The terms and conditions set forth below constitute the expression of all the terms of this agreement and a complete and exclusive state of the agreement between the Purchaser and Photovolt Instruments Inc. (Photovolt). All orders are received subject to approval by Photovolt. No alteration of terms herein shall be binding unless in writing, signed by an authorized representative Photovolt. This contract shall be governed by the laws of the state of Minnesota, USA.
Photovolt’s prices do not include sales, use, excise, duties nor any other levies which may be imposed or assessed upon the equipment or the sale of equipment at any time. If the purchaser is exempt from any specific tax which would otherwise be applicable, it shall be the duty of the Purchaser to furnish to Photovolt proper exemption certificate.
Risk of Loss & Title:
The Purchaser assumes all responsibility for and risk of loss or damage to the equipment after delivery at the F.O.B. point to the carrier, at which time title shall pass to the Purchaser, unless the equipment is not fully paid for.
Photovolt warrants that the goods are free from defects in workmanship and materials for a period of one year from the date of shipment from Seller’s facilities. Photovolt makes no warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the goods sold herein.
Photovolt shall be entitled to an extension of time for the performance of any contract of sale in the event of conditions beyond the Photovolt’s reasonable control.
Finished goods on which delivery is delayed due to any cause not within Photovolt’s control may be placed in storage. Expenses associated with storage shall be paid by the Purchaser. Goods in storage can be at Photovolt’s facilities or elsewhere. The Purchaser assumes all risks for goods placed in storage.
New Product Returns:
After receiving your order, should you decide your product is inappropriate for your needs, please call the Customer Service Department at 952-848-2000 to obtain a Return Materials Authorization (RMA) number. The instrument or part should be in new, unused condition, properly packaged and shipped prepaid. You will be charged a restocking fee according to the following schedule.
Days from Invoice Restocking Fee:
0-30 days 15% | 31-60 days 20%
61-90 days 30% | Over 90 days 50%
Any order placed with Photovolt cannot be canceled, unless agreed to in writing by Photovolt. Cancellation charges which shall take into account expenses already incurred and commitment made by Photovolt will be paid by the Purchaser. Cancellation and cancellation charges are made at the sole discretion of Photovolt.
Buyer has the right to inspect all goods upon arrival at Buyer’s principal place of business before delivery is considered complete. In the event the goods do not conform to specifications, Photovolt’s sole obligation shall be to repair or replace the goods at Photovolt’s sole option.
Goods supplied by Photovolt shall be repaired solely by Photovolt and any attempt to repair the goods without Photovolt’s specific agreement in writing shall void all warranties and are considered unauthorized repairs. Any and all expenses incurred by the Buyer in such unauthorized repairs are at the expense of the Buyer.
In no event shall Photovolt be liable for any special, indirect, incidental or consequential damages arising out of or connected with the delivery of goods, regardless of whether or not a claim is asserted on the basis of contract, tort, strict liability or otherwise, nor shall Buyers damages exceed the amount of the purchase price of the goods.
Except as set forth herein, Photovolt makes no warranty to Buyer with respect to the goods and Buyer disclaims all other warranties, express or implied, including, without limitation, any implied warranty of merchantability of fitness for a particular purpose.
Damage or Delay in Transit:
Title to the products sold shall pass to the purchaser upon delivery to the carrier. If the purchaser receives merchandise in a damaged condition, damages should be noted on the delivery receipt to assist in formulating claims against the carrier. The transportation company acts as the agent for the purchaser, and Photovolt is not responsible for loss, damage or delay, with respect to the products, after delivery from our warehouse to the carrier.
Questions? Call 1-800-222-5711