Solar Tech PLC’s User Agreement
Last updated: OCT 14, 2015
Welcome to Solar Tech PLC. This User Agreement (“Agreement”) describes the terms on which Solar Tech PLC offers you access to solartechplc.com (our “Site”) and Solar Tech PLC services.
This Agreement is a contract between you (“you,” or “user”) and Solar Tech PLC (“Solar Tech PLC,” “we” or “us” as used in this Agreement) and applies to your entire relationship with Solar Tech PLC and all Services that Solar Tech PLC provides.
This Agreement is effective on OCT 1, 2015 for all users Use of the Site or Services after this day constitutes your acceptance of this Agreement. We may periodically make changes to this Agreement, which will be posted on the Site and effective thirty (30) days following posting for current users or immediately for new users.
1. Introduction. Solar Tech PLC is a solar equipment marketplace that allows solar professionals or consumers to buy and sell solar equipment, services and software at prices they agree upon or our pricelist.
You may use the Site or Services to list, sell, or purchase items only if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from using our Site or Services.
1.2 Prices. Prices listed are wholesale, do not include credit card processing, shipping, handling fees, taxes, and/duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market condition. If the price is not listed, you can request a quote anytime.
1.3 Sales Tax. Solar Tech PLC charges VAT tax on shipments anywhere in Ethiopia.
1.4 Order Reject. Solar Tech PLC reserves the right to accept or reject any order.
1.5 Catalog/Website information. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any Solar Tech PLC catalog, literature or websites does not constitute the right to purchase products. Solar Tech PLC reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Solar Tech PLC catalogs and websites. Solar Tech PLC reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Solar Tech PLC.
1.6 Product Substitution. Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
1.7 Product Compliance and Suitability. Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Solar Tech PLC does not guarantee compliance or suitability of the products it sells with any lows, codes or regulations, nor does Solar Tech PLC accept responsibility for construction, installation and/or use of product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the constraction, installation, and/or use involving the products are compliant.
1.8 Overstock Listing Fees. Registration and listing items on the Site are free, but Solar Tech PLC charges both buying and selling parties shipping fees from and to its warehouses (the “Shipping Fees”) and delivery or fulfillment fees (collectively referred to as the “Fees”). Fees will be disclosed to you prior to the finalization of your purchase or listing of items for sale, or if not indicated otherwise, 6.5% of the transaction price.
2. Buyer and ‘Overstock Listing Seller’ Responsibilities. By listing, selling, or purchasing items using the Site or Services you agree to the terms of this Agreement. You will need an email address and password to list, sell and purchase items using the Site and Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person. You are responsible for ensuring that your contact information, including your email address, mailing address, phone number and Payment Method on file with us is accurate and current.
(a) Reporting an Issue.
Subject to the exceptions identified in section 2.1(b)(ii), you have twenty-four (24) hours from the time your items are bought to “Report an Issue.” You can report an issue by contacting Solar Tech PLC. If you do not report an issue within the time permitted above, you may be subject to being charged a replacement fee, other charges and/or other consequences, as specified in Section 5-Consequences. When reporting an issue, you understand and agree that your modification (including but not limited to, your modification to the Lead Time for Pickup) may not be accepted and Solar Tech PLC may, in its sole discretion, cancel the sale without further notice to you and not pay you for the sale. If you report an issue more than three (3) times within a twelve (12) month period, Solar Tech PLC reserves the right, in its sole discretion, to issue you a warning, or temporarily or permanently suspend you from using Solar Tech PLC’s Site or Services.
(b) Payments. Buyers will generally submit their payments within thirty (30) business days (but it may be shorter) following Solar Tech PLC’s confirmation of items. Payment receipt times will vary depending on payment method chosen by the Buyer.
3. Your relationship with us.
3.1 General. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. You acknowledge that by using the Site and Services you are doing business in Ethiopia under the laws of the country.
3.2 Privacy. In response to requests by federal, state or local authorities, including tax authorities, subpoenas, court orders, or other legal process, we may disclose information about transactions on Solar Tech PLC, including but not limited to, information regarding the identity of buyers. We may also monitor and make a record of your use of our Site or Services and any other communications between you and Solar Tech PLC and may use the resulting information for internal purposes or as may be required by applicable law.
4. Things we don’t allow. If you engage in any activity set forth in this Section 4, you may be subject to any and all of the Consequences set forth in Section 5, in Solar Tech PLC’s sole discretion.
4.1 Inappropriate Behavior. You agree not to use abusive language or behave in an abusive manner to any Solar Tech PLC employee.
4.2 Illegal Activity. You agree not to use this Site or the Services for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and Services and the listing, buying, and use of items. You agree to pay any and all local, state, federal, or international taxes that may be due. You agree not to use or permit anyone to use information provided through the Site or our Services for any unlawful or unauthorized purpose.
4.3 Misrepresentation of Items. You must accurately answer all questions asked during the listing for sale process, including whether the items are In Hand, the Lead Time for Pickup. You must not withhold any relevant information, whether or not we request it. Inaccurate presentation of Item possession status, item condition, quantity in hand, minimum order, quality, or other information is not allowed.
5.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to an Item, the source of an Item, your acquisition of an Item, and the price you paid for an Item.
5.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, temporarily or permanently suspending you from using the Site or Services, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any policy it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) you engage in an activity set forth in Section 4 of this Agreement; or (e) we believe your conduct may cause legal liability for you, for other users, or for Solar Tech PLC. You agree that payments owing to you for sales made through this Site or through use of our Services may be suspended or delayed pending our investigation. Solar Tech PLC is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful, in bad faith, or otherwise made in violation of this Agreement.
5.3 Disclosure of Information. You agree that Solar Tech PLC may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Solar Tech PLC will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Solar Tech PLC will also respond to all inquiries initiated by governmental agencies or as otherwise legally compelled.
6.1 No Warranty. Except for the express warranties stated in this Agreement, Solar Tech PLC provides the Site and Services on an “as is” basis and “as available” basis without any warranties of any kind. Solar Tech PLC (inclusive of any of its service providers and licensors) makes no warranty with respect to its software, any items, any event, any user content the Services Solar Tech PLC provides, or Buyers will perform as promised, and Solar Tech PLC expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third-party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
6.2 Tax Indemnity. You agree that Solar Tech PLC is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Solar Tech PLC and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by Solar Tech PLC that arise out of any third party or governmental claim that involves, relates to or concerns any federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. You agree to provide Solar Tech PLC with your tax ID if necessary for Solar Tech PLC to provide information to the tax authority related to payments you made to us using company account and further authorize Solar Tech PLC to release that information to the governmental body.
6.3 Change or Suspension of Site. Solar Tech PLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our Site or Services, which may be interfered with by numerous factors outside of our control. Solar Tech PLC is never, for any reason, responsible for items listed on the site that do not sell, including items that remain unsold during a full or partial Site outage.