Quotations & Orders
1. The quotation is in USD unless otherwise indicated and is based on information provided to 360Solar Lighting at time of quotation, i.e. location, application, operating profile, etc., and is the responsibility of the purchaser to confirm that said information is accurate.
2. Orders are not considered accepted until Purchaser receives an order confirmation from 360Solar Lighting.
3. Unless otherwise noted, pricing is FOB Irvine, California USA with title to goods and risk of loss passing to Purchaser immediately upon shipment from 360Solar Lighting’s facility, and is exclusive of transportation, duties, VAT, sales tax, inspection fees, storage fees, or any other levies required by Local, State, Federal or Country law or regulations.
Payment
4. Payment is to be made in USD per the price and terms of the quotation and unless otherwise noted is 100% due at time of order. Credit terms may be available purchasers based upon previous business transactions with 360Solar Lighting and/or approval upon review of a completed credit application.
5. Purchaser shall not be entitled to withhold payment of any invoice by reason of any right of set-off or counter-claim.
6. 360Solar Lighting will be entitled to recover interest on all overdue payments for goods shipped at the highest interest rate allowed by law.
7. Credit card payment can be accepted at the sole discretion of 360Solar Lighting, for an amount lower than $5,000 and are entitled to an extra fee in the amount of 6% of the total amount of the purchase.
Cancellation & Returns
8. Cancellation charges of 10% or $1000 (whichever is greater) will apply to orders canceled in writing within 48 hours of placing the order. After 48 hours, the order cannot be canceled.
Freight & Delivery
9. Purchaser must make arrangements to properly receive, and if necessary, store the goods. If Purchaser refuses or fails to take delivery of the goods, they shall still be deemed to have been delivered and 360Solar Lighting shall be entitled to arrange storage either at its own premises or elsewhere on Purchaser’s behalf and at Purchaser’s risk and expense, subject to Item 10. below.
10. Any transportation, unloading, reloading, storage or other fees incurred by 360Solar Lighting as a result of Purchaser’s inability to take delivery of goods for any reason shall be the responsibility of the purchaser and shall be charged back to Purchaser at actual cost (inclusive of legal expenses) plus 18%, and shall be due immediately.
11. Delivery from 360Solar Lighting is to be in a single shipment unless otherwise noted on the Purchase Order. Poles may be shipped separately direct from the supplier if the supplier is other than 360Solar Lighting.
12. Shipping lead times provided by 360Solar Lighting at time of quotation and subsequently at order confirmation are based on many factors, some of which are out of the direct control of 360Solar Lighting and as such are subject to change. Under no circumstances shall 360Solar Lighting be held liable for consequential or other direct or indirect damages or loss suffered by Purchaser as a result of 360Solar Lighting inability to meet the expected shipping lead times stated, nor for any delays which occur during transportation.
13. Shipments must be checked upon arrival for shortages or damages in transit, with any reports of shortages or shipping damages needing to be communicated in writing to 360Solar Lighting within five (5) business days of receipt of goods.
14. Goods shall perform per standard product or specification sheets and/or indicated on Submittal Drawings (if provided). No additional performance guarantees apply unless supplied by 360Solar Lighting (in writing), specific to this Purchase Order. System sizing and information is based on original information provided by Purchaser to 360Solar Lighting.
15. 360Solar Lighting reserves the right to substitute items, components, etc. that are materially equal in performance to those ordered and/or shown on Submittal Drawings (if provided).
Warranty
20. 360Solar Lighting warrants to Purchaser that at the time of delivery, the goods sold hereunder will substantially conform to the product description and be free of defects in workmanship and material based on 360Solar Lighting’s Order Acknowledgement and current Warranty Statement. 360Solar Lighting liability and Purchaser’s remedy under 360Solar Lighting warranty is limited to the replacement of any defective item, but under no circumstance shall exceed the purchase price of the goods. Other warranties may be available for an additional cost with additional coverage and/or labor allowance included.
21. Warranty specifically excludes any goods which have been (1) subjected to misuse, neglect or accident; (2) altered or tampered with; (3) employed for a non-approved purpose; (4) deployed in an abnormal or inconsistent manner from 360Solar Lighting written and verbal instructions; (5) installed or operated with advice, electrical components or systems not supplied by 360Solar Lighting without prior written approval.
22. Any repair cost not approved by 360Solar Lighting will not be reimbursed.
23. Purchaser is responsible for any and all costs involved to service and/or replace defective good including labor, shipping, and rental of equipment.
Miscellaneous
24.No modifications to any terms contained herein shall be allowed unless confirmed in writing by an officer of 360Solar Lighting.
25. 360Solar Lighting will not accept any back charges, non-payments or liquidated damages for any reason.
26. Goods will be invoiced immediately upon shipment.
27. Purchaser shall reimburse 360Solar Lighting for all costs and expenses (including legal costs) incurred in the defense of 360Solar Lighting rights as outlined and defined in this document.