GENERAL TERMS

1. WARRANTIES.

We warrant the original purchaser that our product and component parts thereof will be free from defects in workmanship and materials, for a period of one year from date of purchase. We will, without charge, repair or replace, at its option, defective product or component parts. Returned product must be accompanied by proof of the purchase date in the form of a sales receipt and an authorized RMA number.

Exclusions: This warranty does not apply in the event of misuse or abuse of the product or as a result of unauthorized alterations or repairs. The warranty is void if unit is open or altered in any way or used in a manner contrary to instructions in this user manual or specifications. We shall not be liable for any consequential damages, including without limitation, damages resulting from loss of use.

The parties affirmatively state that the products sold hereunder are not intended for use in or in connection with a nuclear facility. We make no representation whatsoever with regard to whether any goods comply with the Occupational Safety and Health Act (OSHA), the Americans with Disabilities Act (ADA), or any other federal, state, or local statute, law, ordinance, or ruling.

2. LIABILITY.

We shall not be liable for special, indirect, incidental or consequential damages of any kind from the use or loss of use of any product or due to, arising out of or connected with these Terms and Conditions of Sale. In addition to the assignment of manufacturer warranty stated above, Buyer’s exclusive remedy for any claim against us, at our option, to repair or replace the goods, or for we to request return of the product and tender to Buyer the purchase price paid upon redelivery. The remedies of Buyer as set forth herein are exclusive, and our liability with respect to any contract of sale or anything done in connection therein, whether in contract, tort, negligence, strict liability, breach of contract, indemnity or under any legal theory, warranty or otherwise, shall not exceed the purchase price of the goods on which such liability is based.

3. DELIVERY

Shipping dates given in advance of actual shipment are estimated. We shall not be liable for failure to perform or delay in performance resulting from fire or other casualty loss, war, riot, act of terrorism or revolutions, labor difficulties, embargo, transportation problems, accidents, breakdown of machinery, interruptions or delays in the usual source of supply, governmental action or regulation, or any other cause, contingency or circumstance, within or without the United States, not subject to our control which shall make the fulfillment of the agreement impracticable; any of which shall, without liability, excuse Felicity.Solar from the performance of the agreement.

4. SINGLE BREACH BY BUYER.

Shipping dates given in advance of actual shipment are estimated. We shall not be liable for failure to perform or delay in performance resulting from fire or other casualty loss, war, riot, act of terrorism or revolutions, labor difficulties, embargo, transportation problems, accidents, breakdown of machinery, interruptions or delays in the usual source of supply, governmental action or regulation, or any other cause, contingency or circumstance, within or without the United States, not subject to our control which shall make the fulfillment of the agreement impracticable; any of which shall, without liability, excuse Felicity.Solar from the performance of the agreement.

5. ACCEPTANCE OF GOODS.

Buyer shall make an examination of any goods delivered hereunder immediately upon its receipt. Buyer’s failure to give written notice of any claim within 5 days after the receipt of such material shall constitute Buyer’s unqualified acceptance of such material and a waiver by Buyer of all claims with respect thereto including any right to revoke acceptance. Upon acceptance, Buyer assumes all risks and liability for the results obtained in its business by the use of any materials delivered or by the use of such materials in combination with other goods or materials. In no event may customer set-off payment for any rejected or revoked acceptance goods against payment due on goods accepted.

6. LIMITATION OF ACTIONS.

No action for breach of any term of sale or any other duty of ours with respect to goods or services may be commenced more than three months after the cause of action accrues.

7. PAYMENT.

Unless there is an express written agreement between us and Buyer specifying different payment terms, our invoices will be due prior to shipment of products. There is no grace period, and Buyer’s account may be automatically placed on hold if payment is not received within the period provided by these terms and conditions. Buyer must ensure that payments are processed.

8. TAXES.

The prices for goods do not include any sales, use or other taxes or charges payable to state or local authorities. Buyer shall be responsible for and shall pay all federal, state and local sales, use, property, excise, freight or other taxes imposed on or with respect to the goods, except taxes levied on Seller’s net income with respect to such goods. To the extent that such taxes do not appear as an itemized charge, Buyer certifies that the sale of the goods is exempt from such taxes and Buyer assumes the liability for any such tax which may be found to be due, and agrees to indemnify and hold Felicity.Solar harmless with respect thereto.

9. RETURNS.

In no case are goods to be returned without first obtaining our permission. Buyers shall pay the costs of return of any goods and shall use its best efforts to insure that all packaging materials that we supply are maintained in suitable storage areas to protect them from damage, including, without limitation, from forklifts and weather. Goods must be securely packed to reach us without damage. Material accepted for credit may be subject to a service charge plus all transportation charges. Credit for returned goods will be allowed only to the extent agreed to in writing by a duly authorized representative and no application for credit will be processed unless Buyer provides the original invoice number and date.

10. EXTRA EXPENSE.

No labor expense or other charges will be accepted by us as a result of the use or modification of any of the goods sold hereunder, unless approved in writing by an Officer of ours prior to the incurring of such expense.