General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
ARTICLE 1- PREAMBLE
1-1 SCOPE AND PURPOSE
These are the terms and conditions (the "General Terms and Conditions of Sale" or "GTCS") on which we sell and/or supply Products (defined in Article 2-1) to you (the "Client"). They govern all sales and services by LAC Solar (defined at Article 1-4) and set out the rights and obligations of the parties hereunder. They supersede, extinguish and prevail over any other condition imposed by the Client or by any custom in force at the time of the sale.
1-2 WHY YOU SHOULD READ THE GTCS
Please read these General Terms and Conditions of Sale carefully before you place your order to us (an "Order"). These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1-3 YOUR ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
By validating an Order, you acknowledge having read, understand and unconditionally accepted the provisions of the General Terms and Conditions of Sale in their entirety, and consent to being contractually bound under them.
Accordingly, LAC Solar undertakes to comply with all its obligations arising hereunder.
1-4 INFORMATION ABOUT US: LAC SOLAR
LAC Solar is a privately held company ("LAC Solar", "us" or "we" as the case may be).
You can contact our customer service team via phone at (786) 224-9486, Skype at LAC Solar,or by emailing us at firstname.lastname@example.org.
If we need to contact you we will do so by telephone, Skype or by writing to you at the email address or postal address you provided to us in your order.
1-5 OUR WEBSITE AND INTELLECTUAL PROPERTY
The Internet site www.lacsolar.com (the "Website") is operated by LAC Solar.
All components of the Website, namely texts, photos, illustrations, graphics, trade names, logos, service marks are protected by copyright, trademark and/or other intellectual property rights, and are the sole and exclusive property of LAC Solar. It is strictly prohibited to reproduce, exploit, redistribute or use for any purpose whatsoever, in whole or in part, any component of the Website whether software, visual or audio. It is strictly forbidden to create any simple link or hyperlink to the Website or any part thereof without the prior written consent of LAC Solar.
The General Terms and Conditions of Sale are in the English language and define the rights and obligations of the Client and LAC Solar.
ARTICLE 2- THE PRODUCTS
2-1 PRODUCT COMPLIANCE AND DESCRIPTION
The products offered for sale by LAC Solar are described and presented as accurately as possible, in accordance with all the information provided by LAC Solar's suppliers (each, a "Supplier"). BUT color may vary on occasion. LAC Solar ensures that all relevant Product sheets describe the essential characteristics of the Products (the "Essential Characteristics") as correctly and as practically possible. If you have questions regarding a product it is the Clients responsibility to inquire further before submitting any payment. LAC Solar cannot guarantee acceptance of a return or a refund if a Client is unsatisfied with a product simply because they are dissatisfied with it.
2-2 PRODUCT-IMAGE VARIATION
The images and photographs of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device's display accurately matches the Products. Accordingly, the Product images and photographs and related captions (other than Product specifications) are purely indicative and are not contractually binding.
ARTICLE 3- PRICE
General. All prices on the Website are displayed in US$ (US Dollars), exclusive of all taxes, duties and charges, and exclusive of shipping and processing costs. Taxes, duties and charges and shipping and processing costs are the responsibility of the Client.
Once you confirm your Order by settling it via bank wire transfer, you signify your agreement on the Product and the corresponding price, and the sale is therefore concluded.
Promotional Offers and Sales. During promotional or sale offers, the original price of a Product will be crossed and the promotional price indicated on the Website will apply subject to any specific applicable conditions.
Price Revisions. LAC Solar may revise its prices at any time. However, the Product will be invoiced according to the price in force at the time of the confirmation of the Order, and subject to availability.
3-2 VAT, TAXES, DUTIES, CHARGES AND ASSOCIATED COSTS
As mentioned in Article 3-1 above, the Website displays all Product prices exclusive of all taxes, duties, charges and associated costs.
As part of a CIF sale LAC Solar organizes and pays for shipment and insurance to your port of destination. You shall bear all transportation/shipping costs, including our carrier costs, and you shall be invoiced at the end of the Order, over and above the price of the Products.
3-3 PROPERTY AND RISK TRANSFER
The Products shall remain the sole property of LAC Solar until full payment is received by LAC Solar. The responsibility, risks of loss or damage to the Products shall be transferred forthwith to you once delivered to the address you gave us or a carrier organized by you collects it from us and physically possesses the Products ordered.
ARTICLE 4- PRODUCT AVAILABILITY
Product availability on the Website may be indicated in any one of the following:
- In stock: the Product is physically available in stock in the LAC Solar warehouses and is ready for shipment;
- 8 to 10 weeks (for example): the Product is available at our Supplier's and shipment will be made within 8 to 10 weeks;
- Made to Order: the Product is manufactured on demand, upon your making an Order the shipping time will be determined in LAC Solar's quote to you;
- Pre-Order: the Product is new and you may pre-order the Product and request priority delivery. The shipment date will be communicated to you by email.
For avoidance of doubt, the above delays/timeframes start running as from your payment confirmation on the Website.
If a Product that is ordered is not available, we shall contact you by email, Skype or telephone to inform you of the delivery time and require your express consent, as the case may be.
However, if one of our Suppliers has withdrawn a Product from trade or from the market for any reason whatsoever, LAC Solar shall withdraw the Product from sale as soon as possible. LAC Solar shall not be held liable in any way to a Client on account of such a withdrawal of a Product.
ARTICLE 5- ORDER
5-1 MAKING AN ORDER
Any Order shall be deemed the Client's express and irrevocable acceptance of the price, the Product description (of the Essential Characteristics) and the present General Terms and Conditions of Sale.
An Order will generally follow these steps:
To place an Order, you may visit www.LACSolar.com to view our catalogue and then contact us via email, phone or Skype with the item number(s) and quantity of the item(s) you wish to order. Please also supply us with your destination port or mailing address, whichever is the preferred delivery point.
We will then supply you with the total cost, shipping options/costs and payment details.
You will confirm shipping and complete payment.
We will acknowledge receipt of your payment by email.
We will initiate the shipping of the product to you and supply you with tracking information when it is available.
By submitting payment you are confirming and accepting the General Terms and Conditions of Sale
- Once you have received your Proforma Invoice with LAC Solar's bank details, you must proceed to the payment on your Order via Wire Transfer. This step shall firmly and definitely formalize and legally bind you to a contract of sale with LAC Solar.
In case the payment of your order is not received within 15 days after placing your order, the order will be automatically cancelled.
ARTICLE 6- ONLINE PAYMENT
6-1 SECURED PAYMENT
Your validation of your Order implies your obligation to pay the indicated price.
All payments will be made by Wire Transfer directly to LAC Solar's bank account.
6-2 LATE PAYMENT
Your late payment will result in an additional payment of a compensation of $60.00 (US Dollars) being due, as well as a penalty fee calculated on the basis of 3 times the legal interest rate in force.
In view of limiting fraud risks and protecting the Clients' interests, LAC Solar may occasionally conduct checks on the validity of effected payments.
In the event of such a check, we will inform you by email of the supporting documents you will have to communicate to LAC Solar's Client Services for a final and definitive confirmation of the Order.
Upon completion of such a check (if conducted):
- LAC Solar shall reserve the right to accept or reject the Order
- Where the supporting documents requested above are not received within a delay of 48 hours from the request thereof, LAC Solar shall reserve the right to reject the confirmation of the payment and therefore reject the Order;
- Where LAC Solar's Client Services deems the above supporting documents non-compliant with its requirements, LAC Solar shall reserve the right to reject the Order.
ARTICLE 7- PRODUCT SHIPMENT
7-1 FREIGHT FORWARDER
The Products are shipped directly to your port of destination via our freight forwarder partner (CIF sale). LAC Solar's sales team or our freight forwarder's agent shall contact you for a meeting upon arrival of the Products.
Products that are ordered are shipped to the port of destination chosen by the Client at the time of the Order (CIF sale).
At the time of reception of the parcel, you are required to verify its general state.
You are further required to check the contents of the parcel in the presence of the deliverer.
Warning: all transportation risks are covered on the condition that the Client has verified the Products on their arrival and has exercised, where appropriate, its remedies against the deliverer within 48 hours of the delivery (noting any issue by expressing reserves on the delivery slip).
7-3 RETURN SHIPMENT
None of the Products may be returned to LAC Solar without LAC Solar's express prior consent and without reshipping instructions from LAC Solar. You may return the Products to LAC Solar within eight (8) days from the date of your reception thereof. All reshipment costs are payable by you.
Returned Products must remain intact in their original packaging, with no trace of use, and accompanied by all related accessories, user manuals and documentation, as the case may be. Products returned incomplete, spoiled, damaged, or dirtied by the Client shall not be taken back, exchanged or refunded.
The refund of the Product(s) returned will take the form of a credit note valid for a one year period (as from its date of issue) on the Site.
ARTICLE 8- CLIENT SATISFACTION
We want you to be completely satisfied with the Products and the services that are proposed and rendered to you through the Site. However, it may happen that the Product that is delivered to you does not correspond to your expectations. In such a case, Product returns/reshipments must be justified. LAC Solar shall under its sole discretion determine whether a Product you claim not to be satisfactory can be exchanged or refunded. See Article 7-3.
ARTICLE 9- PRODUCT WARRANTIES
The Products are covered by a manufacturer's warranty which vary in scope and duration according to the nature of the Products and the brands.
The manufacturer's warranty does not cover the following:
- Replacement of consumables (batteries, bulbs, fuses);
- The abnormal or non-compliant use of the Products;
- Damages due to interference by a technician not licensed by LAC Solar;
- Damages arising from a cause that is external to the Product (e.g. accident, shock, lightning, electricity fluctuation...).
In any event, LAC Solar shall not be liable where the manufacturer rejects a warranty claim for the reasons stated above.
All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in this agreement are excluded from this agreement to the fullest extent permitted by law.
ARTICLE 10- DATA PROTECTION
10-1 PERSONAL DATA
LAC Solar may collect personal data concerning you (Personal Data), within the limits of the Data Protection Act 2004. Accordingly, such data collection is necessary for the processing of your Order, the discharge of the obligations under the General Terms and Conditions of Sale, as well as for the enhancement of the services and information that LAC Solar aims to provide you.
You hereby represent that the Personal Data are accurate, authentic and up-to-date. Your acceptance of the General Terms and Conditions of Sale constitute your express and unconditional authorization to LAC Solar to collect and process the Personal Data.
Where applicable, you authorize LAC Solar to communicate the Personal Data to companies in their capacities as assigns, sub-contractors, agents, consultants, etc. for the performance of the obligations here under and the processing, management, handling of the services associated with the Orders.
Such Personal Data are also collected for security purposes to ensure legal and regulatory compliance. In accordance with sections 41 to 44 of the Data Protection Act 2004, You are entitled to access, denial of access, and rectification rights in relation to your Personal Data directly on the Site by writing, by email, to LAC Solar, Client Services, at info@LACSolar.com.
LAC Solar shall file and archive all Order forms and invoices using such reliable and lasting media that shall constitute an accurate true copy, for evidential purposes, in accordance with applicable laws. Computerized registers shall be deemed by all concerned parties as constituting evidence of communications, Orders, payment and transactions that have taken place between the parties.
ARTICLE 11 -FORCE MAJEURE
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. To the extent applicable, if the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 15 days' written notice to the affected party.
ARTICLE 12 -LIMITATION OF LIABILITY
Nothing in these General Terms and Conditions of Sale limits or excludes our liability for death or personal injury caused by our gross negligence, willful default, fraud, defective Products contrary to the Product description and compliance under Article 2, or breach of the Product warranties under Article 9.
Subject to the foregoing, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these General Terms and Conditions of Sale for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill; or
(vi) any indirect or consequential loss.
ARTICLE 13 - VARIATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
LAC Solar reserves the right to adapt and vary, at any time, the present General Terms and Conditions of Sale. In the event of such variation, the revised GTCS shall become effective on the date of their online publication on the Site, and shall apply to all Orders made as from such date.
ARTICLE 14 - ENTIRETY AND SEVER ABILITY OF PROVISIONS
The General Terms and Conditions of Sale constitute the entire and sole contract between the parties and extinguish and supersede all previous agreements between them in relation to the matters hereto. If any provision of the General Terms and Conditions of Sale is or becomes invalid, void, illegal or unenforceable, all the other provisions shall remain valid and enforceable, in full force and effect.
ARTICLE 15 - GOVERNING LAWS
These GTCS shall be governed and construed in accordance with the laws of the United States of America and more specifically the State of Florida.
Last updated on February 12, 2019