Terms and Conditions – Effective 10/4/2023

These TERMS AND CONDITIONS cover all sales of products and services sold by Plainview Energy Solutions Inc. (“Plainview”).

• An order shall not be binding on Plainview until approved by Plainview at its home office at 333 W Rand Rd, Mount Prospect, Illinois 60056.
• Prices stated on Plainview’s quotation are valid for thirty (30) days. Unless specified to the contrary in a written quote, all prices are subject to change without notice.
• Net payment is due fourteen (14) days from the invoice date for credit qualifying customers. A charge of 1 ½% per month will be added to the unpaid balance on all invoices not paid on or before the due date. In the event that the Buyer breaches this provision, is insolvent, or in Plainview’s opinion is suffering any credit impairment, Plainview reserves the right to demand immediate payment in full for all goods ordered and, until such payment is received, Plainview may refuse to manufacture additional goods ordered, withhold further shipments in whole or in part, and recall any goods in transit.
• Plainview reserves the right to make product changes or updates without notice.
• Plainview warranties that all Plainview LED luminaire products sold and installed in the US and Canada will be free from defects in material and workmanship for the specified warranty for a particular product in effect on the date of the product being invoiced by Plainview. Within the warranty period, Plainview shall repair or replace such products as are returned to us with shipping charges prepaid and which are deemed by us to be defective. An LED luminaire is considered to have failed when 10% or more of its LEDs do not light up. In the event that a power supply fails, Plainview may, at its sole discretion, decide to replace the power supply components only. This limited warranty will not apply to any product which has been subject to misuse, negligence or accident, Acts of God, misapplied, modified or repaired, attempted to be repaired by an unauthorized person or improperly installed. Additional warranty terms and conditions apply. With the exception of this limited warranty, PLAINVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE.
• Plainview’s liability for any defect or deficiency in the products or services sold by Plainview to Buyer hereunder shall be limited to the repair or replacement of any such products or services. Plainview’s liability for any act or omission in connection with the sale of goods or services hereunder shall be limited to the purchase price of the goods or services with respect to which the action arises, whether in contract, tort or otherwise. Plainview shall not be liable to Buyer, or Buyer’s customer, for any indirect, special, consequential or punitive damages or damages for lost profits or revenue even if the parties are aware or have been advised of the possibility of such damages.
• Replacement or credit will be given only after Plainview’s inspection of the goods and its agreement to the claimed substantially defective condition. All claims shall be deemed waived unless made in writing and delivered to Plainview within thirty (30) days after receipt by Buyer. In no event will any claim be entertained: (i) after goods have been cut or used by Buyer or (ii) based upon any failure or damage which cannot conclusively be proved to have proximately and solely resulted from a defect in material or workmanship.
• Buyer shall not have the right to cancel its purchase order because of any delay or default in delivery. Orders may not be canceled for work or shipment delayed by Buyer except with the consent, and upon the terms and conditions approved by Plainview in writing. Such terms will include cancellation charges, payment in full for all work in progress, work finished, goods identified to the order and all other damages or losses incurred by Plainview as a result of such cancellation or delay.
• Unless otherwise agreed in writing signed by an Officer of Plainview, all items designated as special order shall be non-cancelable or nonreturnable after the order is placed with the supplier. Under no conditions shall Plainview be obligated to accept returns of special order products. All returns of non-special order products must be made within 30 days and accompanied by a receipt. Returned product must be in the same condition as sold. Returns outside of these terms may be allowed at the sole discretion of Plainview.
• The sole and exclusive jurisdiction for any legal proceedings brought as a result of purchase under these Terms and Conditions shall be in Cook County, Illinois, and the prevailing party shall be entitled to recover all costs and expenses (including reasonable attorney’s and accountant’s fees).
• These Terms and Conditions represent the entire agreement between Plainview and the Buyer. Plainview may amend these Terms and Conditions at any time without notice to the Buyer or any third party. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Illinois. No terms and conditions in any way adding to, modifying or otherwise altering the provisions stated herein shall bind Plainview unless reduced to writing and signed, dated and approved by any Officer of Plainview.