General Terms. The terms and conditions stated herein shall govern all sales of products made by Solar Raceway LLC (“Seller”) regardless of the terms and conditions stated in any purchase order submitted by the purchaser ("Buyer"). Solar Raceway hereby disclaims and rejects any terms and conditions appearing in a purchase order from Buyer that are in addition to, or inconsistent with the terms and conditions stated herein. Any such additional or inconsistent terms and conditions shall not be a part of the sales agreement. The terms and conditions stated herein shall govern over any other sales agreement.
Quotation and Prices. All quotations are subject to the terms and conditions stated herein. Buyer is responsible for providing Solar Raceway their requirements of length or quantity of our product in their request for pricing. All quotations are firm and valid for the period of time specified on the quotation. Buyer will be billed at the price quoted to Buyer at the time of Solar Raceway’s acceptance of the order. Unless otherwise stated in writing by Solar Raceway, all prices quoted and billed are exclusive of taxes (including, without limitation, any use tax, sales tax, VAT or similar tax), insurance, and delivery fees. Buyer shall pay any and all such shipping charges, taxes, customs fees, duties and other charges related thereto, and shall hold Solar Raceway harmless therefrom. Budgetary quotations and estimates are for preliminary information only and shall neither constitute firm offers, nor impose any responsibility or liability upon Solar Raceway.
Purchase Order. No orders are processed until Buyer has submitted a written request or purchase order. Purchase orders shall state: the products ordered, quantity; requested delivery dates; billing address; and shipping address. Solar Raceway reserves the right to accept or reject all orders and to cancel any orders in Solar Raceway's sole discretion.
Sales Tax. When applicable, orders are subject to sales tax unless a current New York State sales tax exemption or resale certificate is provided prior to sale.
Payment. Payment terms are stated in the quotation. Accepted payments can be made via credit card, wire transfer, or check. Order process will begin after payment is received. For international orders, Solar Raceway requires wire transfer ACH payment in United States dollars only.
Cancellation and Returns. All orders are firm and non-cancelable. Purchaser is responsible for the full price of products as ordered. Once an order has been placed for a manufactured item, it cannot be cancelled, is non-refundable, changed or reduced in amount, or suspended of deliveries except upon Seller’s written consent.
Title and Delivery. All point of shipment is from Solar Raceway’s facility and is F.O.B. Origin. Title and risk of loss will pass to Buyer upon order leaving our facility. Buyer is responsible for filing claims for loss or damages to their order with the carrier. Buyer shall notify Solar Raceway within five (5) days of receipt of products regarding any defect or shipment error. Failure to provide such notice to Solar Raceway shall be deemed acceptance of products as complete and satisfactory to Buyer.
Delivery Date. Solar Raceway makes every effort to respect the delivery date provided in the purchase order. Delivery dates are based upon prompt receipt of all necessary information from Buyer, which may also include payment. Solar Raceway is not liable for delay in delivery (or non-delivery) due to causes beyond Solar Raceway’s control, such as an event of Force Majeure. Defined as any unforeseeable deed or event outside the control of the Seller, including, but not limited to, acts of war, fire, flood, water damage, industrial disturbances, import and export restrictions, regulatory activities, and interruptions in manufacturing supply. The Buyer shall under no circumstances have the right to cancel the order or to claim compensation in the event of any delay.
Installation. Buyer shall install products according to the installation guide supplied by Solar Raceway. Solar Raceway reserves the right to change the installation guide from time to time.
Warranty. Product warranty terms are provided with the Product or available upon request. ONLY THE LIMITED WARRANTY SET FORTH IN SOLAR RACEWAY WARRANTY POLICY SHALL APPLY TO SOLAR RACEWAY PRODUCTS. SOLAR RACEWAY’S WARRANTY EXTENDS TO THE ORIGINAL PURCHASER ONLY AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY AND NON-INFRINGEMENT.
Consequential Damages Waiver. IN NO EVENT WILL SOLAR RACEWAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM SOLAR RACEWAY’S PRODUCT SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, THE NEGLIGENCE OF SOLAR RACEWAY OR OTHERWISE.
Cap on Liability. IN NO EVENT SHALL SOLAR RACEWAY’S LIABILITY EXCEED THE U.S. DOLLAR AMOUNT EQUAL TO THE AMOUNT PAID BY BUYER FOR THE AFFECTED PRODUCT(S). THE DAMAGE LIMITATIONS PROVIDED IN THIS AGREEMENT AND THE REMEDIES STATED HEREIN ARE EXCLUSIVE AND BUYER’S SOLE REMEDY. THIS LIMITATION ON LIABILITY SHALL SURVIVE FAILURE OF ANY ESSENTIAL PURPOSE.
Governing Law and Disputes. The terms and conditions of sale stated herein shall be governed by and construed according to the laws of the State of New York without regard to its conflict of law provisions. All disputes concerning products not otherwise resolved between Solar Raceway and Buyer shall be resolved in a court of competent jurisdiction at the location of Solar Raceway’s corporate headquarters, and in no other location.