Payment Terms. Payment terms are as set forth above. All amounts past due are subject to interest at the rate of 1 ½% per month. Buyer shall be solely responsible for the payment of any and all costs Solar Connections International, Inc. incurs to collect any amounts due and owing including, but not limited to, collection agency fees, court costs and attorney’s fees and costs. Buyer acknowledges that Solar Connections International, Inc. may suspend or refuse credit to Buyer and/or require full payment prior to shipment. Solar Connections International, Inc. is not obligated to fulfill any order(s) if Buyer is in default under this or any other contract with Solar Connections International, Inc., or upon the insolvency or dissolution of Buyer.
Shipping. All shipping costs are paid by Buyer. Risk of loss shall pass to Buyer upon delivery by Solar Connections International, Inc. to the carrier at the point of shipment. The Purchaser must notify Solar Connections International within 24 hours of any missing or damaged items. The Purchaser is responsible for all related shipping costs. Under no circumstance will Solar Connections International be liable to any party for damages of any nature whatsoever including, but not limited to, those resulting from the delivery of the product.
Returns. Solar Connections International, Inc. will accept the return of its’ MILL FINISH products only. Any such mill finish products returned will be accepted only if deemed to be defective at the sole discretion of Solar Connections International, Inc. All returns must be received by Solar Connections International within 30 days of Buyer’s receipt of the order. Products returned must be in the original packaging, unused and in production by Solar Connections International, Inc. at the time of return. All returns are subject to a restocking fee equal to 20% of the total cost of the original order, including all shipping costs. For all products other than mill finish products, ALL SALES ARE FINAL AND NO RETURNS WILL BE ACCEPTED.
Layout. Solar Connections International does not perform an independent site inspection. All Solar Connections International, Inc. layouts including, but not limited to, number of rows and product quantities are recommendations only based solely on the information provided by the Buyer, in addition to the project’s geographical location, roof pitch, length of run and type of roof system. Buyer makes this purchase based on project specifications and its own evaluation and not by reason of any statement made or purported to have been made by or on behalf of Solar Connections International makes no warranty of any kind, express or implied, including but not limited to, any warranty of merchantability or warranty of fitness for a particular purpose.
Architect/Engineer/Structural Engineer Review. Solar Connections International is not licensed to provide design, architecture or engineering services and does not provide stamped or otherwise certified calculations of any kind. Solar Connections International is not required to ascertain that any Solar Connections International recommendations or products are in compliance with applicable laws, statutes, building codes, ordinances or rules and regulations of any kind. All Solar Connections International recommendations are simply recommendations only which are subject to verification by the project Architect/Engineer and by the project’s structural engineer to ensure that the building structure can withstand the projected load. If professional design services or certifications are required, such services and certification shall be specified in advance by Buyer and performed by a licensed design professional for an additional expense payable by Buyer. Solar Connections International does not assume any liability therefore.
Project Specifications and Drawings. Any review of project specifications or preparation of drawings by Solar Connections International is as a material supplier only and not as a licensed design professional. Solar Connections International is not liable for discovering errors, omissions or inconsistencies in the specifications, or for ascertaining if the specifications are in compliance with applicable laws, statutes, building codes, ordinances or rules and regulations of any kind. Drawings prepared by Solar Connections International are upon request only to illustrate Solar Connections International products only and do not constitute a representation by Solar Connections International that it has verified field measurements, field conditions or any other construction criteria applicable to the project. Solar Connections International is not liable for coordination of drawings prepared by Solar Connections International with any other project requirements or contract documents.
Installation. Solar Connections International strongly recommends that these products be installed by a qualified contractor who will have the knowledge and ability to properly install the product. Solar Connections International does not take any responsibility for acts, errors or omissions of the installer and cannot be held responsible in any way for product installation. Solar Connections International does not provide any warranty on the installation of any of its product. Solar Connections International will not be responsible for misapplication of the product, incorrect materials or defects that were obvious at the time of installation. Any warranty claim shall be limited to Solar Connections International’s cost of material on the product determined to have a manufacturer’s defect only, and in no event will Solar Connections International be liable for any damages, schedule delays or additional labor.
Warranties and Limits of Liability. Any warranty claim shall be limited to Solar Connections International’s cost of material on the product determined to have a manufacturer’s defect. In no event shall Solar Connections International be liable to any party for any direct, indirect, consequential, incidental or special damages, whether in contract or tort and expressly disclaims liability for any damages of any kind arising under any theory of law whatsoever. The performance of the product depends on the Purchaser’s adherence to Solar Connections International’s recommended spacing and layout and an installation in conformance with Solar Connections International’s installation instructions. Solar Connections International will not be responsible to Purchaser for any deviations therefrom. Solar Connections International makes no warranty of any kind, express or implied, including but not limited to, any warranty of merchantability or warranty of fitness for a particular purpose.
Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Illinois. Any and all disputes arising hereunder shall be heard and resolved in the appropriate court of McHenry County, Illinois and Buyer submits to personal jurisdiction in Illinois and agrees that such court shall have exclusive jurisdiction over the subject matter. Buyer waives any objection to such jurisdiction including, but not limited to, forum non conveniens.
Entire Agreement and Acceptance. These terms and conditions constitute the entire agreement of the parties and any and all modifications hereto are to be in writing signed by both parties. Execution of this Agreement, the Buyer’s placement of an order and/or payment of any amount to Solar Connections International, Inc. shall constitute a binding acceptance of this Agreement and the aforesaid terms and conditions and shall bind Buyer to Solar Connections International, Inc. for all amounts due and owing.
