Terms & Conditions
CalSol Energy, Inc.
Purchase Agreement
By accepting delivery of any product and/or service (“Product”) delivered from CalSol Energy, Inc. (“CalSol Energy”), you (“Customer”) agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and CalSol Energy.
1. Parts and Service
A. Description:
Service includes Plan sets, Diagrams, Custom Packaging, Engineering Review, System Design, Installation, Monitoring, Maintenance, and Training. All parts come with original manufacturer warranty and the respective manufacturers handle warranty and advanced technical support.
B. CalSol Energy Warranty:
The majority of products sold by CalSol Energy are not manufactured by CalSol Energy. All products are covered by the original manufacturer’s warranty, service, or support policy (if applicable). If a technical issue occurs with your product upon receipt or installation, we urge you to contact the manufacturer directly. The Customer shall be responsible for the return of any defective product and agrees to use only reputable carriers capable of providing proof of delivery and insurance for the value of the shipment. CalSol Energy bears no responsibility in sending a replacement item to the Customer in the event that they have received a defective product. If you receive a defective unit, contact the manufacturer and they will typically repair or replace the product.
C. Local Variations, Permits:
Additional cost may be incurred for your project for engineering, permitting, or installation, as required by local jurisdictions. These requirements vary greatly, and CalSol Energy will not be responsible for these costs under any circumstances.
If CalSol Energy is unable to obtain a permit, CalSol Energy will accept a return shipment and refund the cost of the equipment, minus shipping, restocking, or other applicable fees as provided herein.
D. Right to Refuse Service:
CalSol Energy reserves the right to refuse service to anyone.
2. Orders and Shipping
A. Title & Risk of Loss:
CalSol Energy will arrange for shipment of ordered product(s) to the Customer or Free-On-Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. CalSol Energy reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow CalSol Energy to sign appropriate documents on Customer’s behalf to permit CalSol Energy to protect its purchase money security interest. CalSol Energy will advise Customer of estimated shipping dates, but CalSol Energy will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation: acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
B. Processing Time:
You can expect your order to be processed within five business days. CalSol Energywill attempt to ship your order within 30 days of order placement unless otherwise communicated prior to order confirmation.
If you need a product or service by a certain date, please check with your Customer Support Representative regarding availability and shipping options. CalSol Energy is not responsible for delivery date changes from suppliers.
C. Back Orders:
Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped per the ship date in the order confirmation. Estimated ship dates for backordered items will be provided. However, please note that these dates are “estimates” based on manufacturer information and not guaranteed to arrive on that date.
D. Order Status:
CalSol Energy will make all possible efforts to keep you informed of your order via e-mail. Your tracking number will be emailed to you once the item is shipped. Please check your spam folders and approve CalSol Energy as a trusted sender.
E. Change Orders:
You may change your order, provided that your order has not yet been processed and shipped. If items have shipped, then a restocking fee of 15% will apply. Please contact your Customer Support Representative directly with any changes and have your quote number available.
F. Shipping Policy:
CalSol Energy and CalSol Energy vendors carefully inspect all shipments. Customers must inspect their shipments upon delivery, prior to signing the release, and document any discrepancies or damage to the shipment on the freight carrier delivery note.
Customers who will not be signing for their order when it is delivered are responsible to see that the person signing has read and understands CalSol Energy’s Terms and Conditions. CalSol Energy is not responsible for delays due to carrier exceptions.
G. Important – Inspection Required:
You or your receiving agent MUST check your order upon receipt for accuracy and possible concealed damage and notify CalSol Energy of any discrepancies within 24 hours. Undiscovered damage claims not noted on the delivery receipt cannot be made with a carrier or CalSol Energy. When shipped, CalSol Energy ensures proper packaging and takes pictures of each outbound shipment. It is your responsibility to check your shipment. Your signature on a shipping receipt is a legal release of claim for damage unless noted within 24 hours of receipt.
An independent shipping contractor such as UPS, FedEx or a commercial trucking company will deliver the order. When the shipment arrives, the driver will ask you to sign for the delivery. This is a legal document stating that the package is being delivered in good condition without damage and that the customer is waiving any additional claim from the shipper. Before signing, inspect the package(s) closely on all six sides. Note any box damage including scuffs, dents, tears, punctures or creases on the delivery receipt. If there is anything unusual with the package, the customer has the right to open it to inspect the contents. If the driver is unwilling to wait while you inspect all of the items, you may mark on the delivery receipt “Concealed Damage Possible”.
If there is damage to the shipment, you must choose to accept the shipment with damage noted/documented or refuse the package and contact CalSol Energy immediately.
3. Payments, Fees, Taxes:
A. Payment Methods:
CalSol Energy accepts the following payment methods:
For Immediate Payment: (1) Visa, MasterCard, Discover; (2) ACH Bank Transfer; (3) Bank Wire Transfer for orders over $600 (Your bank may charge a fee for this service).
Other forms of Payment:
(1) Personal or Business Check. Orders will be processed and shipped after the receipt and bank clearance of the check. Allow 7 to 10 business days;
(2) Single Cashier’s Check over $10,000. Cashier’s Checks are considered a cash equivalent by the IRS. The issuing bank will require a Form 8300, which is a Report of Cash Payments to the IRS requiring your Federal Tax ID. Orders will be processed and shipped after the receipt and bank clearance of the check. Allow 7 to 10 business days.
(3) Money Order, and/or Cashier’s Check totaling less than $10,000. Note – Form 8300 is not required for a single order less than $10,000.
(4) Money Order and/or Cashier’s Checks totaling more than $10,000. For this type of payment, or combination of cash equivalents, CalSol Energy is required to submit Form 8300 and will require your Federal ID and contact info. Allow 7 to 10 business days for any Cashier’s Check to clear.
Purchase Orders for commercial customers with extended terms must be approved by our Credit Department (See Payment Terms on Orders, below). If you place a purchase using your own Purchase Order Form, you agree that no terms on the Purchase Order you place shall supersede or otherwise modify these General Terms and Conditions.
No C.O.D. orders, please. A $25 fee will be assessed for returned checks.
Note: Payment by check or wire transfer is required to take advantage of our current offers, please ask your sales advisor for details.
Credit Cards are accepted on select orders only. Credit card issuers may place a temporary “authorization hold” on your account to verify that funds are available for a given purchase. In the event that the security code or billing address supplied by you does not match the records of your card issuer, the transaction will be voided and CalSol Energy will not accept your payment. However, the card issuer may take up to 7 days to release the funds back into your account. Please contact your credit card issuer for more information on their authorization policies.
B. Payment Terms on Orders:
An order is not binding upon CalSol Energy until it is accepted. CalSol Energy must receive payment before it will accept an order unless otherwise previously agreed in writing. Payment for product(s) ordered is due prior to shipment.
Extended Credit for commercial customers may be established in the following manner:
1. Customer requests extended terms and provides required information to the CalSol EnergyCredit Department to conduct an initial business review.
2. Customer must make pre-payment in full for initial three (3) transactions (not exceeding $50,000) within a 12-month period.
3. Following initial order requirements and receipt of positive credit check, limited credit terms of 50% Deposit/Net 30 can be established.
4. After multiple payments are received per established terms, the account may be reviewed for extended credit terms.
CalSol Energyholds the right to reject, rescind or alter credit terms without notice at any time. Credit terms are extended for a 12-month period and renewed annually based on satisfactory credit history.
NOTE: Existing customers who have not placed orders in over a 12-month period must re-establish credit terms based on the above criteria.
C. Sales and Use Taxes:
All CalSol Energyorders are subject to applicable sales tax. The customer is responsible for payment of all applicable sales tax. Sales Tax Exemption will be granted only when federally required documentation is provided to and accepted by CalSol Energy. If the documentation provided it not accepted, it is the responsibility of the customer to request a refund directly from the state or federal tax authority.
D. Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges. Shipping and Handling is subject to Sales Tax.
E. Storage Fees:
At the customer request, CalSol Energy will hold shipment of a purchased CalSol Energy designed system without storage fees, for up to 30 days. At the end of the 30-day period, the order will be automatically scheduled to ship in 10 business days unless the customer advises CalSol EnergyCustomer Support of the following:
1. Permit rejected due to a design issue.CalSol Energywill review the issue and redesign the system to address the permitting issue. As necessary, new documentation will be provided for the customer to resubmit the permit application. If permit is still rejected after re-design & second submission, a full refund will be issued to the customer.
2. Permit rejected, customer requests to cancel order within 30 days of order placement. If the customer rejects the CalSol Energypromise to redesign the system to meet permitting requirements and cancels the order, a refund will be issued less a 5% restocking fee.
3. Permit delayed beyond 30 or issued but customer not yet ready to receive material. If permits are delayed beyond 30 days or if the permit is issued but the customer cannot arrange to receive the shipment, CalSol Energywill store the material for a flat fee of $500 starting on the scheduled shipment date. All storage fees must be paid in advance. At the end of the 30 days the order will be shipped.
4. Permit issued, Customer requests to cancel the order. The customer will be refunded less 15% restocking.
5. Customer requests order cancellation for any reason other than specified above; refund will be issued less 15% restocking fee.
4. Privacy
A. General Privacy Policy:
CalSol Energy respects your privacy. We collect limited information to help us understand our website visitors and to process requests submitted via online forms. We share information only when it is necessary to fulfill a customer request, such as to ship an order or process a newsletter signup. We never sell your information. For details, please see our full Privacy Policy.
B. Sharing Information with Energy Partners:
We may share your information with installers or other energy partners for purposes of introducing you; facilitating a transaction; monitoring, financing, and servicing your CalSol Energy product; customer service; and/or other purposes. This may include your name and contact information, unique site ID, IP address, system components, and identification numbers, production information, and consumption information. Other energy partners may include, for example, solar renewable energy certificate (“SREC”) reporting services, third-party owners if you finance your system through a lease or power purchase agreement, or system maintainers.CalSol Energy is a partner company with Zara Construction, license number 1063261.
C. Links:
CalSol Energy’s website contains links to other websites. Please be aware that CalSol Energy is not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when leaving our website to read the privacy statements of any other sites that collect personally identifiable information.
D. Website Cookies:
CalSol Energy’s website uses a third-party service to match browser cookies to your mailing address. We then use another company to send special offers through the mail on our behalf. CalSol Energy’s website never receives or stores any of this information, and our third-party partners do not provide or sell this information to any other company or service.
E. Security:
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted. Once the information is received, trusted authorized employees will process your payment, and ensure that your information is handled with the highest level of security. Credit card information is not stored within our systems once an order is completed. You will be asked to provide your credit card information with each new order.
5. Processing Time
You can expect your order to be processed within five business days. CalSol Energy will attempt to ship your order within 30 days of order placement unless otherwise communicated prior to order confirmation. If you need a product or service by a certain date, please check with your Customer Support Representative regarding availability and shipping optionsCalSol Energy is not responsible for delivery date changes from suppliers.
6. Cancellation Policy
To cancel your order, contact Customer Support during normal business hours. Provided your order has not yet been processed, and your payment has not been processed, no fees will be applied. Processed orders will have a 5% cancellation fee deducted from your refund within the first 30 days. If any portion of your order has shipped, a 15% restocking fee will be deducted from your refund. The refund will occur within 5 business days of the receipt of the cancellation or the return of all shipped products.
Some products offered by CalSol Energy are custom built or special ordered. These items include but are not limited to: power centers, battery enclosures, and custom racking systems. Cancellation of these items will result in a cancellation fee, even if the item has not shipped. The cancellation fee will vary depending on the manufacturer. Certain products, such as Outback Power Pre-Wired Power Stations, are non-refundable, due to the manufacturer cancellation fees. If a discount was applied to an order for a non-refundable product, the discount amount will be deducted from the refund. For example, if your order included a free shipping discount, the shipping fees would be deducted from the refundable amount.
7. Return Policy
Merchandise, except for products identified as non-refundable, may be returned within 30 days of the receipt of the product. Returns are subject to a standard restocking fee. Prior to returning items, it is necessary to obtain an RMA # (Return Merchandise Authorization Number) for your return. Contact Customer service to request an RMA. Once you have received your RMA # and return instructions, you are responsible for shipping, including shipping costs, to return the merchandise to CalSol Energy. RMA numbers are valid for 30 days from the date issued and items must be received in that timeframe. Please reference this number in a clear location on the outside of the package and any documents included in the shipment when returning product. The Customer shall be responsible for the return of any unused product and agrees to use only reputable carriers capable of providing proof of delivery and insurance for the value of the shipment. Returned material must be received in new and resalable condition with the original blank warranty cards, manuals, and all accessories. If any component of the RMA is missing or not in new condition, CalSol Energy may reject the return or choose to impose additional charges for replacement of any missing or damaged component(s).
Customer pays return shipping on all product returns. A refund or credit towards your account, less cost of any replacement/refurbishment cost and restocking fees will be processes within 5 business days of RMA receipt & inspection. A 15% restocking fee will be charged for all returns. Custom built items, including but not limited to: Power Centers and custom-built mounting systems, are non-returnable. Built-to-order items, special order items, and breakers are non-returnable. Shipping charges are non-refundable.
8. Product Listings
CalSol Energy product & service descriptions are not designed or intended to replace your personal product knowledge, experience and/or research or that of a professional installer or licensed electrician.
CalSol Energy strives to be as accurate as possible in our product & service descriptions, compatibility references, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur, and we therefore cannot guarantee that all product descriptions, specifications, pricing, or any other content on the site is entirely accurate, complete, current, or that we are ultimately responsible for these errors. In the event that a product is listed at an incorrect price due to typographical, informational, technical, or any other error, CalSol Energy at its sole discretion, shall have the right to refuse or cancel any order for that product and immediately amend, correct or remove the inaccurate information. Moreover, all links on CalSol Energy’s website are intended only to provide visitors with assistance in finding additional information and professional opinion; however, due to the fast pace of the industry, complex nature and personal subjective experiences, reviews can become outdated or less accurate over time or even at inception and should therefore never be the sole determinate in a purchasing decision, or, most importantly, a substitute for doing one’s own product research. Please remember to consider, you, our valued patron, are ultimately responsible for any purchase decision.
9. Limitation of Liability
IN ALL CIRCUMSTANCES CALSOL ENERGY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. CALSOL ENERGY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. CALSOL ENERGY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT CALSOL ENERGY IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
10. Miscellaneous
A. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between CalSol Energy and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this agreement. CalSol Energy and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Sacramento County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against CalSol Energy that is more than one year after the date of the applicable invoice.
B. Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
C. Waiver:
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
D. Signatures by Facsimile:
Signatures on this agreement or any related agreement shall be valid whether those signatures are original signatures or reproductions via Fax, Email, or Electronic Signature.
E. Entire Agreement:
These terms and conditions, together with CalSol Energy’s invoice respecting the products ordered by Customer, are the complete and exclusive agreement between CalSol Energy and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between CalSol Energy and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.