Lakeshore Power Systems
                     Wholesale Supplier of Solar Equipment to the Ontario Solar Market
 

397 South Edgeware Road, Unit 3, Suite 101

St. Thomas, ON N5P 4B8
 

Terms & Conditions

These terms and conditions are governing the sale of products (Products) by Lakeshore Power Systems (L.P.S.). These terms and conditions (Agreement) take precedence over Customer's additional or different terms and conditions. Acceptance by the customer is limited to these terms and conditions. Neither L.P.S.'s commencement of performance nor delivery shall be deemed or constituted as acceptance of Customer's additional or different terms and conditions. All pricing is quoted in Canadian (CAD) dollars.

(1) Approved Customers

Orders can be placed with L.P.S. by all approved customers. Approved customers are those that have been accepted by L.P.S. through the dealer application process, and have been awarded a login identity to use this website to post orders to L.P.S.

(2) Orders

All orders placed by the Customer will be binding to the Customer. Order confirmations by L.P.S. will be binding for L.P.S. All orders not placed through the online portal must include quantities and a complete description of Products or item code being purchased. There will be a 15% cancellation fee for orders that (i) are changed more than 48 hours after placement of orders, or (ii) have already been shipped, or (iii) have already been placed with and confirmed by the manufacturer of Products.

(3) Prices

List prices do not include any federal, provincial, or local taxes, or other governmental charges. Applicable taxes will be invoiced in addition to the product costs. List prices to not include shipping. Shipping will be invoiced in addition to the product costs.

(4) Payment and Credit Policy

Terms are payment upon order confirmation. Payment can be made by VISA, MasterCard, American Express, Wire transfer, or approved credit and payment terms.
L.P.S. reserves the right to establish, change, and/or cancel credit and payment terms extended to Customer when, in L.P.S. sole opinion, the Customer's previous payment record warrants that action
All late payments shall be charged interest computed on a daily basis from the due date until paid in full at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. On delinquent accounts, L.P.S. shall not be obligated to continue performance under any agreement with the Customer.

Applicable sales taxes will be charged on all orders until a valid resale certificate is on file. Charges for sales taxes will not be refunded on any orders prior to receipt of your certificate.

(5) Freight Charges and Ship Fees

All prices are F.O.B. point of origin. Customers who specify a shipping carrier will be charged actual shipping based on L.P.S.'s negotiated rate with that carrier.
The minimum shipping rate is $12.00 for shipping anywhere East of Manitoba, and $15.00 anywhere west of Manitoba.
On freight shipments there will be an additional $80 charge for shipments requiring a lift gate, and an $80 charge for residential delivery.

L.P.S. aims to ship in-stock orders within 2 days of order placement unless otherwise communicated. Same day delivery is not available.

(6) International Orders

L.P.S. will ship orders below $200 to the USA. Orders above $200 require brokerage, and will not be shipped. The Customer will be responsible to take shipment within Canada and then redirect the shipment internationally.

(7) Returns Policy

No merchandise may be returned without prior authorization from L.P.S. If the return is authorized, the Customer will be issued a return authorization (RA) number, which must be clearly marked on the package. Only the purchasing customer may return products to Lakeshore Power Systems. All subsequent purchasers must return products through the dealer from whom they purchased products. L.P.S. will credit the purchase price of all normally stocked merchandise returned in new condition, in original packaging, within 30 days of purchase. There will be a 15% restocking charge on merchandise returned after 30 days. All items must be returned freight prepaid and insured.
Items not in salable condition, not normally stocked, and special order items may not be returned for credit. Items not returnable for credit include trackers, pole mounts, power panels, batteries, and other custom ordered or assembled items.

Product returned to L.P.S. that is damaged due to Customer error or misuse will be held for 30 days. Customer will be contacted and advised of no credit for returned and damaged product, and must make arrangements for product pick up. After 30 days, all such products left with L.P.S. will be disposed of without further liability to L.P.S.

(8) Warranty Repairs

All warranty repairs must be performed by the manufacturer. Contact L.P.S. for manufacturer contacts.

(9) Security Interest

L.P.S. retains a security interest in the products delivered to the Customer, and in their accessories, replacements, accessions, proceeds and products, include accounts receivable (collectively, the Collateral) to secure payment of all amount due under this Agreement. If the Customer fails to pay any amount when due, L.P.S. shall have the right to repossess and remove all or any part of the Collateral from the Customer, but not from the Customer's customers. Any repossession or removal shall be without prejudice to any other remedy of L.P.S. hereunder, at law or in equity.

(10) Statute of Limitations

No action by the Customer may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

(11) Limitations of Liability

The liability of L.P.S. hereunder for all claims shall not exceed the sum of the Customer's payments for the products which are subject of the dispute. L.P.S. assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, or other losses by Customer or any third party in connection with the products.

(12) Governing Law

The constitution, interpretation and performance of this Agreement and all transactions under it shall be governed by the province of Ontario.

(13) Choice of Forum

The parties hereto agree that any suits, actions or proceedings arising out of this Agreement that may be instituted by any party hereto shall be instituted only in the provincial or federal courts in the city of St. Thomas, Ontario, and the parties hereto do hereby consent to the jurisdiction of those courts and waive any objection which they may now or hereafter have to venue of those suits, actions or proceedings.

(14) Force Majeure

Except for the payment of money, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by caused beyond its control (Force Majeure Conditions), including, but not limited to, fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes. If any Force Majeure Condition occurs, the party delayed or unable to perform (delayed party) shall give immediate notice to the other party (Affected Party), and the Affected Party, upon giving prompt notice to the Delayed Party, shall be excused from performance under this Agreement for the duration of the Force Majeure Condition, provide, however, that the Affected Party shall take all reasonable steps and cooperate with the Delayed Party to avoid or remove the cause of non-performance and shall resume performance hereunder with dispatch when the cause is removed; and provide further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate this Agreement.

(15) Non-Waiver

No course of dealing or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of that term, right or condition

(16) Entire Agreement

This Agreement shall constitute the entire Agreement between the parties with respect to the subject matter of this Agreement and shall not be modified or rescinded. The provisions of this Agreement supersede all prior oral and written quotations, communications, agreements, and understandings of the parties with respect to the subject matter of this agreement.
 
June -2009
 
 
 
 

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