The following terms and conditions apply to all orders filled by Energy Solutions International. Acceptance by buyer of products delivered by Energy Solutions International will constitute buyer’s acceptance of all these terms and conditions. No changes or additional terms and conditions which are contained in any purchase order or which are otherwise submitted by a customer will be binding on Energy Solutions International unless in writing and signed by an officer of Energy Solutions International or authorized representative.
1. TERMS OF PAYMENT
Net thirty (30) days, in U.S. Dollars. Notwithstanding the acceptance of an order, we reserve the right not to ship material to any customer not paying in accordance with our terms or who in our sole opinion may be unable to meet their obligations to ESI.
2. ACCEPTANCE OF ORDERS
Orders shall not be binding until accepted at the home office of Energy Solutions International in St. Paul, MN.
3. QUOTATIONS
Written quotations are valid for 30 days only. We reserve the right to withdraw or extend after 30 days. All quotations on equals are subject to approval after the submission of catalog cuts. Although every care is used in quoting a competitor’s “equal”, we cannot be responsible for misinterpretation.
4. FREIGHT ALLOWANCE
Normal transportation cost will be prepaid and added to invoice. Full freight will be allowed on shipments over $2,500 within the continental United States. We reserve the right to route at our discretion for those shipments carrying the full freight allowance. Partial releases or shipments to more than one destination will be treated as a separate order for freight allowance purposes.
5. DELIVERY
Routing will be at the discretion of Energy Solutions International, unless the customer assumes additional charges for special routing. Energy Solutions International will not assume storage charges or cartage charges beyond the acknowledged destination address.
6. DELAYS IN DELIVERY
Acknowledged shipping dates (estimated ship dates) are approximations only. We will not be liable for delays in delivery. Under no circumstances will penalty charges for delays be accepted, or orders with penalty clauses be accepted. Every effort will be made to adhere to customer’s requested dates.
7. FIXTURE WARRANTY
All fixtures are warranted for a period of five years from date of shipment against defect in manufacturing provided the defect develops under normal and proper use. Energy Solutions International will provide new parts for any defect found within the warranty period. Damage incurred in handling or in transit is not covered. This warranty extends only to replacement of defective fixtures or components with no labor charges unless specifically authorized in writing by the factory.
The foregoing WARRANTY is given in lieu of all other warranties expressed or implied, including implied warranties of fitness and merchantability, and defines Seller’s sole liability hereunder. Seller shall not be liable for incidental, special or consequential damages of any nature with respect to products sold hereunder.
8. RETURN GOODS AUTHORIZATION
Energy Solutions International will accept for return only those catalog numbers which are considered as stock at the factory provided an RGA number has been issued by Energy Solutions International. The fixtures must have been shipped less than 60 days from the date of the request and must be in saleable condition. There will be a minimum of 35% restocking charges and cost of reconditioning, if required. The fixture must be returned freight prepaid and the cost of outbound freight, if any, will be deducted from the credit. Authorized returned must be received within 30 days of issuance dated. Returns from one jobsite are limited to no more than 10% of job value. No authorizations will be issued for returns with gross value under $250. Errors on the part of Energy Solutions International will be accepted without charge to our customers.
9. TAXES
Buyer shall make reimbursement for any applicable federal, state, or local taxes upon the manufacture, sale, use or transportation of lighting equipment, parts or accessories (or any act incidental thereto) which Buyer may be required to pay unless an exemption certificate is received prior to shipment. The amounts of any such taxes will appear separately on invoices.
10. THRID PARTY CLAIMS
Seller aggress that, until it notifies the Buyer in writing to the contrary, it will maintain in force, with one or more responsible insurance companies, product liability insurance, including a “vendor’s endorsement”, providing protection against claims asserted by third parties for personal injuries or property damage resulting from the purchase, sale or use of products sold to the Buyer hereunder at least equivalent to that customarily carried by other leading manufactures of comparable products. Upon written request of the Buyer, Seller agrees to furnish the Buyer with a certificate of such insurance.
11. GENERAL
This acknowledgment contains all the representations and agreements between the parties hereto. Any assignments of rights hereunder by either party without the prior written consent of the other party shall be void. No waiver by Seller or any default shall operate as a waiver of any other default or of the same default on a future occasion.
TERMS AND CONDITIONS