1.         Product Suitability.  Many localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas.  While Fire Mountain Solar attempts to assure that its products comply with such codes, it cannot guarantee compliance and cannot be responsible for how the product is installed or used.  Before purchase and use of a product, please review the product application, and local codes and regulations, and be sure that the product, installation, and use will comply with them.

2.         Shipping and Freight Acceptance Policy.  Unless otherwise noted, freight and shipping fees to a Customer’s designated shipping address, anywhere in the contiguous United States, using a carrier of our choice, will be added to the invoice.  Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders.  Contact Fire Mountain Solar for further information.  Any extra charges incurred for additional services, such as special handling by a carrier, must be paid by the Customer.  Title and risk of loss pass to Customer upon tender of the shipment to the common carrier.  If product is damaged in transit, Customer must file claim with the carrier.

 FREIGHT ACCEPTANCE POLICY

1. It is almost impossible to collect money for any freight damage after you have signed the delivery bill.  Signing is accepting the article in perfect condition.  It is the Customer’s responsibility to inspect the freight for any damages before signing the delivery bill.  We suggest that you remove the shipping carton to verify the condition of the article before you sign the delivery bill.
2. When you sign the delivery receipt, you have accepted the article to be in perfect condition.
3. If any damage is present, note any acceptable damage on the delivery bill when signing for the freight.  When possible, take pictures.  We can then assist you in filing a freight damage claim.
4. If the damage is too severe, refuse the freight and notify us immediately.
5. If someone else is accepting your freight, please advise them of this responsibility.  Be sure, before you sign!

3.         Inspection and Discovery of Damaged or Missing Parts.  Customer shall exercise reasonable and timely diligence in discovering and reporting all damage or shortage in materials and parts which are not satisfactory to Customer. Claims for missing parts, damage in shipping or returns must be submitted within 30 days of delivery to Customer. Shipping packaging is not weatherproof, thus proper storage of packages is required. Customer agrees they have received a copy of the Seller Return Policy, which is made part of this Agreement by this reference. Seller reserves the right to determine how to equitably handle claims made after the expiration of the 30 day period.

4.         Payment Terms and Interest on Invoices. Most orders must be prepaid or deposit is required. The bill for product is due not later than the date of shipping. Unpaid invoices or charge reversals on credit cards will bear interest at the rate of twelve percent (12%) per annum from the date due on consumer transactions and eighteen percent (18%) per annum on commercial transactions, subject to the maximums allowed by law. Payments may be made by VISA, MASTERCARD or AMERICAN EXPRESS cards, personal or cashier’s check, wire transfer or money order.  All shipments outside of the United States must be paid by money order, cashier’s check or wire transfer; no credit cards.  All checks must clear prior to shipment of orders.  Any orders where checks are returned for NSF or Stop Payment Check will be denied, and all future orders will be on credit card basis only.

5.         Charge-backs on Credit Cards. Customer agrees that Customer shall not have the right to order a charge-back on Customer’s credit card until such time as Seller approves such charge-back in writing, or the Customer prevails in the dispute resolution process as described below.                                          

6.         Limited Warranty. The products sold under this Agreement are subject to manufacturer’s warranties only, unless otherwise expressly provided by a separate warranty statement given in writing by Seller. Consult your product documentation. Seller otherwise makes no warranties whatsoever. Customer’s recourse is governed by Seller’s return policy and Customer’s remedies are limited to replacement of defective or damaged parts within 30 days of delivery as stated in the Return Policy, if applicable. The Seller’s Return Policy is in lieu of all other remedies, including contractual remedies. In any event, the liability of Fire Mountain Solar for any claim, whether under tort or contract, shall not exceed the original cost of product sold.

7.         Disclaimer of Other Warranties.  Seller disclaims any liability for consequential or incidental damages suffered as a result of breach of this Agreement.  To the extent permitted by applicable law, Seller gives no other warranties, expressed or implied. The Seller’s Return Policy is in lieu of all other warranties or contractual remedies, including any expressed or implied warranties of fitness, merchantability, or habitability otherwise provided for under the laws of the State of Washington. Seller is not responsible for damage or loss result from improper assembly or installation, for weather damage, Acts of God, or failure of Customer or their installers to properly secure equipment appropriately. The Customer’s rights of recourse, if any, shall be void if a person or entity other than the Seller or their manufacturers performs or attempts to perform any repairs on the equipment.  The rights of Customer under this Agreement are not transferable.

8.         Modification of Terms.  Fire Mountain Solar’s acceptance of any order is subject to Customer’s assent to the terms and conditions set forth in Fire Mountain Solar’s documentation, and Customer’s assent to these terms and conditions is deemed given upon shipment of goods or services ordered.  No addition or modification of terms and conditions shall be binding upon Fire Mountain Solar unless agreed to by Fire Mountain Solar in writing.  If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Fire Mountain Solar’s terms and conditions, Fire Mountain Solar’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Fire Mountain Solar of any of the terms and conditions contained in Fire Mountain Solar’s terms and conditions.

9.         Dispute Resolution, Jurisdiction and Venue. Any dispute between the Customer and Seller shall be arbitrated under RCW 7.04 in Skagit County, Washington, regardless of the amount in dispute. Customer consents to arbitration as provided herein.  The arbitrator shall have authority to determine the amount, validity, and enforceability of a lien. The arbitrator’s decision may only be appealed pursuant to RCW Ch. 7.04.  The prevailing party shall be awarded reasonable attorney’s fees, expert witness fees, and cost. Seller is entitled to recover its attorney’s fees for collection or enforcement of the terms of this Agreement. All parties agree to be subject to the jurisdiction of Washington State courts. This Agreement and all matters pertaining to or arising out of this Agreement shall be determined in accordance with Washington State law. Venue shall be in Skagit County, at the option of Seller.