These terms and conditions are governing the sale of products (Products) by Lakeshore Power Systems (dba The Solar Supermarket). These terms and conditions (Agreement) take precedence over Customer’s additional or different terms and conditions. Acceptance by the customer is limited to these terms and conditions. Neither Lakeshore Power Systems commencement of performance nor delivery shall be deemed or constituted as acceptance of Customer’s additional or different terms and conditions. All pricing is quoted in Canadian (CAD) dollars.
All orders placed by the Customer will be binding to the Customer. Order confirmations by L.P.S. will be binding for L.P.S. All orders not placed through the online portal must include quantities and a 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 the manufacturer of Products.
We make every attempt to ensure our on line pricing is accurate, however, with thousands of products and market fluxuations, sometimes the on line price is wrong. We will, at our discretion, honor the on line price in every case possible.
Prices do not include any federal, provincial, or local taxes, or other governmental charges. Applicable taxes are in addition to the product costs. Prices to not include shipping. Shipping will be invoiced in addition to the product costs.
(3) Payment and Credit Policy
Customer orders placed on-line are paid at the time of order by the applicable method at time of order for Paypal payments, or within 24 hours for EMT, wire transfer or other approved method. Orders will not be deemed as entered until payment has been received.
(4) Freight Charges and Ship Fees
All prices are F.O.B the warehouse(s), or manufacturer point of origin (where specified). All “PP&S” (pre-paid and ship) courier shipments wiill be shipped via which ever carrier offers the best solution at the discretion of the shipper. Courier rates and fees are those negotiated with the carrier at the time of shipment. Customers may request specific couriers at time of order, and we will honor those requests where possible.
Freight ship fees are based on the negotiated base rates with the carrier, with additional fees as defined by the recipient address and delivery requirements. Base rates are for commercial addresses which do not need lift gate delivery. Additional fees apply for lift gate, residential, call ahead service, and deliveries of products where any portion of the load exceeds 120″ (most aluminum rails).
We select the freight carrier based on the recipient address. In all cases, it is the jurisdiction of the shipping carrier (courier or freight) to determine the status of the delivery address, and the application of additional fees for the subject delivery. The customer is responsible to pay for any additional fees which may levied by the carrier which are not listed on the original invoice.
(5) Ship Insurance
Unless specifically outlined by us, losses in transit are not covered by us. We do not automatically assign ship insurance beyond the base rate provided by the carrier ($100 typical). Extra insurance may be requested prior to shipment, and the cost associated will be added to the customer at invoice.
(6) Returns Policy
No merchandise may be returned without prior authorization. If the return is authorized, the Customer will be issued a return authorization (RA) number, which must be clearly marked on the package. Only the purchasing customer may return products. We 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. All items must be returned freight prepaid and insured. Items not in salable condition, not normally stocked, and special order items may not be returned for credit. Items not returnable for credit include trackers, pole mounts, power panels, batteries, and other custom ordered or assembled items.
Product returned that are damaged due to Customer error or misuse will be held for 30 days. Customer will be contacted and advised of no credit for returned and damaged product, and must make arrangements for product pick up. After 30 days, all such products left will be disposed of without further liability.
All warranty contacts and repairs must be performed by and directly through the manufacturer. We will assist with manufacturer contact information as needed..
(8) Statute of Limitations
No action by the Customer may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
(9) Limitations of Liability
The liability of L.P.S. hereunder for all claims shall not exceed the sum of the Customer’s payments for the products which are subject of the dispute. L.P.S. assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, or other losses by Customer or any third party in connection with the products.
(10) Governing Law
The constitution, interpretation and performance of this Agreement and all transactions under it shall be governed by the province of Ontario.
(11) Choice of Forum
The 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 provincial or federal courts in the city of St. Thomas, Ontario, 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.
(12) Force Majeure
Except 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 events 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 provide further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate this Agreement.
No 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.
(14) Entire Agreement
This 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.
August – 2015