Terms and Conditions Purchase Agreement.
By accepting delivery of any product delivered from ("SPS"), you ("Customer") agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and SPS. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, 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 or accept delivery of any goods from SPS.
Payment Terms on Orders.
An order is not binding upon SPS until it is accepted. SPS 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. Customer can make payment by credit card or some other method prearranged with SPS (see below).
Payment Methods.
SPS accepts the following Payment Methods:
  1. Visa, MasterCard, Discover, American Express.
  2. PayPal.
  3. Bank Wire Transfer. Your bank may charge you up to $25.00 for this service. International wire transfer fees may be higher.
  4. ACH electronic check payment. Please first discuss eligibility with your solar specialist (there is an additional $10 fee for this service).
  5. Cash and/or Cashier's Check totaling less than $10,000. Please discuss first with your solar specialist and allow 7 to 10 business days for cashier’s check to clear. No Form 8300 necessary for one order less than $10,000.
  6. Personal or Business Check. Orders will be processed and shipped after the receipt and clearance of check by our bank. Allow 7 to 10 business days delay for clearance. SPS reserves the right to refuse this method of payment.
  7. 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 Federal Government, requiring your Federal Tax ID. Orders will be processed and shipped after the receipt and clearance of the check by our bank. Allow 7 to 10 business days.
  8. Cash and/or Money Order and/or Cashier's Checks totaling more than $10,000. This type of payment, or combination of cash equivalents, requires that we submit the Form 8300 and we will need your Federal ID and contact information. Please allow 7 to 10 business days for any Cashier's Check to clear.
Please note that multiple cash (or cash equivalent) orders totaling more than $10,000 during any 12 month period may have to be reported on Form 8300. Thank you for respecting our fiscal integrity.
Credit Card Authorization.
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 SPS 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.
Past Due Rate.
When credit terms have been established, Customer agrees to pay the amount due as specified on the invoice and agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. Customer will be responsible for payment of costs incurred by SPS (including attorneys fees) in the collection of amounts past due.
Shipping Charges/State Taxes.
Your total cost for purchase of any product will include shipping and handling charges (below) as well as applicable state sales tax, and shown on SPS's invoice.
Processing Time.
You can expect your order to be processed within two business days. SPS aims to ship your order within 5 days of order placement unless otherwise communicated. If you need an item by a certain date, please check with your solar specialist regarding availability of the item and shipping options prior to placing the order.
Any items that are unavailable will be placed on back-order, and the remainder of your order will be shipped. Estimated ship dates will be provided however please note that these dates are "estimates" and not guaranteed to arrive on that date.
Order Status.
SPS will do everything possible to keep you informed of your order via e-mail. Your tracking number will be emailed to you once the item is shipped.
Change Orders.
You may change your order, provided that your order has not yet been processed and shipped. If items have shipped the normal restock fee of 15% will apply. Please contact your solar specialist directly with any changes to be made and please have your order number available.
Cancellation Policy.
To cancel your order, please call during our normal business hours and speak with your solar specialist. Provided your order has not yet been processed, and your credit card has not been charged there is no fee. If your order has already been processed and/or your card was charged, there is a 5% cancellation fee deducted from your refund. If any portion of your order has shipped, a 15% restocking fee will be deducted from your refund. The refund will occur within 48 hours of the receipt of the cancellation or the return of all products that have shipped. If you need to cancel an order for any custom-produced product, a cancellation fee will be charged even if the item has not shipped and will be the same fee that manufacturers pass onto us for canceling the order. If there was a discount given on an order, that amount will get deducted from the refund. For example, if your order had a free shipping discount we are not going to credit you for shipping charges.
Title and Risk of Loss.
SPS will arrange for shipment of ordered product(s) to the Customer, 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. SPS reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow SPS to sign appropriate documents on Customer's behalf to permit SPS to protect its purchase money security interest. SPS will advise Customer of estimated shipping dates, but SPS will, under no circumstances, be responsible for delays in delivery, and associated damages after product(s) is/are delivered to the carrier. SPS will not be responsible for 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.
Shipping Policy.
SPS and SPS’s suppliers carefully inspect all shipments. Customers must inspect their shipments upon delivery prior to signing the release. 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 SPS's Terms and Conditions.
**Important!** You or your receiving agent MUST check your order immediately for accuracy and possible concealed damage. Undiscovered damage claims not noted on the delivery receipt cannot be made with a carrier or SPS. NO EXCEPTIONS! When we ship we insure proper packaging and take pictures of each outbound shipment. Protect your investment! It is your responsibility to check your shipment. Your signature on a shipping receipt is a legal release of claim for damage unless noted at the time of receipt.
An independent shipping contractor such as United Parcel Service (UPS), Federal Express (FedEx) or another commercial frieght 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".
Shipping Quotes displayed during checkout may be revised to reflect actual shipping costs. We will notify you before processing your order if this is necessary.
Express shipping options are often available, as well as shipping on your courier account. Please call to use these options.
Return Policy.
Merchandise, except for products that were specially ordered and/or assembled for the customer, may be returned within 30 days of the receipt of the product. Before returning items, it is necessary to call and speak with your solar specialist to obtain an Return Merchandise Authorization (RMA) number for your return. Fill out a RMA Form (available from your solar specialist), once you have received your RMA number and been instructed where to return the item you are responsible for shipping charges back to that address. Once issued, RMA numbers are valid for 30 days from the date issued and items must be received in that time frame. Please reference this number in a clear location on the outside of the package 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.
You will receive a refund or credit towards your account, provided the merchandise is returned in the original packaging, in new and resalable condition with the original blank warranty cards, manuals, and all accessories. SPS requires at minimum 48 hours to inspect a returned item prior to issuing a refund or credit. If any component of the returned product is missing, the return procedure is breached and SPS may reject the return or may choose to impose additional charges for replacement of the missing component.
A 15% restocking fee will be charged for all returns. Shipping charges are not refundable. Custom built items are non-returnable. Built to order and special order items are non-returnable. Shipping charges are not refundable.
Warranty Claims.
SPS is a distributor only. Products sold by SPS are not manufactured by SPS therefore SPS does not warranty any of the products it sells. Most items that SPS sells are covered by the original manufacturer's warranty, service, or support policy (if any). In the event that there is a technical problem that occurs with your product upon receipt or installation of your product 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.
SPS 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.
Product Descriptions.
SPS product 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. SPS strives to be as accurate as possible in our product 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 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, SPS 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 SPS's website are intended only to provide visitors with assistance 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 that you, our valued patron, are ultimately responsible for any purchase decision.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statement of any other site that collects personally identifiable information.
Transaction Security.
Transaction security is a priority in our business. All orders are placed through a secure SSL connection (you may use your web browser’s security options to view our certificate). All payment transactions are handled by our merchant services provider (details can be furnished upon request). We store only abbreviated credit card information from our merchant services provider once an order is submitted and authorized. Accordingly, you will be asked to provide your credit card information with each new order.
SPS respects your privacy. We collect limited information to help us understand our website visitors and to process your transactions and requests. We share information only when it is necessary to fulfill a customer transaction (such as to process and ship an order, process a newsletter signup, or post a rating or review). We never sell your information. For details, please see our full Privacy Policy.
Third Party Costs.
Depending on your intended use of the solar products you purchase from SPS, you may incur additional costs for engineering, permitting or installation. These costs may vary widely depending on many factors. These costs are solely the customer’s responsibility and SPS will not be responsible for them under any circumstances.
Governing Law & Jurisdiction.
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between SPS and Customer shall be governed by the laws of the State of Colorado, 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. SPS and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Colorado, Garfield 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 SPS that is more than one year after the date of the applicable invoice.
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 Colorado law.
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 provision in this agreement hall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement.
These terms and conditions, together with SPS's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between SPS and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between SPS 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.