Terms & Conditions
TERMS AND CONDITIONS APPLICABLE TO SALES BY GLOW SOLAR, LLC (“Seller”)
1. Complete Agreement and Acceptance: These terms and conditions (the “Terms”) apply to goods and services provided by Seller to Buyer to supply and install a solar energy system (the “Glow Solar System”). Any additional or different terms or conditions proposed by Buyer shall not be effective unless and until the additional or different terms or conditions are accepted by Seller by written signature. All terms and conditions contained in any documents from Buyer that supplement or contradict these Terms are hereby expressly rejected. All sales are expressly conditioned upon Buyer’s assent to these Terms.
2. Installation: Buyer agrees to give Seller access to the installation site during normal working hours. Buyer shall grant fee access to work areas for utility and governmental employees who may be required to inspect the Glow Solar System and shall allow areas for storage of materials and rubbish until installation is complete. Buyer shall be responsible for posting applicable permits and keeping the work area free of hazards, unsafe conditions, pets, and children.
3. Concealed or Unknown Conditions: If Seller encounters conditions at the site that are subsurface or otherwise concealed physical conditions that differ materially from those ordinarily found to exist and generally recognized as inherent in roofing and electrical systems, Seller shall promptly notify Buyer before conditions are disturbed. Buyer shall promptly investigate such condition and report back to Seller. Buyer is solely responsible for the coordination and expense of any unanticipated work during installation due to concealed or unknown conditions. If any unanticipated work is required, including, not limited to unanticipated approval requirements imposed upon Seller by the local government or interconnecting utility, Buyer agrees to pay for such work. Seller shall not be responsible for damages or problems arising from pre-existing conditions which may be aggravated by normal material handling procedures on the roof.
4. Limited Warranties: Seller makes the following warranties as to the Glow Solar System (i) components are covered by the applicable manufacturer’s warranty; (ii) engineering, design and installation will be performed consistent with the skill and care ordinarily provided in the industry and free from defect for ten (10) years following installation; and (iii) at time of delivery, meet Seller’s published specifications.
Seller excludes any warranty or liability arising out of or relating to: (a) accident, theft, vandalism, misuse or neglect; (b) lack of routine care or maintenance; (c) failure to use or take proper precautions; (d) system alteration; unauthorized modifications; or defects, problems, or failures created by third-party products or their interface with Seller’s products; (e) cosmetic defects from normal wear and tear; (f) performance of the Glow Solar System or associated reduction in electrical costs; and (g) Force Majeure or other unforeseen conditions beyond Seller’s control including animal damage & extreme weather events.
Buyer’s sole and exclusive remedy in the event of a breach of the warranty described herein is limited to, at Seller’s sole discretion, repair, replacement of, or credit against future purchases for, the non-conforming portion of the Glow Solar System. If at Buyer’s request, Seller agrees to conduct an inspection of the Glow Solar System (“field repair”) to determine if a warranty claim exists and Seller determines the issue is not covered by this warranty, then all expenses relating to said field repair service call shall be billed to the Buyer at Seller’s customary hourly rate.
THE ABOVE ARE SELLER’S SOLE AND EXCLUSIVE WARRANTIES AND THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO BUYER. EXCEPT AS OTHERWISE SET FORTH HEREIN, SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, AND NON-INFRINGEMENT.
5. Limitation of Seller’s Liability: Notwithstanding any term or condition herein, in no event will Seller be liable (a) for indirect damages (including but not limited to, special, incidental and consequential damages, even if Seller has been advised of the possibility of same g., lost profits, rental costs, downtime, liquidated damages, labor costs, installation charges, transportation charges, remediation, storage costs, demurrage charges, etc.; or (b) for direct damages in an amount exceeding the invoiced price of the goods Buyer paid to Seller. Buyer expressly agrees that this limitation of liability is an allocation of risk constituting part of the consideration supporting sale of the goods.
6. Notice regarding Roof Warranty: To the extent buyer’s roofing system is subject to a warranty, such warranty may be voided by installation of the glow solar system. Buyer acknowledges and agrees that buyer assumes responsibility for any change to or voidance of buyer’s roof warranty resulting from installation of the glow solar system.
7. No Waiver; Modification; Entire Agreement: Seller’s waiver of any breach of these Terms shall not constitute a waiver of any other breach. Seller’s Quotation and these Terms constitute the entire understanding and agreement between Seller and Buyer and may only be modified or amended by a written document or change order signed by one of Seller’s officers.
8. Notice of Right to Lien. As required by Wisconsin law, Seller hereby notifies Buyer that persons or companies performing, furnishing or procuring labor, services, materials, plans or specifications for the Glow Solar System on Seller’s property may have lien rights on Seller’s land and buildings if not paid. Those entitled to lien rights, in addition to Seller, are those who contract directly with Buyer or those who give Buyer notice within 60 days after they first perform, furnish or procure labor, services, materials, plans or specifications for the work. Accordingly, Buyer probably will receive notices from those who perform, furnish or procure labor, services, materials, plans or specifications for the work and should give a copy of each notice received to any mortgage lender. Seller agrees to cooperate with Buyer and its lender if any to see that all potential lien claimants are paid.
9. Cancellation or Breach; Remedies: In the event Buyer cancels an order, fails to take delivery or timely pay Seller’s invoice, Seller’s damages shall be, at Seller’s option, restitution of the costs Seller has incurred since Buyer’s acceptance of the order, or Seller’s damages for breach of contract.
10. Release of Images; Marketing: Buyer agrees that Seller may obtain and use images of the Glow Solar System sold to Buyer and installed on Buyer’s property for marketing purposes, including a description of the project.
11. Insurance. Seller’s insurance coverage scope and limits available upon request.
12. Venue; Choice of Law. The Quotation and any resulting contract for the sale of the Glow Solar System shall be interpreted and governed by the laws of the State of Wisconsin, without regard to its conflict of law principles. Buyer expressly agrees that any dispute will be resolved by a court of competent jurisdiction in the State of Wisconsin, Dane County and Buyer expressly consents to personal jurisdiction in Wisconsin courts.
13. Interest; Costs of Collection. Buyer agrees that any unpaid invoice amount shall accrue interest at the rate of 1.25% per month. In the event Seller must seek legal action to recover amounts due and owing or for other breach, Seller shall be entitled to recover its costs of collection including Seller’s actual attorney’s fees and costs.