Terms and Conditions

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1. Scope and Applicability. All quotations, orders, contracts, agreements, purchase orders, and invoices are subject to the Standard Terms and Conditions set forth herein.

ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO AND REJECTED BY SOLU SOLAR DISTRIBUTION LLC (“SOLU”), SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE PERFORMED HEREUNDER, AND SHALL NOT BE BINDING IN ANY WAY ON SOLU.

2. Quotations and Orders. A SOLU quotation may normally be accepted by Customer in writing within seven (3) days from its date or within the period of time otherwise stated in the quotation, whichever is less. Customer’s acceptance of a SOLU quotation shall be considered an offer for the Customer to buy that shall be subject to SOLU's confirmation and which will, upon SOLU's confirmation, create a binding contract between the parties.

ALL ORDERS ARE SUBJECT TO AVAILABILITY AT THE TIME OF ORDER, INVENTORY IS NOT GUARANTEED UNTIL THE BUYER RECEIVES AN ORDER CONFIRMATION FROM SOLU.

3. Shipping, Title, Risk of Loss, and Delivery. Risk of loss or damages of the goods shall pass to the Buyer upon Shipment no matter who bears the transportation costs. In the absence of shipping directions from Customer and without SOLU incurring any liability, products will be shipped by the method and via carrier that SOLU believes dependable. The carrier shall not be an agent of SOLU. SOLU will not be liable for any damage to goods while such goods are in transit. SOLU shall have no responsibility or liability for goods shipped directly from the manufacturer.

 4. Acceptance. Complaints about the goods shall be made in writing and must reach SOLU no later than seven (7) days from the date of discovery in respect of any defect, default or shortage which would be apparent from a reasonable inspection on delivery, but in no event later than one (1) month from the date of receiving the goods. 

The Buyer carries full burden of proof for the complete prerequisites of the claims, particularly for the defects themselves, for the determination of the existence of the defects, the exact time of the appearance of the defects, and for the timeliness of the report of the defects.

5. Delivery Dates. Stated estimated delivery schedules or dates are good faith estimates only and not a commitment as to delivery on specific dates. SOLU will attempt to ship the products or provide the services within the estimated times reflected on the quotes and tracking reports but will not be liable for any failure to do so. SOLU SHALL NOT IN ANY EVENT BE LIABLE IN DAMAGES, WHETHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHERWISE, FOR ANY DELAY IN SHIPMENT, DELIVERY OR PERFORMANCE.

6. Return Policy. All claims for damages, shortages or errors must be made before Acceptance as defined above, must be in writing with pictures when applicable, and must specify with particularity the nonconformity. Returns require prior written authorization from SOLU and are subject to the then effective Return Material Policy of SOLU (including without limitation a 15% restocking fees) and no credit will be allowed for goods returned without prior written authorization from SOLU.

7. Warranty Disclaimer and Limitations of Liability to All Customers. SOLU (A) DOES NOT MANUFACTURE THE GOODS IT SELLS AND MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES THEREON OR WITH RESPECT THERETO AND SELLS THE GOODS AS-IS, WHERE-IS AND (B) MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES REGARDING ITS SERVICES OR THOSE OF ANY SUBCONTRACTOR AND PROVIDES ALL SUCH SERVICES AS-IS, WHERE-IS. If there is a manufacturer’s warranty with respect to goods acquired by Customer from SOLU, SOLU is not a party to such warranty and such warranty is between the manufacturer and the Customer. 

8. Limitation of Damages and Remedies. SOLU ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. 

9. Governing Law; Jurisdiction. All orders and these Standard Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of CALIFORNIA without regard to its conflict of law provisions.

10. Canceled Orders. Accepted orders or other contracts or agreements between the parties, may only be canceled or altered with SOLU's express written consent. In the event that Customer cancels an order for any reason, SOLU shall be paid a reasonable restocking fee of 15%, plus actual direct costs incurred by SOLU resulting from cancellation.

11.  ADCVD Tariff Responsible and Obligation.

For all relevant modules purchased and installed by December 3, 2024, the buyer is responsible for any applicable taxes. Any subsequent responsibilities also lie with the buyer.

The buyer must cooperate with SOLU in accordance with the 2024 ADCVD documentation requests.