Sunelec Terms and Conditions for Products and Services V.20150408
By placing an order, you acknowledge to have read the Customer Agreement in its entirety and you accept them without recourse. Customer shall assume responsibility for ensuring that the capacity and performance of equipment being purchased are sufficient and suitable for his purpose.
This document contains important information about the terms and conditions governing the sales and services of Sunelec Photovoltaic Solutions Inc. Please read it carefully.
By acquiring or agreeing to acquire ownership of goods or benefit of services from Sunelec Photovoltaic Solutions Inc., you agree to the terms and conditions set forth in this Customer Agreement (“Agreement”), as amended from time to time.
II. Terms and Conditions of Sale
III. Spare Parts
IV. Return Policy
VI. Warranty for Products
SUNELEC - Sunelec Photovoltaic Solutions Incorporated, from which the products have been purchased
PRODUCTS - Solar panels, solar pumps, motors, solar inverters, solar charge controllers, accessories, etc.
CUSTOMER - Original purchaser of the product
TAC - SUNELEC Terms and Conditions
1. The terms and conditions in this TAC shall govern all transactions between SUNELEC, and the CUSTOMER.
2. The CUSTOMER shall carefully read, understand and accept the terms and conditions of this agreement prior to transacting with SUNELEC. By acquiring or agreeing to acquire PRODUCTS from SUNELEC, the CUSTOMER agrees to be legally bound by the TAC.
3. This TAC may be amended from time to time by SUNELEC. By continuing transactions without objecting to the revised terms of this TAC, the CUSTOMER accepts the terms of the revised TAC and will be legally bound by its updated provisions.
II. Terms and Conditions of Sale
i. Govern all offers, quotations, order confirmations, invoices, deliveries and sales of goods by SUNELEC;
ii. Supersede all other general conditions and prior verbal representations between SUNELEC and the CUSTOMER;
iii. Operate to the exclusion of any terms and conditions issued by, or any other document or statement of, the CUSTOMER whether before or after the date these Conditions come into effect;
a) Where SUNELEC issues an invoice, the details contained therein or attached thereto shall take precedence over any previous offer.
3. ORDER ACCEPTANCE
a) By placing an order, the CUSTOMER agrees to acknowledge to have read the TAC and accepts them without recourse.
b) A quotation is not to be construed as an offer or obligation to sell and SUNELEC reserves the right, at its option, to accept or reject any orders received.
a) All sales and deliveries are subject to stock availability.
a) All prices are subject to change without prior notice and all purchase orders are accepted by SUNELEC, on the condition that they will be invoiced at the prices ruling at the date of dispatch. All prices are strictly net unless where otherwise stated.
b) Where firm prices are included in a quotation the validity period is fifteen (15) working days from date of that quotation, unless otherwise stated in writing, and thereafter subject to confirmation prior to acceptance. This is notwithstanding any price variations caused by clauses 12 and 15 below.
c) A quotation includes only such goods as are specified therein. Goods offered ex stock are subject to prior sale and availability should be confirmed at order placement date.
6. INVOICING AND TERMS OF PAYMENT
a) Payment is to be made in full to a bank account nominated by SUNELEC unless SUNELEC grants credit terms.
b) The extension of credit to the CUSTOMER shall be at the absolute discretion of SUNELEC at all times and all terms of payment including the extension period shall be subject to SUNELEC's sole prerogative.
c) If the CUSTOMER fails to pay the invoice in full to SUNELEC when due, SUNELEC will be entitled (in addition to other rights) to:
i. Cancel or suspend any further Delivery to the CUSTOMER under any order; and
ii. Charge the CUSTOMER interest on the overdue amount at an annual rate of 12% from the date of invoice to the date of final payment, plus cost of collection and attorney's fees in case of lawsuit.
d) SUNELEC reserves the right to suspend credit where the CUSTOMER is operating outside of the stated credit terms.
e) Where payments are made contingent upon delivery, erection or test and any of these stages are delayed to suit the CUSTOMER’S wishes or convenience, or for any other reasons outside SUNELEC's control (such as delay or delivery of material being furnished under a separate contract), payments are to be made within the time in which they ordinarily would have been made had there been no such delays, the materials being, if necessary, stored at the CUSTOMER's risk and expense.
f) Expense incurred by SUNELEC in collection of overdue payments will be charged at cost.
a) Discounts may also be offered for unusually large quantities of goods purchased. These would normally be included in SUNELEC's quotation and would be detailed on applicable invoices. (The discount will be based on the quantity per transaction.)
8. FREIGHT AND INSURANCE
a) Unless otherwise stated, all prices quoted are ex works and exclude freight and insurance unless stated otherwise in writing. SUNELEC ceases to be
responsible for the goods upon departure from its premises, and therefore will not be liable for any claims whatsoever for loss or damage to the goods.
a) Unless agreed otherwise in writing, all goods are packed to the satisfaction of SUNELEC. Such packing will be adequate for normal handling and storage but not for exposure to weather or undue extremes of temperature, humidity or vibration. Any other packing requested by the CUSTOMER or deemed necessary by SUNELEC will be charged for in addition to the price quoted.
a) Where a specific delivery period has been stipulated, that period is subject to variation, caused by circumstances outside the control of SUNELEC and
changes as detailed in Clause 15 below.
b) SUNELEC reserves the right to receive payment for any goods which form part of an order.
c) SUNELEC in any event will not be liable to the CUSTOMER for any loss of profits or any other consequential loss or damage caused to the CUSTOMER by any delay in delivery or any non-delivery of an order or part thereof.
d) The CUSTOMER will be informed by SUNELEC as soon as the probability of a delay is recognised.
a) SUNELEC does not accept responsibility for the operation of any complete system including equipment supplied by other manufacturers.
b) To qualify for warranty claims, an accomplished project reference form must be sent to SUNELEC not later than thirty (30) working days after the delivery date.
12. CREDITS / CLAIMS / RETURNS
a) On receiving the PRODUCTS, the CUSTOMER is to inspect the PRODUCTS, exercising such care as is customary or appropriate in the circumstances.
b) Claims for shortages, returns or overcharges must follow the Return Policy outlined in Section IV. of the TAC. These claims must be in writing and
accompanied by a Return Material Authorisation (RMA) Form including details of:
i. Invoice number;
ii. Date of invoice;
iii. Model and serial number(s);
iv. Quantity for return;
v. Reason for return directed to SUNELEC within the following time limits and prior to installation of goods:
- Supplied in error by SUNELEC, seven (7) working days from delivery date;
- Short supply, seven (7) working days from delivery date;
- Received damaged, fourteen (14 )working days from delivery date;
- Pricing error, seven (7) working days from delivery date (if applicable);
c) Once the RMA number is issued, the goods must be returned within fourteen (14) working days clearly marked with the RMA number.
d) SUNELEC may reject any claims on reasonable grounds.
e) SUNELEC is not responsible for goods lost or damaged in transit following Delivery.
f) No claims will be accepted for return of goods after their installation.
13. CANCELLATION OR VARIATION
a) A contract may, at SUNELEC’s option, be terminated in the event of insolvency of the CUSTOMER or of execution being levied against any of the goods of the CUSTOMER being placed in liquidation, whether voluntarily or otherwise.
b) An order may be varied only if such variation is accepted by SUNELEC in writing and any variation or cancellation by the CUSTOMER (whether or not it has been agreed to by SUNELEC) may only occur on terms which will provide for SUNELEC to be idemnified by the CUSTOMER against any loss or damage.
c) Where SUNELEC has already received payment for an order and the Customer wishes to cancel this order, the payment will serve as cancellation fee which the customer may no longer refund.
d) SUNELEC shall not be deemed to have agreed to comply with any specifications and drawings referred to in any order unless such specifications and
drawings have been supplied to SUNELEC prior to the commencement of manufacture or delivery of goods and signed by SUNELEC.
14. INFORMATION, SPECIFICATION, LITERATURE, PERFORMANCE
a) All descriptive speculations, illustrations, drawings, data, dimensions and weights furnished by SUNELEC or otherwise, contained in catalogues, price lists and other advertising matter of SUNELEC are approximate only and are intended to be by way of general description of the goods and shall not form part of the contract unless certified by SUNELEC in writing, in which case they shall be subject to recognised tolerances.
b) One copy of documentation covering the basic description, setting up, installation and connection details will normally be supplied with the equipment. Additional copies are available on request but may be subject to extra charge.
c) Technical manuals, which may include internal circuit diagrams, component specifications, detailed technical descriptions, etc., can normally be made
available but would be at extra cost subject to inclusion in the written quotation.
d) All technical information supplied is to be treated as strictly confidential and must not be passed on or copied in part or whole to any third parties without prior written consent of SUNELEC.
e) The CUSTOMER shall assume responsibility for ensuring the capacity and performance of equipment being purchased is sufficient and suitable for his
purpose. Particular note must be made of this condition in relation to products or systems designed to the CUSTOMER’s specific requirements.
15. DESIGN OR SPECIFICATION CHANGES
a) Any changes required by the CUSTOMER must be requested in writing and will not be deemed to be accepted by SUNELEC until confirmed by SUNELEC in writing. Any changes may affect prices and/or delivery previously noted.
16. SERVICE RATES
a) After the warranty period expires, service work will be carried at SUNELEC's specified ruling rates at the time.
17. PATENTS, PERMITS OR LICENSES
a) SUNELEC accepts no responsibility for any patent infringements or any claims for payment of royalties for goods supplied to the CUSTOMER, such goods having been designed to the CUSTOMER’s general specification. PRODUCTS are supplied under the understanding that any relevant permits or licenses have been obtained by the CUSTOMER.
18. DEFAULT BY CUSTOMER
a) Without limiting any other rights SUNELEC may have, if;
- The CUSTOMER fails to pay any amount owing to SUNELEC when it is due;
- Any step is taken to enter into any arrangement between the CUSTOMER and its creditors;
- The CUSTOMER ceases to be able to pay its debts as and when they become due or to carry on business; or
- Any step is taken to appoint a receiver, receiver and manager, trustee in bankruptcy, liquidator, provisional liquidator or like person of the whole or part of the CUSTOMER’s assets or business.
- Require the CUSTOMER to pay immediately all amounts invoiced but not yet paid to SUNELEC;
- Require the CUSTOMER to pay in advance of or on delivery; or
- Suspend or cease supplying goods to the CUSTOMER, whether or not the CUSTOMER has ordered goods that have not yet been supplied.
19. RISK AND TITLE
a) Risk in PRODUCTS passed to the CUSTOMER on the delivery.
b) Despite delivery or the passing of risk, ownership of PRODUCTS remains with SUNELEC until SUNELEC has received full payment for the goods.
c) The CUSTOMER has the right to re-sell the goods. The sale must be made in the ordinary course of the CUSTOMER’s business.
III. Spare Parts
SUNELEC will endeavor to make user replaceable parts available for the Customer to purchase for a reasonable period of time after the supply of the related product.
All preceding warranties become null and void if the related product is serviced by an unauthorized service center or personnel. Although SUNELEC will make reasonable efforts to extend proper recommendations on the supply of user replaceable parts, SUNELEC does not guarantee the workmanship of the repair. SUNELEC encourages its CUSTOMERS to have product repairs coursed through SUNELEC or any of its partner companies, but the final decision on who will conduct the repair remains the CUSTOMER’s sole prerogative.
3. SPARE PARTS WARRANTY POLICY
SUNELEC offers a three (3) month limited warranty against defects on the user replaceable parts. This limited warranty does not cover damages due to natural wear and tear. Inconvenience, property damage or any consequential damages are also not covered under this limited warranty. To qualify for this limited warranty, the Customer must first obtain a return material authorization (RMA) number from SUNELEC in accordance with SUNELEC's Return Policy outlined in Section IV.
IV. Return Policy
This Return Policy covers all product returns, whether for shortage, overcharge, repair or warranty claims, to SUNELEC.
a) Product returns will only be accepted from CUSTOMERs who have purchased directly from SUNELEC.
b) Product returns from end-users must be coursed through the original reseller, if any.
c) No returns will be accepted without prior authorization from SUNELEC.
3. RETURN MATERIAL AUTHORIZATION
a) The CUSTOMER must obtain a return material authorization (RMA) number from SUNELEC before returning any product.
b) An RMA number is valid for fourteen (14) working days from date of issuance.
c) The CUSTOMER can obtain an RMA number by contacting SUNELEC online through firstname.lastname@example.org or by phone through +632-413-21-51.
d) SUNELEC will not accept any packages without a valid RMA number on at least two (2) surfaces on the package and reference to the RMA number on the shipper or air waybill.
a) Original packaging should be used if available to minimize the potential for shipment damage.
b) Product must be enclosed in an antistatic bag to avoid ESD (electrostatic discharge) damage.
c) RMA number must be clearly visible on at least two (2) surfaces of each return package.
d) Package must include a CUSTOMER packing list to specify all parts included in the package as stated in the RMA form.
a) Customer is responsible for all shipping costs including inbound and outbound freight charges.
b) SUNELEC is not responsible for damages incurred during shipment.
6. RECEIPT OF EQUIPMENT
a) Upon arrival at SUNELEC the product components are manually checked for accuracy against the CUSTOMER packing list, that all parts are included, and for physical damage. CUSTOMER will be notified immediately of any major discrepancies.
a) Return Policy guidelines outlined in Section IV. of this TAC apply to all products being returned to SUNELEC for repair.
b) Repair services are only offered to CUSTOMER who have purchased products directly from SUNELEC.
c) Product returns from end-users must be coursed through the original reseller (CUSTOMER), if any.
d) No returns will be accepted without prior authorization from SUNELEC.
2. REPAIR PROCEDURES
a) SUNELEC will contact the CUSTOMER to determine how the product will be serviced and at what cost.
b) No repairs will be performed until the CUSTOMER agrees to the stated cost of repair and issues payment for the agreed upon amount.
c) All items may be repaired with either new or factory refurbished parts.
3. UNITS BEYOND REPAIR
a) Testing and handling fees will apply even if the product is beyond repair.
b) SUNELEC will contact the CUSTOMER if the product cannot be repaired and will offer an equivalent replacement product, if available.
c) If the product cannot be repaired or replaced, the CUSTOMER can request for the product to be returned to him/her as long as he/she agrees to pay for applicable shipping and/or service charges.
4. REPAIR TURNAROUND
a) SUNELEC will notify the CUSTOMER of the target turnaround time.
b) Turnaround time is subject to parts availability.
a) Testing and handling fees shall apply to all products being returned for check-up and/or repair.
b) Additional service fees will be charged at SUNELEC's specified ruling rates at the time of repair.
6. PAYMENT METHOD
a) SUNELEC accepts Check and Online payments.
b) SUNELEC reserves the option to delay its services until the CUSTOMER’s payment clears through the nominated bank account.
a) CUSTOMER shall inspect the product at SUNELEC's premises prior to final release or at their premises as soon as they receive it.
b) CUSTOMER shall notify SUNELEC of any defect in the product as soon as possible.
8. REPAIR WARRANTY POLICY
a) SUNELEC offers a three (3) month limited warranty against defects and workmanship for serviced parts.
b) Other parts which were not serviced during the repair are considered separate and are not covered under this limited warranty.
c) Damages due to natural wear and tear are not covered under this limited warranty.
d) Inconvenience, property damage or any consequential damages are not covered under this limited warranty.
e) To qualify for the repair warranty, the CUSTOMER must first obtain a return material authorization (RMA) number from SUNELEC in accordance with
SUNELEC's Return Policy outlined in Section IV.
a) In the event that the CUSTOMER agrees to have the defective part or product replaced, ownership of the returned defective part/product is transferred to SUNELEC upon release of replacement part/product.
VI. Warranty for Products
a) Return Policy guidelines outlined in Section IV. of this Customer Agreement apply to all products being returned to SUNELEC for warranty claims.
b) Warranty claims are only offered to Customers who have purchased products directly from SUNELEC and have provided the necessary project reference form as outlined in Section II 11 b).
c) Product returns from end-users must be coursed through the original reseller, if any.
d) No returns will be accepted without prior authorization from SUNELEC.
e) The warranty terms and conditions for products supplied by SUNELEC may vary, and copies of the respective manufacturer’s warranty terms and
conditions may be provided upon the request of the Customer.
3. WARRANTY PERFORMANCE
a) This limited warranty is applicable only to Customers who have purchased the PRODUCT directly from SUNELEC. To qualify for this warranty adequate documentation is to be presented to prove that the PRODUCT was purchased from SUNELEC.
b) In your application for warranty coverage, SUNELEC must be provided with:
- the original invoice giving the purchase date and serial numbers,
- complete information on how it was used, line diagram, and components it was used with, and
- a detailed written description of the defect and/or failure.
c) The Customer must obtain a return material authorization (RMA) number from SUNELEC before returning any equipment for warranty claims. No returns of any component, defective or otherwise, will be accepted without prior written authorisation of SUNELEC.
d) The PRODUCT in question must first be returned to SUNELEC (with the proper RMA) before the item can be completely evaluated and the decision on warranty coverage will be made. Under no circumstance will SUNELEC send a replacement product or part before the item is received at SUNELEC.
e) If warranty is approved, returned components of the shall become the property of SUNELEC. SUNELEC shall have the right to deliver a different
type of component (performing as similar to the purchased goods as available) if SUNELEC has discontinued production of the component in question
at the time the warranty claim is accepted.
4. WARRANTY LIMITATIONS
a) This limited warranty is expressly in lieu of and excludes all other explicitly indicated or implied warranties including, but not limited to, warranties of
merchantability and fitness for a particular purpose and all other obligation or liabilities on the part of SUNELEC, unless such other warranties, obligations or liabilities expressly have been agreed upon in writing by SUNELEC.
b) SUNELEC shall have no responsibility or liability whatsoever for damages or injury to persons or property, initial or consequential, or for other loss or injury resulting from any cause whatsoever arising out of or relating to the PRODUCT including, without limitation, any defects and/or failures in the PRODUCT or from use or installation.
c) SUNELEC shall not be liable under any circumstances for any incidental, indirect, punitive, or consequential damages, howsoever caused. SUNELEC’s
aggregate liability shall not exceed the value of the PRODUCT which is the subject of a claim or dispute.
d) Approved warranty claims will not merit any extension or "reset" of warranty period. The warranty period stipulated in the original transaction will remain. Any period consumed by the warranty process (time for transit, repair, replacement, etc.) will not merit any warranty period extension either, although Sunelec shall perform reasonable effort to expedite all warranty claims.
a) This limited warranty shall be valid from 8th of April 2015 and shall apply to PRODUCTS sold to the Customer from this date, replacing and making
void all previous warranties issued by SUNELEC for the above mentioned PRODUCTS. b) This limited warranty shall be valid until a new edition is issued and published in writing.
Mark Anthony U. Tomas
Sunelec Photovoltaic Solutions Inc.
Manufacturer's Warranty Terms and Conditions
Available for download are the warranty terms and conditions of the various brands of SUNELEC. These are subject to change without prior notice. SUNELEC shall extend, wherever applicable, the terms and conditions set by the manufacturer in terms of processing any warranty claims. Please review each of them carefully to ensure full warranty coverage for your purchased PRODUCTS.