Terms and Conditions of Sale
By accepting delivery of any product from General Specialties (General Specialties Manufacturing, Inc.) you (Customer), agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and General Specialties. These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with General Specialties.
Payment Terms on Orders
General Specialties must receive payment before it will accept an order unless otherwise previously agreed in writing. Customer can make payment by credit card via PayPal and will incur a 3% credit card processing fee or may use some other method prearranged with General Specialties. If Customer is approved for credit, such payment shall be due no later than 15 days of the date of the invoice. A service charge of one and one-half percent (1.5%) per month will be added to all past due invoices. If Customer fails to timely and properly pay or perform any obligations to General Specialties, Customer shall be obligated to pay immediately all other sums then or thereafter owing by Customer to General Specialties and General Specialties may stop all shipments of products to Customer. Customer shall be responsible for all reasonable legal fees, costs and expenses incurred by General Specialties if Customer’s late payment results in collection efforts.
Prices
Prices are subject to change without notice and will include taxes (if applicable), duties, freight or packaging. General Specialties reserves the right to amend pricing to correct errors or omissions.
Shipping Charges/State Taxes
Your total cost for purchase of any product will include shipping and handling charges as well as applicable state sales tax and will be shown on General Specialties’ invoice.
Purchase Orders
When placing an order Customer will provide a purchase order which will include the following: item, quantity, confirmation of post size (if applicable), panel spec sheet, price and ship to address.
Order Status
General Specialties will provide lead time at time of order and will keep Customer informed of order status. Your tracking number will be emailed to you once the order has shipped.
Shipping Policy
General Specialties inspects all shipments prior to shipping. Customers must inspect their shipment upon delivery for any damage prior to signing the release. Customer or Customer representative signature on the shipping receipt is a legal release of claim for damage unless noted at time of receipt.
Cancellation Policy
All sales are final. Special orders, non-stock, or custom built products are non-cancelable, not-refundable. Any requests to cancel or reschedule orders must be agreed to in writing and may or may not be accepted in General Specialties absolute discretion. Without waiving any of its rights, General Specialties is entitled to recover its costs incurred and profits lost as a result of Customer’s cancellation or rescheduling of an order.
Return Policy
Most orders are custom made for the Customer based on the panels that they are installing and therefore cannot be returned. Only non-obsolete standard stock items in original cartons may be returned, freight prepaid. Return requests must be initiated within 60 days from date of original shipment. Returns will be subject to inspection for resale ability and for quantity before credit, which will be applicable to replacement or future purchases by Customer is issued. General Specialties reserves the right to apply a minimum restocking charge of the greater of $100 or 20% of the purchase price of the returned products, plus original freight charges to all returns.
Warranty Policy
Our products have been manufactured and tested to the highest quality standards by General Specialties in Sandpoint, Idaho USA.
This Limited Warranty, effective for products sold after January 1, 2010, covers structurally related manufacturing defects in material or workmanship in General Specialties products for a period of ten (10) years after the date of purchase, with an exception for the paint, powder coat or galvanized finish on product components to be outlined below in the "Finish Warranty". This Limited Warranty covers only the products provided by General Specialties and not PV modules, electrical components, wiring, mounting pole or base, or any other parts or hardware used in connection with the product which has not been provided by General Specialties.
This warranty extends to the original purchaser in the original installation site only and is non-transferable.
General Specialties will replace, at no charge, parts only or, at its option, replace any product or part of the product that proves defective because of improper workmanship and/or material, under normal installation, use, service and maintenance. If General Specialties is unable to replace defective parts, and repair is not practical or cannot be made in a timely fashion by a local vendor, then General Specialties may elect to refund the purchase price in exchange for the return of the product. Responsibility for shipping, installation, labor or any other costs associated with product replacement will be determined on a case by case basis and at the discretion of General Specialties.
This Limited Warranty shall be void if installation and regular use of the product is not performed in accordance with General Specialties instructions, or the product has been modified, repaired, reworked, or the product is installed in an environment, or under conditions for which it was not designed.
Exclusions: The Limited Warranty shall be void in the event of any of the following:
accidental breakage or damage, including while in storage, during shipping or installation, or due to vandalism
damage due to force majeure events, including without limit, any act or event which is unforeseeable, or unavoidable and outside the control of General Specialties (i.e. fire, flood, lightning, or weather events which exceed our stated safety standards or ratings)
damage due to the associated materials, construction, installation, or placement of the mounting pole or base on which the product is secured, other than that which is provided directly by General Specialties
the defect has not been reported to General Specialties in writing within 21 days of discovery of the defect
The Finish Warranty effective for products sold after January 1, 2010, covers visible defects in the paint, powder coating, galvanizing, or aluminum finish which will compromise the strength or functionality of the part under normal conditions, for a period of Two (2) years after the date of purchase.
Exclusions: The Finish Warranty shall be void in the event of any of the following:
Products are installed in atmospheric conditions which are corrosive, which includes but is not limited to: exposure to corrosive chemicals, fumes or dust, marine or salty conditions, or constant exposure to liquids
surface oxidization due to damage of the finish after the Product has been sold
All other conditions or restrictions of the Limited Warranty apply to the Finish Warranty.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, GENERAL SPECIALTIES SELLS PRODUCTS ON AN "AS IS" BASIS WHICH MAY NOT BE FREE OF ERRORS OF DEFECTS AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AND NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT.
GENERAL SPECIALTIES SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY). NOR SHALL GENERAL SPECIALTIES BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMER, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT IN THE PRODUCT COVERED BY THIS WARRANTY. ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED.
Tolerances and Variations
Except as specified by Customer and agreed to in writing by General Specialties, the products will be produced in accordance with General Specialties’ standard practices. All products however, including those produced to meet an exact specification, will be subject to tolerances and variations consistent with good manufacturing practices in regard to dimension, weight, section, composition, mechanical properties; to normal variations in surface and internal conditions and in quality; and to deviations from tolerances and variations consistent with practical testing and inspection methods. General Specialties has no obligation to evaluate adjacent building or equipment geometry that may affect the wind dynamics and pressures exerted on the solar array.
Limitation of Liability
In all circumstances General Specialties’ maximum liability is limited to the purchase price of the products sold. General Specialties shall not be liable for third party claims for damages against the Customer, or for malfunction, delays, interruption of services, loss of business, loss or damage to exemplary damages, whether or not General Specialties is apprised of the possibility of such claims or damages.
Default or Delay
General Specialties will not be liable for any default or delay in the production or delivery of any products when such default or delay results either directly or indirectly from: accidents to or breakdowns or mechanical failure of General Specialties plant machinery or equipment, fire, flood, war, civil disobedience, strikes, lockouts, acts of God, delays by any supplier, delays in transportation or lack of transportation facilities, embargoes, shortages of or reductions in energy sources, priorities, allocations, limitations, restrictions or other acts required or requested by federal, state or local governments or any subdivision, bureau or agency there of or any other cause beyond General Specialties control.
Title and Risk of Loss
General Specialties will arrange for shipment of ordered products to the Customer, free on board (F.O.B) shipping point meaning that title to the products and risk of loss passes to the Customer upon delivery to the carrier.
Representations of Performance
Each time Customer places an order with General Specialties, Customer represents and warrants that as of the date of the order, it has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due and that it is solvent and financially able to pay the purchase price of products. General Specialties performance is expressly in reliance of these representations and warranties. Promptly upon General Specialties demand, Customer shall provide adequate assurance of Customer’s ability to perform and a failure to do so shall constitute a breach giving rise to General Specialties remedies.
Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sale transaction between General Specialties and Customer shall be governed by the laws of the State of Idaho, without regard to its conflicts of law rules. General Specialties and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Idaho, Bonner County, to resolve any dispute between them related hereto and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. The Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against General Specialties that is more than one year after the date of the applicable invoice.
Entire Agreement
These terms and conditions, together with General Specialties’ invoice referencing the products ordered by Customer, are the complete and exclusive agreement between General Specialties and Customer and they supersede all prior proposals, oral or written, understandings, representations, conditions, warranties and all other communications between General Specialties and Customer relating to the subject product.
Payment Terms on Orders
General Specialties must receive payment before it will accept an order unless otherwise previously agreed in writing. Customer can make payment by credit card via PayPal and will incur a 3% credit card processing fee or may use some other method prearranged with General Specialties. If Customer is approved for credit, such payment shall be due no later than 15 days of the date of the invoice. A service charge of one and one-half percent (1.5%) per month will be added to all past due invoices. If Customer fails to timely and properly pay or perform any obligations to General Specialties, Customer shall be obligated to pay immediately all other sums then or thereafter owing by Customer to General Specialties and General Specialties may stop all shipments of products to Customer. Customer shall be responsible for all reasonable legal fees, costs and expenses incurred by General Specialties if Customer’s late payment results in collection efforts.
Prices
Prices are subject to change without notice and will include taxes (if applicable), duties, freight or packaging. General Specialties reserves the right to amend pricing to correct errors or omissions.
Shipping Charges/State Taxes
Your total cost for purchase of any product will include shipping and handling charges as well as applicable state sales tax and will be shown on General Specialties’ invoice.
Purchase Orders
When placing an order Customer will provide a purchase order which will include the following: item, quantity, confirmation of post size (if applicable), panel spec sheet, price and ship to address.
Order Status
General Specialties will provide lead time at time of order and will keep Customer informed of order status. Your tracking number will be emailed to you once the order has shipped.
Shipping Policy
General Specialties inspects all shipments prior to shipping. Customers must inspect their shipment upon delivery for any damage prior to signing the release. Customer or Customer representative signature on the shipping receipt is a legal release of claim for damage unless noted at time of receipt.
Cancellation Policy
All sales are final. Special orders, non-stock, or custom built products are non-cancelable, not-refundable. Any requests to cancel or reschedule orders must be agreed to in writing and may or may not be accepted in General Specialties absolute discretion. Without waiving any of its rights, General Specialties is entitled to recover its costs incurred and profits lost as a result of Customer’s cancellation or rescheduling of an order.
Return Policy
Most orders are custom made for the Customer based on the panels that they are installing and therefore cannot be returned. Only non-obsolete standard stock items in original cartons may be returned, freight prepaid. Return requests must be initiated within 60 days from date of original shipment. Returns will be subject to inspection for resale ability and for quantity before credit, which will be applicable to replacement or future purchases by Customer is issued. General Specialties reserves the right to apply a minimum restocking charge of the greater of $100 or 20% of the purchase price of the returned products, plus original freight charges to all returns.
Warranty Policy
Our products have been manufactured and tested to the highest quality standards by General Specialties in Sandpoint, Idaho USA.
This Limited Warranty, effective for products sold after January 1, 2010, covers structurally related manufacturing defects in material or workmanship in General Specialties products for a period of ten (10) years after the date of purchase, with an exception for the paint, powder coat or galvanized finish on product components to be outlined below in the "Finish Warranty". This Limited Warranty covers only the products provided by General Specialties and not PV modules, electrical components, wiring, mounting pole or base, or any other parts or hardware used in connection with the product which has not been provided by General Specialties.
This warranty extends to the original purchaser in the original installation site only and is non-transferable.
General Specialties will replace, at no charge, parts only or, at its option, replace any product or part of the product that proves defective because of improper workmanship and/or material, under normal installation, use, service and maintenance. If General Specialties is unable to replace defective parts, and repair is not practical or cannot be made in a timely fashion by a local vendor, then General Specialties may elect to refund the purchase price in exchange for the return of the product. Responsibility for shipping, installation, labor or any other costs associated with product replacement will be determined on a case by case basis and at the discretion of General Specialties.
This Limited Warranty shall be void if installation and regular use of the product is not performed in accordance with General Specialties instructions, or the product has been modified, repaired, reworked, or the product is installed in an environment, or under conditions for which it was not designed.
Exclusions: The Limited Warranty shall be void in the event of any of the following:
accidental breakage or damage, including while in storage, during shipping or installation, or due to vandalism
damage due to force majeure events, including without limit, any act or event which is unforeseeable, or unavoidable and outside the control of General Specialties (i.e. fire, flood, lightning, or weather events which exceed our stated safety standards or ratings)
damage due to the associated materials, construction, installation, or placement of the mounting pole or base on which the product is secured, other than that which is provided directly by General Specialties
the defect has not been reported to General Specialties in writing within 21 days of discovery of the defect
The Finish Warranty effective for products sold after January 1, 2010, covers visible defects in the paint, powder coating, galvanizing, or aluminum finish which will compromise the strength or functionality of the part under normal conditions, for a period of Two (2) years after the date of purchase.
Exclusions: The Finish Warranty shall be void in the event of any of the following:
Products are installed in atmospheric conditions which are corrosive, which includes but is not limited to: exposure to corrosive chemicals, fumes or dust, marine or salty conditions, or constant exposure to liquids
surface oxidization due to damage of the finish after the Product has been sold
All other conditions or restrictions of the Limited Warranty apply to the Finish Warranty.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, GENERAL SPECIALTIES SELLS PRODUCTS ON AN "AS IS" BASIS WHICH MAY NOT BE FREE OF ERRORS OF DEFECTS AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AND NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT.
GENERAL SPECIALTIES SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY). NOR SHALL GENERAL SPECIALTIES BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMER, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT IN THE PRODUCT COVERED BY THIS WARRANTY. ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED.
Tolerances and Variations
Except as specified by Customer and agreed to in writing by General Specialties, the products will be produced in accordance with General Specialties’ standard practices. All products however, including those produced to meet an exact specification, will be subject to tolerances and variations consistent with good manufacturing practices in regard to dimension, weight, section, composition, mechanical properties; to normal variations in surface and internal conditions and in quality; and to deviations from tolerances and variations consistent with practical testing and inspection methods. General Specialties has no obligation to evaluate adjacent building or equipment geometry that may affect the wind dynamics and pressures exerted on the solar array.
Limitation of Liability
In all circumstances General Specialties’ maximum liability is limited to the purchase price of the products sold. General Specialties shall not be liable for third party claims for damages against the Customer, or for malfunction, delays, interruption of services, loss of business, loss or damage to exemplary damages, whether or not General Specialties is apprised of the possibility of such claims or damages.
Default or Delay
General Specialties will not be liable for any default or delay in the production or delivery of any products when such default or delay results either directly or indirectly from: accidents to or breakdowns or mechanical failure of General Specialties plant machinery or equipment, fire, flood, war, civil disobedience, strikes, lockouts, acts of God, delays by any supplier, delays in transportation or lack of transportation facilities, embargoes, shortages of or reductions in energy sources, priorities, allocations, limitations, restrictions or other acts required or requested by federal, state or local governments or any subdivision, bureau or agency there of or any other cause beyond General Specialties control.
Title and Risk of Loss
General Specialties will arrange for shipment of ordered products to the Customer, free on board (F.O.B) shipping point meaning that title to the products and risk of loss passes to the Customer upon delivery to the carrier.
Representations of Performance
Each time Customer places an order with General Specialties, Customer represents and warrants that as of the date of the order, it has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due and that it is solvent and financially able to pay the purchase price of products. General Specialties performance is expressly in reliance of these representations and warranties. Promptly upon General Specialties demand, Customer shall provide adequate assurance of Customer’s ability to perform and a failure to do so shall constitute a breach giving rise to General Specialties remedies.
Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sale transaction between General Specialties and Customer shall be governed by the laws of the State of Idaho, without regard to its conflicts of law rules. General Specialties and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Idaho, Bonner County, to resolve any dispute between them related hereto and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. The Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against General Specialties that is more than one year after the date of the applicable invoice.
Entire Agreement
These terms and conditions, together with General Specialties’ invoice referencing the products ordered by Customer, are the complete and exclusive agreement between General Specialties and Customer and they supersede all prior proposals, oral or written, understandings, representations, conditions, warranties and all other communications between General Specialties and Customer relating to the subject product.