Terms and Conditions
READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
BY ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These terms and conditions (“Terms”) apply to the purchase of products and services though our site www.amsolar.com (the “Site”). These Terms are subject to change by A.M. Solar, Inc. (referred to as “us”, “we”, or “our”) without prior written notice at any time, in our sole discretion. Your use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1. ORDER ACCEPTANCE AND CANCELLATION.
Your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We reserve the right, at any time after receipt of your order, to accept, decline, or limit your order for any reason. After having received your order, we will send you a confirmation with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order conformation. Once an order has been placed, it cannot be canceled unless delivery is unavoidably delayed, in which case we will cancel the order if requested.
1.1 RIGHT TO REFUSE SERVICE. AM Solar will never discriminate because of a customer’s national origin, age, sex, religion, color, or race. AM Solar may reserve the right to refuse service to hostile customers to protect the well-being of our employees.
The price charged for a product or service will be the price in effect at the time the order is placed and will be set forth in your order confirmation. Unless otherwise noted, posted prices do not include taxes or charges for shipping and handling. Applicable taxes and shipping charges will be added to your total purchase price in your shopping cart and set forth in your order confirmation. All prices posted on the Site are subject to change, without notice. We are not responsible for pricing errors that the Site may display and we reserve the right to cancel any orders arising from such errors.
3. PAYMENT TERMS.
Terms of payment are within our sole discretion. Unless otherwise agreed by us in writing, payment for products must be received by us before our acceptance of an order. Payments for orders that include services, e.g. equipment installation, may require you make a non-refundable deposit at the time we accept your order. We accept credit cards and electronic payment, for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) charges incurred by you will be honored by your financial institution, and (iii) you will pay charges incurred by you at the posted prices, including any applicable taxes. We may collect payment information directly from you, or we may choose to partner with third-party payment processors. Third-party payment processors have access to your payment information as needed to perform their functions.
4. DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES.
4.1 We will arrange for shipment of the products to you consistent with any specific delivery option selected by you. You will pay all shipping and handling charges as specified during the ordering process. Shipping and delivery dates are estimates and are not guaranteed. Title and risk of loss pass to you upon our transfer of the products to the carrier.
4.2 With respect to purchases of services, you shall (i) cooperate with us in all matters relating to such services, including providing access to your materials as may be reasonably requested for the purposes of performing the services and (ii) respond promptly to reasonable requests for direction, information, approval, or other decisions as necessary to perform the services. We shall use reasonable efforts to meet any performance dates to render the services and any such dates shall be estimates only.
5. RETURNS AND REFUNDS.
We will accept a return of the products for a refund of your purchase price, not including original shipping and handling costs, providing such a return is made with 30 days of shipment and provided that such products are returned in their original condition. You are responsible for all shipping and handling charges on returned products and you bear the risk of loss during shipment. All returns are subject to a 5% restocking fee.
6. MANUFACTURER’S WARRANTY.
We do not manufacture or control any products offered on our Site and we do not provide any warranties with respect to the products offered on our Site. However, products offered on our site may be covered by a manufacturer’s warranty and to obtain warranty service, as applicable, for defective products please follow the instructions included in the manufacturer’s warranty.
7. DISCLAIMER; LIMITATION OF LIABILITY.
Except as otherwise set forth herein, PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ANY APPLICABLE WARRANTY OBLIGATIONS TO YOU.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. PRIVACY AND CUSTOMER INFORMATION.
9. FORCE MAJEURE.
We will not have any liability under or be deemed to be in breach of these Terms for failing to comply with any obligation because of a Force Majeure Event. A “Force Majeure Event” means Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services; and in case of economic recession.
10. GOVERNING LAW.
These Terms shall be governed by the laws of the State of Oregon excluding its conflict of law provisions. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Lane County, Oregon, and you hereby consent to such jurisdiction and venue.
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void.
No waiver by us of any right or provision of these Terms is a waiver of any right arising out of a subsequent breach of the same or a breach of any other right or provision or a waiver of the right or provision itself.
13. NO THIRD PARTY BENEFICIARIES.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforce’ability of the remaining provisions of these Terms.
15. ENTIRE AGREEMENT.
ADDITIONAL TERMS FOR AM SOLAR PURCHASE ORDERS
All transactions are subject to the standard terms and conditions of A.M. Solar Inc. (Company), located at [www.amsolar.com/terms]. To the extent there is any conflict between the standard terms and conditions and this purchase order, the purchase order shall control.
DEPOSITS. Due to the high demand for our services, and having a limited number of installation bays, scheduling for service must be carefully controlled and calendared. Cancellations or rescheduling impact Company’s business due to lost work opportunities and gaps in the work schedules of our employees. Company therefore requires a deposit on the following terms, to encourage customer follow-through and offset the costs described above.
For all service orders of $5,000 or more in the aggregate: Customer will pay a deposit of 30% of the total service order price at the time of placing the service order for orders with a service date 30 days or more from the date of the order, and a deposit of 45% of the total service order price for orders with a service date that is within 30 days. In the event customer cancels or reschedules the scheduled service: (a) at least 30 days prior to the originally scheduled service date, Company will refund the deposit in full in the case of cancellation, and continue to hold the deposit on the terms herein in the case of rescheduling; or (b) within 30 days of the originally scheduled service date, Company will refund one-half of all deposits, and the other half shall be non-refundable, with an additional deposit of 15% of the total service order due for rescheduling.
INVERTERS. Due to the delicate nature of the electronics and the cost of shipping, all inverter sales are final and nonrefundable. Direct any questions about the manufacturer’s warranty on your unit after sale to the manufacturer’s technical support services (we will attempt to assist you in contacting them to the extent needed).
SECOND OWNERS. For $150, a second owner can get two hours of our time and a $50 credit on materials. During the two hours, we can do a walkthrough and system check. If any work needs to be done, the remainder of that two hours is free, but everything else is at the normal shop rate. The $50 credit can go to supplies for any work that needs to be done, or it can be applied to a system expansion, if feasible.
DISCLAIMER; LIMITATION OF LIABILITY. Except as otherwise set forth herein, PRODUCTS AND SERVICES OFFERED BY A.M. SOLAR, INC. (COMPANY) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ANY APPLICABLE WARRANTY OBLIGATIONS TO YOU.
THE PRECEDING REMEDIES ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND COMPANY’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. COMPANY’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL COMPANY UNDER ANY CIRCUMSTANCES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.