STANDARD
TERMS OF SALE AND LIMITED WARRANTY AGREEMENT:
This Agreement
applies to any order, purchase, receipt, delivery or use of any products and services (collectively, purchased) from Inner
Solar, Inc. or any of its subsidiaries or affiliates (Inner Solar) or an Inner Solar authorized dealers (Reseller), unless
you enter into a separate written agreement with Inner Solar. THIS AGREEMENT APPLIES TO YOUR PURCHASE UNLESS YOU NOTIFY INNER
SOLAR IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 15 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER INNER SOLARS REFUND POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 8 BELOW.
1. Payment
Terms. Advertised prices are in U.S. dollars and exclude shipping, handling
and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. Inner Solar may change
prices without notice to you before Inner Solar enters your order, and may modify and substitute products and components without
notice to you prior to shipping. Payment is due at the time stated in your invoice or when product is shipped, unless Inner
Solar has extended credit to you. Amounts not paid when due bear interest at
the rate of 1.5% per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower. If you financed
your purchase, the loan or lease transactions is between you and your lender, independent of your purchase from Inner Solar,
except that Inner Solar may, at the request of your lender, withhold technical and warranty support and other services from
you.
2. Shipping
and Title. Inner Solar will arrange to ship products to you. Title to products
pass to you when Inner Solar delivers them to the shipper and risk of loss passes to you when the shipper delivers products
to the address you designate. You must notify Inner Solar of damaged or missing items from your order within 30 days after
you receive your product.
3. Return
Policy. You may return products within 15 days. To return products, you must
follow Inner Solar return procedures, including obtaining return merchandise authorization (RMA) kit and returning products
within 7 days after you receive an RMA kit. Inner Solar will refund the original
purchase price of products, unperformed services and related sales taxes.
SHIPPING &
HANDLING FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL INNER SOLAR RECEIVES THEM. YOU WILL BE CHARGED SHIPPING AND HANDLING OR RESTOCKING FEES TO RETURN PRODUCTS. Returned
products must be in the same condition as you received them. You must return product within sealed box to obtain a refund
for the product. THIS RETURN POLICY IS NOT A WARRANTY.
NOTE: Inner Solar will
not accept as a return any products you purchased from a Reseller. Additional restrictions may apply on certain products purchased
from the Inner Solar
Accessory Store.
4. THIS LIMITED WARRANTY COVERS NORMAL USE. INNER SOLAR DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS,
OR THE COMBINATION OF INNER SOLAR BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER PRODUCT OR NON-INNER
SOLAR BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO PRODUCT OR NON-INNER SOLAR
BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
6. Services
and Service Warranty. The terms of services provided to you for Installation consist of this Agreement and the additional
terms stated in separate services descriptions provided by
7. Disclaimer
of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED
IN THIS AGREEMENT, INNER SOLAR DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE
LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED
TO THE TERMS OF THIS AGREEMENT. INNER SOLAR AND YOUR MAXIMUM LIABILITY
TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR INNER SOLAR IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION
OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED,
WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES
THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE
LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Dispute
Resolution. You and Inner Solar agree that any Dispute between You and Inner Solar will be resolved exclusively and finally
by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided
below. You and Inner Solar will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted
before a single arbitrator, and will be limited solely to the Dispute between You and Inner Solar. The arbitration, or any
portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action
basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone,
online or in person, whichever method of presentation You choose. If You prevail
in the arbitration of any Dispute with Inner Solar, Inner Solar will reimburse You for any fees you paid to NAF in connection
with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and
judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other
than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys fees incurred in
staying or dismissing such other proceedings, or in otherwise enforcing compliance with this dispute resolution provision.
You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including
the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those
rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph.
The Federal Arbitration Act, 9 U.S.C. Section 1, et seq shall govern this arbitration provision. For the purposes of this
provision, the term Dispute means any Dispute, controversy, or claim arising out of or relating to (i) this Agreement, its
interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery,
receipt or use of any product or service from Inner Solar, or iii) any other Dispute arising out of or relating to the relationship
between You and Inner Solar; the term Inner Solar means
Inner Solar Roof System, Inc, its parent, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents,
assigns, building suppliers, and/or any third party who provides products purchased from or distributed by Inner Solar; and
the term You means you, or those in private with you, such as family members or beneficiaries.
Information may be obtained from the NAF on line at www.arb-forum.com, or by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, MN. 55405.
9. General.
You may not assign this Agreement without Inner Solar's written consent. Inner
Solar Roof System, Inc. and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between
this Agreement and any other agreement included with or relating to products or services purchased from Inner Solar, this
Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Inner Solar.
Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Inner
Solar. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions
shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Florida, without giving
effect to conflicts of law rules.
Privacy
Notice. Inner Solar respects our customers right to privacy and will take all appropriate steps to keep your personal
information confidential.
In addition, Inner Solar obtains customer information from other companies that provide products
and services to our customers. By purchasing, using other companies products
that are distributed by Inner Solar, you agree that these companies may transfer your customer information to Inner Solar.
For Residents
of Canada:
1. This Agreement is subject to the
applicable provisions of Canadian consumer protection laws that cannot be delegated from by private agreement.
2. Shipping
and Title. You must comply with all applicable export laws and regulations
of Canada, the United States and other relevant countries, if you export the Product outside Canada.
3. Return Policy.
Inner Solar does not accept for return any products purchased from a Reseller. To return products to Inner Solar, contact
Inner Solar Support and follow the instructions you receive. In all cases, Inner Solar will not be responsible for any shipping
and handling charges to and from Inner Solar, or paying or refunding Customs fees or taxes that may be due.
4. Language.
You confirm your request that this Agreement and all documents related directly or indirectly thereto be drafted in the English
language. Vous reconnaissez avoir requis que laprésente convention ainsi que tous les documents qui sy rattachent directement
ou indirectenent soient rédigés en langue anglaise.
For Residents
of Mexico:
1. Shipping and Title. You
must comply with all applicable export laws and regulations of Mexico, the United States and other relevant countries if you
export the Product outside Mexico.
2. Return Policy. Inner Solar does not accept for return any products purchased
from a Reseller. To return products to Inner Solar, contact Inner Solar Support and follow the instructions you receive. To
return a product purchased directly from Inner Solar in the United States, contact Inner Solar International Support in the
United States and follow the instructions you receive. In all cases, Inner Solar will not be responsible for any shipping
and handling charges to and from Inner Solar, or paying or refunding Customs fees, taxes, or VAT that may be due.
For All
International Customers:
The standard warranty
stated above also applies to Inner Solar products shipped to a country outside the United States, provided that customers
outside the United States and Canada are responsible for paying all freight charges incurred in shipping, importing/exporting
and receiving replacement products and parts, and for arranging and paying for the shipment of any defective part(s) back
to Inner Solar. All International customers are responsible for all Customs duties, VAT and other associated taxes and charges.
