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Become a DealerWholesale Terms and Conditions
(1) Approved Customers and Price ListOrders can be placed with Solar Power by all approved Customers. Approval is subject to Solar Power’s sole opinion. Contact our sales staff for more information. (2) OrdersAll orders placed by Customer will be binding even if no expressive written order confirmation is given by Solar Power. Written order confirmations by Solar Power will be binding for Solar Power. All orders must include delivery dates, quantities and complete description of Products or item code being purchased. There will be a 15% cancellation fee for orders that (i) are changed more than 48 hours after placement of orders, or (ii) have already been shipped, or (iii) have already been placed with and confirmed by Solar Power. (3) Minimum Order SizeThe minimum order size is one 20 ft container load or 100 panels. (4) PricesPrices that Solar Power quotes are valid for 14 days unless otherwise specified. Prices otherwise displayed by Solar Power, for example on the price list, are subject to change without notice. Prices do not include any federal or state taxes, or other governmental charges, which, when applicable, will be invoiced in addition to the prices set forth herein. (5) Payment and Credit PolicyTerms are pre-payment with order, by either T/T or LC at sight, visa credit card or approved credit payment terms. Solar Power charges an additional fee of 1% of the invoice amount for credit card payment and 1.5% per month sale and/or under credit term. For pre-payment by cheque or wire transfer a 1% discount is offered. Solar Power reserves the right to establish and/or change credit and payment terms extended to Customer when, in Solar Power’s sole opinion, Customer's financial condition or previous payment record warrants that action. Solar Power will consider granting credit to long-term Customers that have placed a minimum order volume of US $60,000 through at least two separate transactions with us over the last 12 months. Solar Power will also consider granting credit to new Customers that are anticipating regular, monthly business and are placing a minimum order of US $35,000. Contact Solar Power and request a credit facility with Solar Power. All late payments shall be charged interest computed and compounded on a daily basis from the due date until paid in full at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. On delinquent accounts, Solar Power shall not be obligated to continue performance under any agreement with Customer. Applicable VAT, sales taxes will be charged on all orders until a valid resale certificate is on file. Charges for sales taxes will not be refunded on any orders placed prior to receipt of your certificate. (6) Freight Charges and Rush FeesAll prices are F.O.B. point of origin ex-works Solar Power Gaborone Botswana. Solar Power charges the actual shipping cost or allows dealer to make its own shipping arrangement for picking up ex-works Solar Power. (7) Returns PolicyNo merchandise may be returned without prior authorization from Solar Power. If the return is authorized, the buyer will be issued a return authorization (RA) number, which must be clearly marked on the package. Only the purchasing Customer may return Products to Solar Power. All other purchasers must return Products through the dealer from whom they purchased Products. Solar Power will credit the purchase price of all normally stocked merchandise returned in new condition, in original packaging, within 30 days of purchase. There will be a 15% restocking charge on merchandise returned after 30 days. (8) Warranty RepairsAll warranty repairs must be done by the manufacturer. Contact solarpower@solarpower.bw. (9) Security InterestSolar Power retains a security interest in the products delivered to Customer, and in their accessories, replacements, accessions, proceeds and products, including accounts receivable (collectively, the Collateral) to secure payment of all amounts due under this Agreement. If Customer fails to pay any amount when due, Solar Power shall have the right to repossess and remove all or any part of the Collateral from Customer, but not from Customer's customers. Any repossession or removal shall be without prejudice to any other remedy of Solar Power hereunder, at law or in equity. Customer agrees, from time to time, to take any act and execute and deliver any document (including, without limitation, financing statements) reasonably requested by Solar Power to transfer, create, perfect, preserve, protect and enforce this security interest. (10) Statute of LimitationsNo action by Customer may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. (11) Limitations of LiabilityThe liability of Solar Power hereunder for all claims shall not exceed the sum of Customer's payments for the Products which are the subject of the dispute. Solar Power assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, or other losses incurred by Customer or any third party in connection with the Products. (12) Governing LawThe construction, interpretation and performance of this Agreement and all transactions under it shall be governed by the laws of the Republic of Botswana. Solar Power and Customer specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. (13) Choice of ForumThe parties hereto agree that any suits, actions or proceedings arising out of this Agreement that may be instituted by any party hereto shall be instituted only in the national courts in the Republic of Botswana, and the parties hereto do hereby consent to the jurisdiction of those courts and waive any objection which they may now or hereafter have to venue of those suits, actions or proceedings. (14) Force MajeureExcept for the payment of money, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by causes beyond its control (Force Majeure Conditions), including, but not limited to, fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes. If any Force Majeure Condition occurs, the party delayed or unable to perform (Delayed Party) shall give immediate notice to the other party (Affected Party), and the Affected Party, upon giving prompt notice to the Delayed Party, shall be excused from performance under this Agreement for the duration of the Force Majeure Condition, provided, however, that the Affected Party shall take all reasonable steps and cooperate with the Delayed Party to avoid or remove the cause of non-performance and shall resume performance hereunder with dispatch when the cause is removed; and provided further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate this Agreement. (15) Non-WaiverNo course of dealing or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of that term, right or condition. (16) Entire AgreementThis Agreement shall constitute the entire Agreement between the parties with respect to the subject matter of this Agreement and shall not be modified or rescinded. The provisions of this Agreement supersede all prior oral and written quotations, communications, agreements, and understandings of the parties with respect to the subject matter of this Agreement. |
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USA Contact Mike Adrian 211 Dillard Dr. NE Kennesaw, GA 30144 USA Tel: 770 852 2059 Tel: 679 360 1034 ussolar@solarpower.bw |
Head Office - Botswana Morteza H. Abkenari 5678 Kubu Rd Broadhurst Industrial Gaborone, Botswana Tel: +267 391 2915 Fax: +267 391 4557 solarpower@solarpower.bw |
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