Store Policies

SUSTAINABLE SOLAR SOLUTIONS INC.   TERMS AND CONDITIONS OF SALE

Notwithstanding any different or additional terms that may be embodied in Buyer’s order, such order of Product(s) or services is accepted only on the condition that Buyer assents to the terms and conditions of Sustainable Solar Solutions, Inc., an Oregon corporation (hereinafter referred to as “Seller”) contained herein.  The failure of Buyer to object to any of the terms and conditions hereunder in writing shall constitute assent hereto.

All orders must be in a writing which includes a sales order acknowledgement, purchase order number, Sustainable Solar Solutions, Inc., agreement for the sale of Product(s) and services and must be received by Seller by mail, courier, facsimile or e-mail.  Seller reserves the right to refuse any order based on an error in price or quotation.  Modification of any order must be confirmed in writing.  Seller takes exception to and hereby objects to all hold harmless and indemnity provisions, either express or implied, set forth in Buyer’s order that seek to impose liability on Seller.

Terms of sale are net payment of purchase price and freight and shipping upon order origination, unless otherwise specified in an Invoice.

Credit account(s) are subject to credit application review and approval. Purchase price and freight and shipping charges are subject to change without notice.  In addition to such purchase price and freight and shipping charges, Seller will add in all cases, unless an exemption certificate is on file with Seller, any applicable sales, use, compensating, intangibles, gross income or like tax, any import/export tariff duties and any similar charges levied by any governmental authority in connection with this purchase, and Buyer agrees to pay all such taxes, tariffs and charges.  Buyer hereby agrees to indemnify and hold harmless Seller against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from Buyer’s failure to comply with the terms of this paragraph.

Delivery or ship dates are not guaranteed and delinquency in delivery will not constitute grounds for chargeback, reserves, setoff or other damages or claims of damages against Seller unless specified delivery or ship dates are requested by Buyer and expressly agreed to in writing by Seller.  Consistent with industry custom and practice, Seller will deliver Product(s) and services to Buyer’s specified address even if there is no one there to sign for the Product(s), unless Buyer instructs Seller otherwise in writing.  Unless expressly stipulated otherwise in writing, sales are F.O.B. point of shipment.  All claims for shortage or allowances must be made in writing on the date of delivery.

All sales of Product(s) and services are final.  Special order and non-stock Product(s) are non-cancellable and non-returnable.  Product(s) that are normally carried in Seller’s inventory may be returned “unused” within 30 days from the date of receipt for credit only, provided that (a) such Product(s) are in resalable condition or are in their original packaging, and (b) Seller has provided its prior written authorization for the return of such Product(s).  All such returned Product(s) must be accompanied by a copy of the invoice, a Return Merchandise Authorization (RMA) from Seller and a restocking charge in the amount of 15% of the purchase price.

ALL WARRANTIES ON THE PRODUCT(S) ARE THOSE MADE BY THE MANUFACTURER OF THE PRODUCT(S).  SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING THE PRODUCT(S) OR MATERIALS DESCRIBED HEREIN  AND BUYER ACCEPTS THE PRODUCT(S) OR MATERIALS AS IS.  THE REMEDIES AVAILABLE TO BUYER (s) ARE LIMITED TO THOSE AVAILABLE UNDER THE MANUFACTURER’S WARRANTY. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON OR ENTITY TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF PRODUCT(S), MATERIALS OR SERVICES UNLESS OTHERWISE EXPRESSLY PROVIDED IN A SEPARATE DOCUMENT.    

Seller shall not be liable to Buyer for any loss or damage suffered by Buyer, directly or indirectly, as a result of Seller’s failure to perform or delay in performing any obligation under this order where such a failure or delay is caused by labor troubles (including, without limitation, strikes, slow-downs and lockouts), civil disturbance, war, acts of terrorism, weather, government regulations, inability to obtain or revocation of export or import licenses, interruptions of or delay in transportation, materials shortages, power failures, accident or other cause of like or different character beyond Seller’s control. Seller shall not be liable in contract or in tort for special, indirect, incidental or consequential damages, including but not limited to loss of profits or revenue.  In any event, Seller’s liability shall never exceed the purchase price of the Product(s) or services provided. 

Buyer, if it is the end-user of Product(s) or Solar Array(s), acknowledges that installation of Product(s) or Solar Array(s) are inherently dangerous and complex, and agrees to employ the services of a licensed and bonded electrical contractor or electrician for purposes of such installation.  Buyer hereby agrees to indemnify and hold harmless Seller against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from Buyer’s failure to comply with the terms of this paragraph or any negligent act or omission of Buyer or its electrical contractor or electrician with regards of the installation of Product(s) or Solar Array(s)

These terms and conditions will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.  Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these terms and conditions will be brought in Multnomah County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and Buyer consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.

With respect to any dispute relating to these terms and conditions, or in the event that a suit, action, arbitration or other proceeding of any nature whatsoever is instituted to interpret or enforce the provisions of these terms and conditions, including, without limitation, any proceeding under the U.S. Bankruptcy Code and involving issues peculiar to federal bankruptcy law or any action, suit, arbitration or proceeding seeking a declaration of rights or rescission, the prevailing party shall be entitled to recover from the losing party its reasonable attorney fees, paralegal fees, expert fees and all other fees, costs and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial, arbitration or other proceeding, or on any appeal or review, in addition to all other amounts provided by law.

If any provision of these terms and conditions is invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of these terms and conditions will not be in any way impaired.

 05/01/2008

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