E-Commerce & Legal Disclaimer
By accessing this Website, you understand and expressly agree to be legally bound by our Copyright and Trademark Notice, our Terms and Conditions (collectively “Legal Documents”) and to follow all applicable laws and regulations governing this Website.
A unique username/password (“user account”) may be provided for access to certain portions of this Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the username/password, including but not limited to any purchases made under your user account.
Solar Portable Business, Inc./P3Solar reserves the right to change, correct, and revise all information contained on its Website, including but not limited to product pricing, description, terms, etc. In the event a good or service to be provided by P3Solar is listed on this Website at an incorrect price or with incorrect information due to typographical error or errors in pricing or product information received from our suppliers, P3Solar shall have the right to re-offer such products at the corrected price upon receipt of any orders placed based upon the incorrect price or information and to refuse or cancel any orders placed for products listed at the incorrect price, upon rejection of corrected pricing or other information.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Acceptance of your order will be forwarded to you separately, along with the specific terms of purchase/sale. No sale shall be considered consummated until such time as the order has been accepted and payment has been tendered pursuant to the specific terms of agreement of each individual purchase transaction. Terms of sale may differ from time to time and from product to product.
Compliance with Laws
You agree to comply with all applicable federal and state laws, statutes, ordinances and regulations regarding your use of this Website and your purchases of products or services through this Website. Subject to any federal laws, statutes, codes, ordinances, and/or regulations controlling, use of this website, exchange of information, purchases, sales, returns, or any other matters shall be governed by the laws of the State of Arizona.
While P3Solar makes every effort to present accurate and reliable information on this Website, P3Solar does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, or timeliness of such information.
Copyright & Trademark Notice
Copyright © 2015 Solar Portable Business, Inc/P3Solar. All rights reserved.
The contents of all material available on this Website are copyrighted by P3Solar unless otherwise indicated (“protected materials”). Users may download pages or other content for their own personal use on a single computer, but no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, or transferred, in any form or by any means, except with the prior written agreement of, and with express attribution to, P3Solar. Such protected materials are intended strictly for use in furtherance of the business interests of P3Solar and may not be used for any other purpose except by express written agreement of P3Solar.
Terms & Conditions
These General Terms and Conditions of Sale (General Terms) apply to: (a) all proposals and pricing quotes submitted by P3Solar (Seller); (b) all purchase orders received by Seller; and (c) all sales of goods and services sold by Seller, except as otherwise specifically provided in a document issued by Seller.
A written or verbal price quote issued by Seller is an offer to sell. However, verbal quotes, warranties, representations and promises shall be of no effect unless and until set forth in writing. In any conflict between a verbal offer, promise, condition, or warranty and a written offer, promise, condition, or warranty shall be the written version shall control. No sale shall be considered consummated until such time as the order has been accepted and payment has been tendered pursuant to the specific terms/agreement relating to each individual purchase transaction. Terms of sale and warranties may differ from time to time and from product to product.
Integration and Modification
These General Terms and Conditions may be modified from time to time at the sole discretion of Seller. The General Terms and Conditions current at the time of any transaction shall supersede all previous terms and/or agreements pertaining to goods and/or services offered by Seller. All separate written terms and agreements of purchase, terms, and/or warranties which may accompany the goods and/or services (“transaction documents”), are incorporated herein and vice-versa, and shall be construed in a manner so as to harmonize the terms and conditions set forth herein and the material terms of all transactions. In the event of conflict between these General Terms and Conditions and any transaction documents, the transaction documents will control.
Authority of Seller’s Agents
No agent, employee or representative of Seller has authority to bind Seller to any affirmation, waiver, representation or warranty concerning the goods, not contained herein or in any transaction documents.
Prices, Payment and Risk of Loss
Prices contained in individual written price quotes or proposals are firm only for the period specified in the transaction documents and otherwise for thirty (30) days from the date of the written quote.
Buyer acknowledges and agrees that Seller may elect to manufacture goods for supply under any transaction agreement or to procure such goods from third-party subcontractors or suppliers. Sources for such goods may include countries outside the United States. In the event of third-party subcontractors or suppliers, said subcontractors or suppliers may offer separate specifications and/or warranties from those offered by Seller and Seller shall not be responsible for the content and/or enforcement of any such third-party warranties not specifically ratified in writing by Seller.
Shipping dates are estimates based on Seller’s present engineering and manufacturing capacity and scheduling, and may be revised by Seller upon receipt or scheduling of Buyer’s order or by necessity in filling the order.
Delay of Shipment or Performance Excused for Various Reasons
If shipment of any goods or other performance by Seller is delayed at the request of or due to the fault of Buyer, Seller may at its option hold the goods at the place of manufacture or elsewhere at the risk and expense of Buyer from the time it is ready for shipment.
Inspection, Testing and Rejection
If the transaction documents expressly provide for Buyer’s inspection and/or acceptance of the goods, Seller’s standard test procedures conducted by Seller’s representative(s) will be the criteria for inspection and/or acceptance, unless other specific procedures have been agreed upon and specified writing in the transaction documents.
All goods must be assembled and installed by and at the expense of Buyer. Seller shall not be liable for damage to the goods, persons, property, or incidental and/or consequential loss arising out of improper assembly and/or installation of the goods.
Seller may, in its sole discretion, offer limited warranties on goods. Buyer shall notify Seller of any goods or components thereof that are defective in materials or workmanship and Seller shall direct Buyer as to the procedure for return of the goods to Seller for inspection, repair, or replacement. Seller, in its sole discretion, will repair or replace goods or any covered components found to be defective in materials or workmanship within the express warranty period set forth in the transaction documents without any additional charge Buyer and shall ship such repaired or replacement goods to Buyer or FOB Seller’s dock. Buyer shall bear all costs of reassembly and/or reinstallation of the goods. SELLER SHALL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF INCOME/REVENUE, DAMAGE TO PERSONS OR PROPERTY INCURRED BY REASON OF THE FAILURE OF THE GOODS OR ANY COMPONENT PART THEREOF.
Disclaimer and Limitation of Express and/or Implied Warranties
SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE CONTAINED IN WRITING HEREIN AND IN THE TRANSACTION DOCUMENTS.,
SELLER DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS (OTHER THAN GOOD TITLE) INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Seller disclaims any implied warranty of non-infringement
Design, Parts, and Service
All design, application engineering, parts, labor, service, if any, provided by Seller or its agents and contractors (including those provided under purchase orders and other transaction documents subsequent to the these General Terms and Conditions) related to the goods (whether or not covered by warranty) are subject to all limitations and disclaimers of warranties and remedies provided in these General Terms and Conditions and the transaction documents.
Responsibility for Safety
Goods designed and manufactured by Seller are capable of being used in a safe manner, but Seller cannot guarantee their safety under all circumstances. Seller shall not be responsible for injury and/or damage, of any nature, to person or property resulting from misuse or abuse of the goods.
Buyer will indemnify Seller from any and all third-party claims, damages and expenses (including reasonable attorney fees) under theories of tort, product liability, negligence (ordinary or gross), warranty, contract, statute or otherwise arising out of the production, use, storage, sale, processing or other disposition of the goods, supplies or materials used in connection with the goods, or parts manufactured with the goods, if the action or inaction of Buyer or its employees, customers or agents, or Buyer’s design specifications, were a material or proximate cause of injuries or damages giving rise to claims against Seller.
Buyer acknowledges that any information disclosed to Seller has not and will not be considered by Seller to be confidential or a trade secret unless clearly and conspicuously noted on the disclosure, or in some other writing delivered to Seller at or prior to the time of the disclosure and consummation of the sales transaction, which shall become a part of the transaction documents and shall not apply to future transactions
Any Intellectual Property owned or licensed by Seller and used by Seller in connection with the performance of its obligations will remain the exclusive property of Seller and its licensors, as the case may be.
Solvency of Buyer
Buyer represents that it is solvent, able to pay the price for the goods, and that all financial and business information given to Seller is correct.
United States Government Regulations
Buyer may not engage in any transaction with respect to the goods, by way of resale, lease, shipment or otherwise, which violates any statute or regulation of the United States of America.
Fair Labor Standards Act
Seller certifies that any goods produced in the United States will be produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the U.S. Fair Labor Standards Act, as amended, and of the regulations and orders of the U.S. Department of Labor issued under Section 14 thereof.
If Buyer defaults in the performance of its obligations, if Buyer advises Seller that it will default in the performance of its obligations, or if any action is started by or against Buyer seeking the appointment of a trustee or receiver or the entry of an order for debtor’s relief for Buyer, Seller may cease performance of its obligations, recover the goods in transit or delivered, disable delivered goods, and otherwise enforce its remedies for Buyer’s default.
Communications concerning disputed debts or other claims, including an instrument tendered as full satisfaction of a debt or must be delivered to an officer of seller.
Seller will not be responsible for any delay or failure in any performance due, without limitation, to acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control.
Commercial Activity; Absence of Immunity
Buyer represents that it is subject to civil and commercial law with respect to its obligations, and the making and performance by it of the Agreement constitute private and commercial acts rather than public or governmental acts.
Limitations of Actions
Buyer waives any right of action against Seller for breach of or in connection with these General Terms and Conditions or the transaction documents.
Choice of Law
All claims arising out of or related to the Seller’s goods and services shall be construed and enforced under the laws of the State of Arizona in force on the initial date of purchase of goods except as otherwise provided in these General Terms and conditions and/or the transaction documents.
The courts of Arizona shall have exclusive jurisdiction over Buyer and Seller and any claims arising under or related to the transaction, unless waived in a writing signed by Seller and subject to any right of arbitration which may be provided herein or by the transaction documents.
At Seller’s election, all controversies and claims arising out of or relating to these General Terms and Conditions, purchase, use of goods, and/or the transaction documents, or the breach thereof, will be settled solely by arbitration held in Tucson, Arizona, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, provided Seller may also elect to institute, prior to formation of the arbitration panel, an action for a claim and delivery or replevin action to enforce its security or other interests in the goods.
Any provision herein found to be invalid or unenforceable will be severed from these General Terms and Conditions and/or the transaction documents, as may be applicable, but shall not adversely affect any other terms, conditions, or agreements contained herein or in the transaction documents, which shall remain in full force and effect
No right or interest in these General Terms and Conditions or the transaction documents may be assigned by Buyer without the prior written consent of the Seller.
Quote Incorporation of Terms & Conditions
This price quote, and any resulting sale or contract, and all warranties, are governed by Solar Portables Business, Inc/P3Solar’s General Terms and Conditions of Sale (the Terms) posted at www.p3solar.com, which are incorporated herein and in any resulting sale or contract.