THE SOLAR BiZ, INC.
TERMS AND CONDITIONS OF SALE

Pricing, specifications, and terms are all subject to change without notice. The Solar BiZ, Inc. (hereinafter “The Solar BiZ”) reserves the right to refuse service to anyone.

LIMITATION OF WARRANTY
The Solar BiZ is a distributor only. Products sold by The Solar BiZ are not manufactured by The Solar BiZ; therefore, we do not warrant any of the products we sell.

THE SOLAR BIZ MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. ALL PRODUCTS ARE SOLD “AS IS”, WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES.

Products covered by a manufacturer's warranty must be sent directly to the manufacturer for repair or replacement. Not all products are covered by a manufacturer’s warranty. In the event that there is a technical problem that occurs with your product upon receipt or installation, you must contact the manufacturer directly.

Dead-On-Arrival (DOA) The Solar BiZ shall bear no responsibility in sending replacement items to you in the event that you have received a defective product. If you receive a defective product, you must contact the manufacturer directly. They will typically repair or replace your DOA product. For Manufacturer Contact Phone Numbers, call The Solar Biz at 888-826-0939 option #3.

Sales pricing:  Payment methods Subject to the terms set forth below, payment may be made by cash, check, electronic check or wire transfer to take advantage of our current pricing. Credit Cards are accepted on select orders only. Discounts will vary. Please ask your Customer Service Representative for details.

The Solar BiZ™ accepts the following Payment Methods

1. Visa, MasterCard, and Discover.
2. PayPal, PayPal Credit
3. Bank Wire Transfer for orders over $600. Customers are responsible for their outgoing wire transfer fees. Our bank also charges a wire reception fee, which will be added to your order.
4. Cash for local warehouse customers' small orders under $1,000. Please make arrangements with our design engineer or customer service representative.
5. Direct Deposit at any Wells Fargo Bank branch. Contact customer service for specific account information.
6. Pre-Approved Personal or Business Check. Orders will be processed and shipped after the receipt and clearance of check by our bank. Allow 7 to 12 business days for the check to clear. A $35 fee will be charged for all returned checks.
7. Electronic Check. Provided by our secure and trusted partner, Bill.com we are able to accept electronic check payment. No need to write a check, wait for the mail and the check to clear. The encrypted transaction is initiated from the comfort and security of your home computer. Payment is issued within 2-5 business days.
8. Single Cashier's Check over $10,000. Cashier's Checks are considered a cash equivalent by the IRS. The issuing bank will require a Form 8300, which is a Report of Cash Payments to the Fed's requiring your Federal Tax ID. Orders will be processed and shipped after the receipt and clearance of the check by our bank. Please allow 7 to 12 business days for check to clear.
9. Cashier's Checks totaling less than $10,000 still may require 7 to 12 business days to clear. Although Form 8300 is not required for a single order less than $10,000. Please note: Multiple cash (or cash equivalent) orders totaling more than $10,000 during any 12-month period may have to be reported on Form 8300.
10. Cash totaling more than $10,000. This type of payment, or combination of cash equivalents, requires that we submit the Form 8300, and we will need your Federal ID and contact info.
11. We do not accept C.O.D. Orders.

CREDIT CARD AUTHORIZATION
When you order, your Credit Card Issuing Bank will place a temporary "authorization hold" on your account, to verify that funds are available for a given purchase. In the event that the security code or billing address as supplied by you does not match the records of your card issuing bank, the authorization will be voided by your bank, and The Solar BiZ will not be able to accept this payment method. Your card issuing bank may take 7 days or longer to release the funds back into your account. Please contact your credit card issuing bank for more information on their authorization policies.

GENERAL TERMS AND CONDITIONS
The Solar BiZ Purchase Agreement: By placing an order either on The Solar BiZ™ website or through an employee at The Solar BiZ™, you (hereinafter also called "Customer") agree that these terms and conditions are the exclusive terms governing the sales transaction between Customer and The Solar BiZ (“Agreement”). Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this Agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order or accept delivery from The Solar BiZ. The terms and conditions in this writing are intended by the parties to be the final expression of their Agreement and intended as a complete and exclusive statement of the terms and conditions thereof. No modification of any term or condition will be valid or binding upon The Solar BiZ unless approved in writing by a duly authorized representative of The Solar BiZ.

Acceptance and Payment on Orders: An order is not binding upon The Solar BiZ until it is accepted. Acceptance by The Solar BiZ is conditional on Customer’s assent to these terms and conditions, which shall be deemed provided with each order. The Solar BiZ must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. All manufacturers reserve the right to change pricing and to discontinue items without prior notice. We guarantee pricing for 7 days from the date of our estimate, unless otherwise stated. Product discontinuance by a manufacturer is out of our control. We make no representation and will not be contractually obligated to provide discontinued product by a manufacturer whether we have accepted a Customer’s purchase order. In the case of discontinued product, the sole remedy is a full refund of any amounts paid for said discontinued product.

State Taxes: Your total cost for purchase of any product may include applicable state sales tax.

Processing Time: You can expect your order to be processed within two business days after the order has been placed. The Solar BiZ strives to ship your order within 24 to 48 hours of order processing unless otherwise communicated. Drop shipments from manufacturers can take longer. Small items ship UPS Ground and USPS depending on the shipping location and items ordered. If you would prefer different or expedited shipping, please contact Customer Service prior to placing your order. Large items ship truck freight. Customer Service will contact you after placing your order, to discuss delivery options. If you need items delivered/received by a certain date, please check with your Customer Service Representative regarding availability of the item and expedited shipping options.

Back Orders: Any items that are unavailable will be placed on back order. Estimated ship dates will be provided however please note: these dates are "estimates." On a back ordered item, the estimated date may change.

Order Status: The Solar BiZ will do everything possible to keep you informed of your order via e-mail. Your tracking number will be emailed to you once the item is shipped. If you do not receive a tracking number, please inquire. We do not always automatically receive tracking numbers for factory drop shipped items.

Change Orders: You may change your order, provided that your order has not yet been processed and shipped. If items have shipped the normal restock fee of a minimum of 20% of the cost of the item(s) will apply. Please contact your Customer Service Representative directly with any changes to be made. Due to the possibility of an electronic transmission being lost, do not text or email a change order request. Change orders will not be considered effective until you have actually spoken with your Customer Service Representative. Have your order number available.

Small Package Shipping Policy: For your protection, we insure all shipments. The Solar BiZ and The Solar BiZ vendors carefully inspect the package(s) prior to shipping. When you receive your shipment examine all packages closely on all six sides. Look for any damage including scuffs, dents, tears, punctures or crease. Open the package and check for concealed damage, missing or broken items. Damaged or missing items must be reported within 24 hours of your receipt of the items. Reports after that time will not be honored.

LTL Truck Shipping Policy: The Solar BiZ and The Solar BiZ vendors carefully inspect all packages prior to shipment. You or your receiving agent MUST check your order immediately for accuracy and possible concealed damage.
Undiscovered damage claims that are not noted on the delivery receipt cannot be made with a carrier or The Solar BiZ. NO EXCEPTIONS! When we ship, we insure proper packaging and take pictures of each outbound shipment. Protect your investment! It is your responsibility to check your shipment. Your signature on a shipping receipt or Bill of Lading (“BOL") constitutes your legal release of any claim for damage unless you have noted damage or missing item(s) on the shipping receipt at the time of delivery. An independent commercial trucking company will deliver the order. Customers or their receiving agents must inspect their shipments upon delivery prior to signing the release. When the shipment arrives, the driver will ask you to sign a BOL for the delivery. This is a legal document stating that the package is being delivered in good condition without damage and that the customer is waiving any additional claim from the shipper.

Customers who will not be signing for their order when it is delivered, are responsible to ensure that the person signing for the product has been made aware of and understands or has otherwise been made aware of The Solar BiZ Terms and Conditions. Before signing the BOL/delivery receipt, inspect the package(s) closely on all six sides. Note any damage including scuffs, dents, tears, punctures or creases on the delivery receipt. If there is anything unusual with the package, the customer has the right to open it to inspect the contents. If the driver is unwilling to wait while you inspect all of the items, you may mark on the delivery receipt "Concealed Damage Possible".
If there is extensive visible damage to a truck freight shipment, please take pictures documenting the damage. You must then refuse the delivery and contact The Solar BiZ immediately.

Cancellation Policy: Due to the possibility of an electronic transmission being lost, do not text or email a Cancellation Request. Cancellations will not be considered effective until you have actually spoken with your Customer Service Representative. Please have your order number available.
To cancel your order, simply call during normal business hours and speak directly with your Sales Representative or our Customer Service Department. If your order has not yet been processed, or your credit card has not been charged or no payment has been received, there is no cancellation fee. If your order has not shipped and your order has already been processed or your credit card has been charged or payment has been received, there is an 8% cancellation fee calculated on the total invoice amount. The cancellation fee will be deducted from your refund. Some manufacturers charge a cancellation fee, even if the order has not shipped. Schneider Renewables and Surrette Batteries charge 25% in this circumstance. If any portion of your order has properly shipped, a minimum of 20% restocking fee per item will be deducted from your refund. We do not refund shipping charges. Many of our products are custom built and are not cancellable once they are put into production. Custom-built items are not returnable once they ship. These items include, but are not limited to, Pre-wired Power Centers, Battery Boxes, Solar Mounting Racks and Trackers, HuP Batteries and all Industrial Batteries. If you need to cancel an order for a custom product, if allowed by the manufacturer, the cancellation fee will vary depending on the manufacturer. It can be as much as 65% of the cost of the item.

Discretionary Returns: All returns require a Return Merchandise Authorization (RMA). A valid RMA number must be obtained from our Customer Service Representative and the number must be included on the return documentation. RMAs incur a 20% restocking fee. An RMA must be requested within 21 days of the original invoice date for non- defective, properly shipped product. Thereafter, all sales are final. We reserve the right of refusal upon inspection. All items must be returned in "as new" condition. Package the product inside a separate box. Include the original unmarked packaging and all accessories, blank warranty cards and owner’s manuals. Returns will be assessed a 20% restocking fee per item unless a replacement order of equal or greater value is placed at the time of the RMA issuance. Shipping charges are non-refundable. When returning product, use a shipper with tracking capabilities. You assume all responsibility for insuring the return shipment and also for filing the claim for lost or damaged returns. You will be contacted soon after your package has been received at our warehouse with refund or product replacement information.

Product Listings: The Solar BiZ product descriptions and product images are not designed or intended to replace your personal product knowledge, experience and/or research or that of a professional installer or licensed electrician. The Solar BiZ strives to be as accurate as possible in our product descriptions, compatibility references, informational content, pricing, links and any other product information contained in or referenced on our site. Human error does occasionally occur; therefore, we cannot and do not guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, current, or that we are responsible for these errors. In the event that a product is listed at an incorrect price due to typographical, informational, technical or any other error, The Solar BiZ, at its sole discretion, shall retain the right to refuse or cancel any order for that product and immediately amend, correct or remove the inaccurate information. All information on The Solar BiZ website is intended only to provide visitors with assistance finding additional information and professional opinion. However, due to the fast pace and changes in the industry, complex nature and personal subjective experiences, Descriptions and Photographs can become outdated or less accurate over time or even at inception and should, therefore, never be the sole determinate in purchasing decisions, or, most importantly, a substitute for doing one’s own product research.

If you need pre-order assistance for product selection, please contact our Engineering Department. As always, you are ultimately responsible for any purchase decision. Neither The Solar BiZ nor any of its employees have visited the actual installation site, so any renewable energy system assessments and designs are solely based on information supplied by the person requesting assistance. It is the sole responsibility of the installer or/and the person requesting assistance to verify that all the listed components on their estimate will be appropriate for the actual installation conditions, required project specifications, energy production, any applicable safety codes, and all other matters related to the system.

We make no representation or warranty with respect to compliance with job specifications or the provisions of any act or law unless the manufacturer so warrants. We shall in no event be liable for death, injuries to persons or property or for incidental, and contingent, special or consequential damages arising from the use of products we distribute.

Links: Our website may contain links to other sites. Be aware that we are not responsible for the content, risk or privacy practices of such other sites. We urge you to read the privacy statement of any other site.

Security: Security is our number one priority. All on-line transactions are processed through our secure server and encrypted with 128-bit technology. Once the information is received through the Internet, trusted authorized employees will process your payment, and make sure that your information is handled with the highest level of security. 

Privacy: The Solar BiZ respects your privacy. We collect limited information to help us understand our website visitors and to process your requests. We never sell your information. We share information only when it is necessary to fulfill customer request (such as to ship an order or process a newsletter signup).

LIMITATION OF LIABILITY, EXCLUSION OF CONSEQUENTIAL AND INCEDENTAL DAMAGES; EXCLUSION OF TORT REMEDIES: IN ALL CIRCUMSTANCES THE MAXIMUM LIABILITY OF THE SOLAR BIZ IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCTS SOLD. THE SOLAR BIZ SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LABOR COSTS OR LOST PROFITS RESULTING FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR FROM THE PRODUCTS BEING INCORPORATED IN OR BECOMING A COMPONENT OF ANY OTHER ARTICLE. THIS IS A COMMERCIAL SALES TRANSACTION. NEITHER PARTY WILL HAVE ANY NEGLIGENCE OR OTHER TORT LIABILITY TO THE OTHER, OR TO ANY THIRD PARTY, ARISING FROM ANY BREACH OF THIS AGREEMENT. THE EXCLUSIONS OF CONSEQUENTIAL AND INCIDENTAL DAMAGES AND TORT REMEDIES ARE SEPARATE AND DISTINCT FROM ANY LIMITATION OF REMEDIES PROVIDED HEREUNDER.

Title & Risk of Loss: Excuse from Performance: The Solar BiZ will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. The Solar BiZ will advise Customer of estimated shipping dates, but under no circumstances will The Solar BiZ be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, and The Solar BiZ is expressly excused from performance if performance is rendered impracticable by any accident; breakdown; sabotage; riot; insurrection; war; delay; discontinuance of manufacturer’s product; strike or lockouts; labor or transportation problem beyond its control; act of God or public enemy; acts of federal, state or local governments; fire; floods; civil disobedience; freight embargoes, broken supply chain and other causes and conditions, whether of like or different nature that affect Seller.

Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between The Solar BiZ and Customer shall be governed by the laws of the State of New Mexico, without regard to its conflicts of law rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this Agreement. The Solar BiZ and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of New Mexico, Grant County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action in law or in equity, based upon any legal theory including contract, tort, or otherwise, against The Solar BiZ that is more than one year after the date of the applicable invoice. Actions of any kind older than one year from the date of the applicable invoice shall be barred regardless of any statute of limitations that may otherwise be applicable but for Customer’s agreement under these terms and conditions.

Severability: If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Mexico law.

Waiver: The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement: These terms and conditions, together with The Solar BiZ Sales Order respecting the products ordered by Customer, are the complete and exclusive agreement between The Solar BiZ and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between The Solar BiZ and Customer relating to the subject products. This Agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

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