Acceptance:

All orders are subject to approval and acceptance by Newpowa. The following terms and conditions apply to all orders, and are subject to change without prior notice. NEWPOWA reserves the right to cancel accepted orders if circumstances beyond its control (including but not limited to fires, floods, strikes, labor disputes, accidents, sabotage, terrorism, war, riots, delays in transportation or lack of transportation facilities, restrictions imposed by law, material shortages and other similar matters), cause NEWPOWA to be unable to timely deliver products pursuant to such order.

Prices:

Prices are subject to change without prior notice. Unless otherwise stated, all prices are in U.S. dollars and are FOB point of shipping.


Payment Terms:

Standard terms are Net 30 days, with approved credit. Payments with credit cards will be available only at the time of purchase. Payment of open balances on a credit account with credit cards is not allowed.

For credit card customers; ... orders exceeding $2,500.00 cannot be processed with a credit card. These transactions must be paid with either a bank guaranteed (cashiers) check, direct deposit or wire transfer to our US account

Past Due Accounts:

All amounts not paid when due are subject to a carrying charge of 1.5% per month to the extent allowed by law and otherwise at the highest written contract rate allowed by law. All invoices not paid when due are subject to collection and legal charges.
Using a Credit Card for payment of a past due account is subject to a 2.6% finance charge.
Past due amounts above $2,500.00 cannot be paid with a Credit Card, see “Payment Terms” above.

Shipping/Freight Terms:

Products are sold FOB, ex works NEWPOWA warehouse. Purchaser agrees to pay freight and shipping, pursuant to NEWPOWA customer-specific freight policies.

Cancellations:

Orders cannot be cancelled after they have been processed.

General Returns:


All returns (whether for product defect or otherwise) must be requested within 30 days of received merchandise. Returned merchandise will ONLY be accepted with an issued Return-Authorization number and ONLY within 30 days of issuing of that Return- Authorization number. All Special Order products, custom panels, non-stock items and direct factory deliveries are non-returnable once ordered. Returned items must be returned to NEWPOWA with freight prepaid. All returns (except for returns involving a verified product defect) will be subject to a 15% restocking charge. NEWPOWA does not accept annual stock returns for unsold product.
Merchandise returned as defective will be thoroughly tested and inspected. For merchandise that is verified as defective, NEWPOWA will either (at its sole discretion) repair or replace the merchandise at no charge, or issue a full credit for the defective merchandise, including freight.
Merchandise that is returned as defective, but that is determined to work properly, will be subject to a testing fee and the 10% restocking charge.
Credit will not be issued for merchandise damaged due to corrosive materials, abuse, alteration, or misuse.
Before returning any merchandise to NEWPOWA, a Return Authorization Number must be obtained from your sales/customer service department. Your request must include:
1. Part number and description

2. Reason for return
3. NEWPOWA invoice number and Customer's PO number

Merchandise must be returned “Freight Prepaid,” with the Return Authorization Number clearly labeled on the outside of the package. Parts must be new, in original packaging, in saleable condition, and originally purchased from NEWPOWA.


Shortages & Claims:

For shortages or damages incurred in transit, notify the carrier immediately and file a claim directly with the carrier. Our responsibility for delivery of goods ends when the Bill of Lading is signed by the carrier at our warehouse.
All other shortages, overages, or damaged merchandize must be reported within 7 days following receipt of shipment.

Panel Damages:

We take every precaution to ensure all products are packaged to withstand small package shipping.
Due to the nature of solar panels being sheets of glass we cannot guarantee the full value of the panels.

Samples:

NEWPOWA will provide, at its discretion, samples for customer review, evaluation and trade shows. Our basic policy for samples is:

Samples valued up to $50.00 will be provided free of charge with freight charges being to the customer account.

Samples valued at over $50.00 will be provided at a reduced price at the discretion of NEWPOWA with all freight charges being to the customer account.

Custom panel samples will be provided at an agreed cost with freight costs being to the customer account. These costs will be credited back to the customer account upon receipt of the first order for the custom panels.

Tax:

Purchaser is responsible for all manufacturer’s tax, sales tax, use tax, excise tax, or other tax duty or similar fee imposed by any governmental authority in connection with the sale or use of the products sold. Purchaser agrees to reimburse NEWPOWA for all such taxes, duties or fees it incurs as a result of the products sold to purchaser.

Waiver:

No failure by NEWPOWA to insist on strict compliance with, or performance of, any term or condition hereof shall constitute a waiver of such term or condition, and NEWPOWA reserves the right to enforce the same.
Applicable Law/Exclusive Jurisdiction: These terms and conditions, and the sale of goods hereunder, shall be governed by and interpreted under the laws of the State of California (CA).
Export Control:
Products purchased or received under these terms and policies shall be subject to the export laws and regulations of the United States and Canada. Purchaser shall comply with such laws and regulations, and agrees not to use, sell, lease, ship or transport any NEWPOWA product in any manner that is inconsistent with such laws and regulations.

Sever ability:

If any term or policy set forth herein shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such term or policy shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining terms and policies shall not be affected or impaired thereby.