and you
irrevocably consent to the jurisdiction of such courts. You may not
assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of, and enforceable against
the parties and their respective successors and assigns. Our failure
to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
Changes to our Policy
Our Policy is intended to provide you with the safest and most
secure shopping experience possible.
Since offerings and technologies change, we reserve the right to
change, modify, add or remove portions of our
www.OkSolar.com
Privacy Policy at any time without prior notice. Please periodically
review our Privacy Policy for changes.
Store translation policy
In the event that any statement made in a translated version of
www.www.www.OkSolar.com.com.com's
website conflicts with any statement made in the English version of
www.www.www.OkSolar.com.com.com.com
website, the statement made in the English version will
prevail.
If you have any questions, or would like further clarification,
please contact our Customer Service department
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