(1) Approved Customers and Price List :
Orders can be placed with SUN ENERGY SYSTEMS by all approved
Customers. Approval is subject to Solar Power’s sole
opinion. Contact our sales staff for more information.
(2)
Orders :
All orders placed by Customer will be binding
even if no expressive written order conformation is given by
SES. Written order confirmations by SES will be binding for
solar Modular Lighting and water heater must include
delivery dates, quantities and complete description of
Products or item code being purchased. There will be a 15%
cancellation fee for orders that
(i) are changed more than 48 hours after placement of orders or
(ii) have already been shipped or
(iii) have already been placed with and confirmed by solar
Power.
(3) Minimum Order Size :
The minimum
Order size is one 20 ft container load or 100 panels.
(4)
Prices :
Prices that SES quotes are valid for 14 days unless otherwise specified. Prices otherwise displayed by SES for example on the price list are subject to change without notice. Prices do not include any federal or state taxes, or other government 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 ,by either T/T or LKC at sight, visa credit card
or approved credit payment terms. SES charges an additional
fee of 1% of the invoice amount for credit card Payment and
1.5% per month sale and/or under credit term. For
pre-payment by cheque or wire transfer a 1% discount is
offered.
SES reserves the right to establish and/or change credit and
payment terms extended to customer when ,in SES’s sole
opinion, Customer’s financial condition or previous payment
record warrants that action. Solar Power will consider
granting credit to long-term customers that have placed a
minimum order volume of US$60000 through at least two
separate transactions with us over the last 12 months. SES
will also consider granting credit to new customers that are
anticipating regular, monthly business and are placing a
minimum order of US $35,000.contact SES and request a credit
facility with SES.
All late payments shall be charged interest computed and
compounded on a daily basis from the due date until paid in
full at the rate of one-half percentage (1.5%) per month or
the maximum rate permitted by law, whichever is less. On
delinquent accounts, SES shall not be obligated to continue
performance under any agreement with Customer.
Applicable VAT ,sales taxes will be charged on all Orders
until a valid resale certificate is on file. Charges for
sales taxes will not be refunded on any orders placed prior
to receipt of your certificate.
(6) Freight Charges and Rush Fees :
All prices are F.O.B
point of origin ex works SES, V.V.Nagar INDIA. SES charges
the actual shipping cost or allows dealer to make its own
shipping arrangement for picking up ex-works SES.
(7) Returns Policy :
No merchandise may be returned
without prior authorization from SES. if the return is
authorized, 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 SES. All
other purchasers must return Products through the dealer
from whom they purchased Products. Solar Power will credit
the Purchase Price of all normally stocked merchandise
returned in new condition, in original packaging, within 30
days of purchase. There will be a 15% restocking charge on
merchandise returned after 30 days.
(8) Warranty Repairs :
All warranty repairs must be done
by the manufacturer. Contact sesin2009@gmail.com
(9) Security Interest :
SES retains a security interest
in the products delivered to Customer, 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. if customer fails to pay any amount when due, SES
shall have the right to repossess and remove all or any part
of the Collateral from customer but not from customer’s
customers. Any repossession or removal shall be without
prejudice to any other remedy of SES hereunder ,at law or in
equity. Customer agrees from time to time to take any act
and execute and deliver any document (including, without
limitation, financing statements) reasonably requested by
Solar Power to transfer, create, perfect, preserve, protect
and enforce this security interest.
(10) Statute of limitations :
No action by customer may be brought any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
(11) Limitations of Liability :
The Liability of SES
hereunder for all claims shall not exceed the sum of
customer’s payments for the products which are the subject
of the dispute. SES assumes no ability for Consequential
damages, anticipated or lost profits, incidental damages,
loss of time, or other losses incurred by customer or any
third party in connection with the Products.
(12) Covering law :
The construction ,interpretation and
performance of this agreement and all transactions under it
shall be governed by the laws of the INDIA. SES and Customer
specifically exclude the application of the united nations
convention on contacts for the international sale of goods
to this agreement.
(13) 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 national courts in the Republic of
INDIA 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.
(14) Force Majeure :
Except for the payment of money
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 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 of 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.
(15) Non-Waiver :
No course of dealing or failure of
either party to strictly enforce any term, right or
condition of this Agreement shall be constructed as a waiver
of that term, right or condition.
(16) 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 parties with respect to the subject
matter of this Agreement. |