Terms & Conditions of Sale*


Version 2018.11.07

*For Products shipped from the United States

 


These terms and conditions (the "Agreement") govern the sale of products ("Products") by AEE Solar Inc. ("AEE Solar"), whether by phone, email, fax, mail, or other means. For sales orders placed using AEE Solar's website (AEEExpress.com), AEE Solar's Website Sales Terms and Conditions apply together with this Agreement.


  1. Customers

    Before you can become an AEE Solar customer ("Customer"), AEE Solar must first accept a Dealer Application from you. Dealer Applications are available from the AEE Solar website at https://aeesolar.com/become-a-dealer/. AEE Solar may reject a Dealer Application for any reason. By submitting a Dealer Application you represent and warrant that you have all licenses, registrations and other legal requirements in place to do business in the places where you intend to use or resell Products.


    By submitting a sales order to purchase Products from AEE Solar, you represent and warrant that (a) your Dealer Application was previously approved by AEE Solar and the information submitted on the Dealer Application remains materially correct, and (b) if you are a business, that the individual submitting the sales order on your behalf is an authorized representative of the business and able to enter into binding transactions.


  2. Sales Orders

    You can purchase Products by either 1) placing a sales order online on AEE Solar's website, 2) submitting a Purchase Order (PO) via email with sales order information, or 3) providing written authorization to accept a sales order via email. Sales orders must include your AEE Solar account number, sales order #, AEE Solar item codes, product descriptions, quantities, bill to and ship to locations, shipping method and total. Once AEE Solar receives your request to purchase products, AEE Solar will provide written confirmation of your sales order.


    All sales orders you place will be binding unless rejected by AEE Solar in writing. Written confirmations of sales orders by AEE Solar are binding on AEE Solar.


    AEE Solar will make reasonable efforts to accommodate your request to change or cancel a sales order. AEE Solar reserves the right to charge a change fee of up to twenty percent (20%) for sales orders that

    (1) you change after submitting the sales order with AEE Solar or (2) have been placed with the manufacturer of the Product. Note: Many manufacturers also impose cancellation charges and any such charges will be passed through to you by AEE Solar. Once AEE Solar releases a sales order to the warehouse for shipping, the sales order cannot be changed or cancelled.


  3. Prices

    Prices that AEE Solar quotes to you are valid for 5 business days. Prices displayed on the AEE Solar website are subject to change without notice. Prices do not include any federal, state or local taxes, or other governmental charges that, when applicable, will be invoiced in addition to the stated price.

    Applicable sales taxes will be charged on sales orders until you provide a valid resale certificate. Sales taxes will not be refunded on sales orders placed prior to receipt of your resale certificate.


  4. Payment and Credit Policy

    Available payment terms are (a) pre-payment via ACH, wire transfer or mailed check; (b) VISA, MasterCard, American Express and Discover Card for payments under $50,000; or (c) per credit terms or other payment arrangements agreed between you and AEE Solar. For credit cards payments above

    $50,000, a credit card fee of up to 3% will be imposed.


    For special pricing or account balances with terms of greater than 30 days, payments must be made by either ACH, wire or check.


    For payments made to an AEE Solar credit account, payments received will be applied to the oldest invoice first if no remittance information is provided at time of payment. Note: Your account balance continues to reflect charges for Products subject to an RMA (see below) until AEE Solar accepts the return and credits your account. AEE Solar reserves the right to change your credit and payment terms at any time or to require full payment in advance of shipping Products (including charging your credit card where that method of payment has been selected). Note: Prepayment typically will be required when a manufacturer ships Products directly to you (a "drop shipment").


    If payment is made via check and the check is rejected by the bank for insufficient funds, then you will be charged a $25 insufficient funds fee.


    All late payments shall be charged interest computed on a daily basis from the due date until paid in full at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. On delinquent accounts, AEE Solar shall not be obligated to fulfill any sales orders not yet shipped to you. You agree to pay AEE Solar's costs of collection (including attorney fees and court costs) incurred to recover any overdue amounts. If you tender a payment for less than the full invoice amount along with words such as 'payment in full' or 'in full satisfaction', AEE Solar may protest such words and accept the payment as partial payment, which shall not constitute an accord and satisfaction or a waiver by AEE Solar of its right to collect payment in full.


  5. Shipping

    Products are shipped Freight On Board (F.O.B.) and ship point of origin with shipping costs and handling fees charged to you. AEE Solar's Shipping Policy in effect at the time of order placement shall govern specific shipping methods, costs, and handling fees, and is incorporated herein by reference. AEE Solar's Shipping Policy is available at https://aeesolar.com/shipping-policy/.


  6. International Shipments

    Sales orders with a value below $3,500 shipped to outside of the U.S. (including Puerto Rico and U.S. Virgin Islands) and Canada will be charged an additional $35 processing fee. You must prepay the full value of the shipment in U.S. Dollars before AEE Solar will ship products to international destinations. You must also arrange customs clearance and pay any import fees, duties and taxes imposed at the destination port unless AEE Solar has agreed in a sales order to a different arrangement. To avoid delays in processing and delivery, please provide your customs broker's name and phone number to AEE Solar with your order. Please refer to AEE Solar's Shipping Policy for other shipping and handling charges.


  7. Product Receipt and Acceptance

    Please make sure to inspect and accept or reject each shipment upon receipt. You may reject a shipment only if (a) the Products or quantities received do not match the bill of lading or (b) there is visible damage to the Products (or their packaging). Please note the reason for rejection on the delivery receipt prior to the carrier's departure. Please also notify AEE Solar in writing of the reason for rejection within 24 hours of delivery. FAILURE TO NOTE REASONS FOR REJECTION ON THE DELIVERY RECEIPT OR TO NOTIFY AEE SOLAR SHALL BE DEEMED AN UNQUALIFIED ACCEPTANCE OF THE SHIPMENT.


  8. Returns Policy

    In order to return Products, you must request a Return Merchandise Authorization (RMA) number from AEE Solar. If AEE Solar agrees to accept return of the Products, please clearly mark the RMA number on the return package. All Products must be returned with shipping prepaid and insured to the address specified by AEE Solar (which may be the address of the manufacturer). Only the original Customer may request an RMA number; purchasers of Products from you must work through you and not direct with


    AEE Solar. AEE Solar will credit the purchase price of all normally-stocked merchandise returned with an RMA number and in new condition, in original packaging. AEE Solar reserves the right to charge a restocking charge on Products returned of up to twenty percent (20%) absent a verifiable problem with the delivery.


    If (a) you request an RMA number more than 30 days after delivery, or Products are (b) not returned in a condition suitable for resale, (c) not normally stocked, or (d) special-order items, such as appliances, trackers and other custom electronics, AEE Solar will not issue credit. Damaged Products are not eligible for return credit. AEE Solar will notify you to make arrangements to dispose of damaged Product. If you fail to do so after 30 days, AEE Solar may dispose of the damaged Products without liability.


    AEE Solar reserves the right to apply any unused credit towards any outstanding balance or delinquency. Any unused credit greater than 60 days may be refunded back to you per your written request to customerservice@aeesolar.com. If a return credit is not applied by AEE Solar to an existing balance, you agree to apply any credits issued by AEE Solar for returned Products to new orders of Products within one (1) year of issuance. IF A CREDIT IS NOT FULLY USED WITHIN ONE (1) YEAR, THE BALANCE OF THE CREDIT WILL BE CANCELLED.


    Warning: Failure to obtain an RMA number prior to returning Products to AEE Solar will result in refusal of the return. For unauthorized returns, AEE Solar will request that you provide your freight account information so that Products may be sent back to you at your expense. If freight account information is not received within 15 days, AEE Solar will scrap the unauthorized returned Products and no credit will be issued.


  9. Warranty & Repairs

    No Products are warranted by AEE Solar. You will receive from AEE Solar the manufacturer's standard warranty (if any) provided with Products. You are responsible to comply with all manufacturer installation instructions. Some manufacturers may provide warranties only to the end user and not to you. Warranty repairs must be performed by the m