TERMS & CONDITIONS
1. Scope and Purpose of these General Conditions
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(a) These general conditions (hereinafter "GC") apply to all transactions carried out between you ("you" or the "Client") and U-home Solar SA, a joint-stock company governed by Swiss law, with its registered office at Route de la Corniche 4, 1070 Puidoux, Switzerland ("U-home Solar").
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(b) In the event of a contradiction between the GC and a framework contract or a commercial offer from U-home Solar, the framework contract or the commercial offer shall prevail over these GC.
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(c) U-home Solar reserves the right to modify these GC at any time. The version of the GC valid at the time of the contract's conclusion applies and cannot be unilaterally modified for the respective order.
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(d) Conflicting or contradictory terms from the Client will not be recognized.
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(e) The range of products and services offered by U-home Solar may vary by country, and U-home Solar may not be aware of applicable laws or regulations in your jurisdiction and disclaims any liability in this regard.
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2. Information
(a) Product images in advertisements, brochures, the online store, etc., are for illustrative purposes only and are not binding.
(b) All information on availability and delivery times is estimated and subject to change.
3. Contract Conclusion
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(a) All offers available on www.uhomesolar.com, in catalogs, brochures, or similar media, or via phone or email, are non-binding. Consequently, price indications, technical specifications, dimensions, appearance, or other elements are purely indicative.
(b) When you place an order for the purchase of products or services, for example, through an order form or via www.uhomesolar.com, your order is legally binding for a period of seven (7) business days.
(c) U-home Solar is only bound by express offers presented as such and sent directly to you. These offers are binding for U-home Solar for seven (7) calendar days from the date of issuance unless otherwise stated.
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(d) A contract between you and U-home Solar will only be concluded when U-home Solar explicitly confirms your order, which it may do by email, mail, or other means.
(e) Once the contract is concluded, you may only cancel it with U-home Solar's written consent, and you will cover all expenses already incurred by U-home Solar and all obligations related to the contract, based on actual costs, but in any case, no less than 20% of the order price.
(f) Once the contract is concluded, U-home Solar has the right to withdraw from the contract, particularly in the event of tax or customs duty changes or sudden price increases from its suppliers, making U-home Solar's sales obligations more costly, commercially unviable, or even impossible. In such cases, U-home Solar may withdraw from the contract, and you will not be entitled to any compensation and/or damages of any kind, except for the reimbursement of amounts paid to U-home Solar.
4. Prices, Payment, and Ownership
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(a) The prices indicated at the time of the order apply.
(b) The prices indicated are final prices and include the legal value-added tax, excluding delivery costs unless otherwise stated.
(c) Payment must be made in US Dollars, Euros, or Swiss Francs as agreed between the two parties.
(d) If you choose to pay by telegraphic transfer (T/T), each party will bear its own bank fees. However, if a payment is divided into several installments at your request, you will cover the bank fees for both parties.
(e) If your order includes goods requiring cross-border delivery, import tariffs and customs duties may accrue. All additional clearance fees must be borne by you; U-home Solar has no influence over these fees.
(f) When not paid at the time of the order, invoices must be paid according to the agreed payment terms. After this period, late interest will be payable at a rate of 0.25% per week, without the need for a formal notice.
(g) U-home Solar charges administrative fees of CHF 20 from the second payment reminder and CHF 50 from the third payment reminder (in addition to late interest). If reminders prove unsuccessful, the invoiced amount may be handed over to a collection agency.
(h) All products ordered remain the property of U-home Solar until full payment is received. U-home Solar has the right to register this reservation of ownership in any relevant registry. Without U-home Solar’s express consent, no pledging, security transfer, processing, or modification is permitted before the transfer of ownership.
(i) If you request a delivery delay or if the delivery delay is due to your own actions (such as delayed payment), U-home Solar may ask you to cover storage costs, late payment interest, demurrage fees, and other associated expenses. Until full payment is made, U-home Solar reserves the right to withhold or stop the delivery of products corresponding to the amount due to you, even if these products are specified in separate agreements under this Contract.
(j) U-home Solar may, at its sole discretion, postpone the delivery of goods or sell the goods to a third party without notice and will not be liable for any type of damage or loss suffered by you if:
(i) You fail to make full payment as agreed here,
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(ii) You are late in payment for any amount due to U-home Solar under any previous transaction between you and U-home Solar, and these payments have not been reflected in U-home Solar's account before the delivery of goods under this agreement; or
(iii) Other provisions agreed upon between you and U-home Solar are reserved.
(k) If you fail to meet your financial obligations to U-home Solar within the time specified in the agreement, you will bear all losses resulting from exchange rate fluctuations experienced by U-home Solar due to the devaluation of USD, EUR, or CHF against RMB based on the official exchange rates of the manufacturer's bank from the time payment is due under the current agreement until the payment is made.
5. Delivery
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(a) Agreed or announced delivery dates are provided for informational purposes only and are not binding for U-home Solar. For example, delivery delays may occur due to force majeure events (natural disasters, strikes, pandemics, government intervention, piracy, etc.), delays at U-home Solar's suppliers, the non-arrival of the transport vessel, or the non-mooring of the vessel at the departure or arrival port notified by the shipping company, or other reasons. Any delivery delay, delayed relative to an agreed or announced delivery date, will not entitle you to any additional rights, such as, but not limited to, the right to claim damages or to withdraw from the contract.
(b) U-home Solar reserves the right to opt for partial deliveries and may restrict the countries to which it delivers at short notice and at its sole discretion.
(c) Products are delivered by the means agreed upon when you place your order.
(d) The delivery address must be easily accessible. If not, you will bear all additional costs.
(e) If you refuse to accept the products or services ordered on the arranged or provided delivery date, U-home Solar may withdraw from the contract (cancellation) and charge you for delivery costs and any loss in value.
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6. Client's Obligation to Inspect Products or Services
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(a) You are required to inspect the delivered or collected products immediately for accuracy, completeness, and any transport damage.
(b) You must inform U-home Solar of any defects, or incorrect or incomplete deliveries, immediately upon detection and within two (2) business days after receiving the delivery/collection at the latest. You must carefully keep the product in the condition it was delivered and may not use it.
7. Warranty and Defects
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(a) U-home Solar offers, for third-party manufactured products, to transfer to you the factory warranty (in accordance with any applicable technical file from the manufacturer) that U-home Solar holds against said third party.
(b) In case of defects and subject to your inspection and notification obligations herein, you may be entitled to request a defect-free replacement in accordance with the manufacturer's warranty provisions. Defect correction or price reductions will be excluded unless offered entirely at U-home Solar's discretion. The foregoing is your sole remedy in the event of a defect.
(c) The warranty is excluded if the products have been used under conditions of use or performance not intended, or not in accordance with caution, good practice, the installation manual, or normal use. It is also excluded in the event of your negligence, lack of maintenance, or normal product wear and tear. Defects and deterioration of delivered products resulting from abnormal storage and/or preservation conditions at your location, including any type of accident, will not be covered by the warranty.
(d) You are solely responsible for the choice of products and their use, as well as the compatibility of the selected products with those already in use, which only you are aware of. You acknowledge and agree that U-home Solar does not conduct any feasibility or technical studies regarding product use, fitness for a particular use, or for any other reason, as these assessments are entirely your responsibility.
8. Exclusion and Limitation of Liability
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(a) You acknowledge and agree that you are solely responsible for obtaining all licenses, permits, authorizations, or any other legal requirements that may be necessary to operate or use the products and/or services acquired from U-home Solar. U-home Solar will have no responsibility or obligation in case of your failure to obtain such licenses, permits, or authorizations. U-home Solar will have no responsibility or obligation regarding your choice of materials, the compatibility between products, or the lack of specific certifications. You further acknowledge and agree that you will comply with all applicable laws, regulations, and requirements related to the acquisition and use of the products and/or services. U-home Solar disclaims any liability for any legal consequences, penalties, or damages that may arise due to your failure to obtain the necessary licenses, permits, or authorizations or for any violation of applicable laws or regulations in connection with the use of the products and/or services.
(b) Except in cases of gross negligence or intentional misconduct, U-home Solar’s liability is excluded to the fullest extent permitted by law, unless expressly provided otherwise in these GC.
(c) Under no circumstances will U-home Solar be liable for
(i) slight negligence,
(ii) indirect and consequential damages and loss of profits,
(iii) unrealized savings, or
(iv) damages resulting from delayed delivery.
(d) In all cases, except in cases of gross negligence or intentional misconduct, U-home Solar's liability will be limited to the amount you paid for the products and/or services ordered.
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9. Miscellaneous
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9.1 No Set-Off
Unless expressly provided in these GC, you waive your right to offset any claim you may have against U-home Solar against claims U-home Solar has against you.
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9.2 Severability
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If any individual terms of these GC are invalid or void, the validity of the remaining provisions of these GC will not be affected.
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9.3 Assignment
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These GC, a framework contract, or a commercial proposal may not be assigned, in whole or in part, by you without the written consent of U-home Solar.
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9.4 Advertising
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You hereby agree that U-home Solar may send you from time to time promotional materials or newsletters about its products, services, and activities. You may opt-out of these newsletters at any time (via the unsubscribe link in each newsletter or by email).
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10. Applicable Law and Jurisdiction
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(a) These GC and all related documents are exclusively governed by and interpreted in accordance with Swiss law, without regard to its conflict of law provisions and further excluding the United Nations Convention on Contracts for the International Sale of Goods.
(b) Any dispute arising out of or in connection with these GC will be subject to the exclusive jurisdiction of the courts of the city of Lausanne, Switzerland. However, U-home Solar reserves the right to bring proceedings against you in your place of habitual residence or domicile.
Contacting Us
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If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@uhomesolar.com or write a letter to U-Home Solar SA, Route de la Corniche 4, 1070 Puidoux, Switzerland.
This document was last updated on October 22nd, 2024.