Terms & Conditions

5D Innovations Solarspot Products Terms & Conditions

Last Updated March 10, 2022

Introduction

Dear client, yes we also hate these legal stuff, but unfortunately it has to be done, right? In order for us to keep delivering excellent products and services at spectacularly low prices (not an easy thing to achieve), we must have some T’s & C’s to ensure fairness all around. Firstly let us guarantee you that we really appreciate your business and will always endeavour to treat you fairly, do everything we can to assist you with problems within our control, and go beyond the normal call of duty to assist you with problems outside of our control or influence.  As with everything, there is a limit to what we can do, as consumer goods are impacted by the environment, other people’s and your own actions. Please read these terms of sale carefully, along with the “Important Notice to Energy Product Customers” document (which contains critical information related to protective devices required to ensure honouring of warranties) before placing your order and retain a copy of these terms and your order for future reference.

1.    Format

  • These terms of sale apply to all goods supplied by 5D Innovations (hereinafter also referred to as the “Supplier”).
  • No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
  • By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance email. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
  • The contract is subject to your and our rights of cancellation (see below).
  • The Supplier may change these terms of sale without notice to you in relation to future sales.

2.     Description and Price of the Products / Services

  • The description and price of the goods you order will be as shown on the Supplier´s website, or detailed in your quotation, an annexure to the quotation or finalised email at the time you place your order.
  • The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, 5D Innovations will inform you as soon as possible and offer you an alternative unit, or credit/refund you for any sum that has been paid by you or debited from your credit card for the goods. In the event that only some products are not available, and which has no functional impact on the other products ordered, the credit/refund procedure shall only apply to the items which cannot be supplied.
  • Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. Please bear in mind that renewable energy products are mostly imported, and as such are heavily dependent on exchange rates and other import costs. Furthermore, stock availability as indicated by our importing partners might be affected negatively by various transport and clearance processes. For your convenience, we may liaise with you regarding price and availability on various platforms such as email, telephonic, WhatsApp or SMS. Please bear in mind that we often explore various avenues to find you the best pricing and availability, and as such, these variables might be affected. Please peruse your final official quotation, as this will supersede all other forms of communications and pricing. If an error is found, the Supplier will inform you as soon as possible and offer you the option of re-confirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 7 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

3.     Payment

  • Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website or on your official quotation at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. Discounted prices are often indicated if direct EFT method (no payment gate involvement) is used.
  • There will be no delivery until cleared funds are received.
  • Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you, or written authorisation for such a deduction exists between you and the Supplier, ie in the case of existing credit from previous legitimately returned goods, in which case such authorisation will be indicated on your quotation / pro-forma invoice.
  • In the case of EFT, please upload your Proof of Payment on the portal, or email to us with your order number as reference.

4.     Risk / Title

  • The goods are at your risk from the time of delivery.
  • Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
    • the goods, and
    • all other sums which are or which become due to the Supplier from you on any account.
    • The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

5.     Title for Business Customers

  • If you are a business customer until ownership of the goods has passed to you, you must:
    • store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
    • Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
    • hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
  • If you are a business customer your right to possession of the goods shall terminate immediately if:
    • you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
    • you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts.
    • you encumber or in any way charge any of the goods.

6.     Warranties

  • Most goods supplied by the Supplier are covered under manufacturer warranties. These differ between brands and models (higher end equipment typically have longer warranty periods. We advise you to read the manufacturer’s warranty information and familiarise yourself with the limitations thereof before using the equipment. This warranty does not affect your statutory rights as a consumer. Please feel free to contact us regarding any questions you might have related to warranties
  • The honouring of warranties on renewable energy equipment are heavily reliant on correct installation, and inclusion of all required protective devices. Please consult the user manual for your products and/or ensure your installer consults them in detail. The supplier will not be held liable for any omissions by the client related to specified instructions. Although we can advise, we cannot enforce the client’s decisions, nor control the installation conditions, and therefore we cannot be held liable for omissions. Manuals and other relevant technical literature can be downloaded from our website, under the “documents” tab in each product’s page. You may also contact us to request the literature.
  • In order to ensure fast and effective warranty claims, we highly recommend that the client takes clear pictures of the key protective devices and installation conditions and parameters before initial start-up. These pictures should be submitted to the Supplier who can file these images in order to assist with future warranty claims. The Client retains the responsibility to also store these images.
  • The following protective devices and installation conditions must be met as a minimum, although manuals might specify additional requirements. Please take pictures of all the following items as well. As evidence and verification of correct installation, we highly recommend you record and submit pictures to us before energizing the system:

Inverters:

  • Unobstructed space for ventilation around the perimeter of the inverter. This is usually at least 20cm on each side, and 50cm above and below. Please consult your manual for specific details.      
  • Correct atmospheric conditions (dust, humidity, moisture exposure, ambient temperature) must exist. Please consult the manual for specifications
  • A correctly sized 2-pole MCB must be installed in the AC supply leading to the inverter
  • A correctly sized 2-pole MCB must be installed in the AC feed from the inverter towards the loads
  • A Type 2 AC Surge Protection Device must be installed in parallel with the AC supply to the inverter
  • A Type 2 DC Surge Protection Device must be installed in parallel with the DC supply to the MPPT / PWM input if Solar Panels and/or windturbines are connected
  • A correctly sized DC MCB must be installed in the solar cables leading to the MPPT / PWM input
  • A fuseholder with correctly rated fuses (to protect the maximum input rating of the MPPT / PWM input) must be installed in  both the positive and negative poles of the solar cables
  • A fuseholder with correctly rated fuses (to protect the maximum demand rating of the inverter) must be installed in both the positive and negative poles of the battery cables
  • Correct sequence of energizing – please follow the installation manual diligently
  • Maximum Open Circuit Voltage of the solar panel array, should not exceed the maximum allowable Open Circuit Voltage of the MPPT/ PWM. Temperature coefficients need to be accounted for during calculation
  • Maximum Short Circuit Current of the solar panel arrays, should not exceed the maximum allowable Current of the MPPT/ PWM. Temperature coefficients need to be accounted for during calculation

Batteries:

  • Bulk, Float and low Cut-off voltages, and Maximum Discharge Current must be set up on the inverter, in order to protect the batteries
  • Communications between the Battery Management System and Inverter must be set up if available
  • The correct number of batteries must be installed in a configuration which allows the battery assembly to supply the rated demand current from the inverter. For example: a 5kW inverter will typically be able to consistently demand 110A @ 45V, thus the batteries in their assembled configuration must be able to supply 110A consistently. Running batteries in a configuration unable to supply the inverter’s demand DC current, will almost certainly void the warranty. Please consult the product datasheets for clarity on the ratings.
  • Ventilation and cooling must be considered during installation. Batteries generate significant heat when being charged and discharged, while many battery types also emit fumes/ vapours which should be isolated from inhabited spaces or other sensitive infrastructure / equipment
  • A fuseholder with correctly rated fuses (to protect the maximum demand rating of the inverter) must be installed in both the positive and negative poles of the battery cables

Solar panels:

  • Fit for purpose installation hardware must be used. Only use reputable brands.
  • Installation instructions for the hardware and panels can be obtained in their installation manuals, and must be followed diligently. Clamp bolts need to be tightened to the correct torque, and should be checked at least every 6 months.
  • Many panels can only be clamped on specific sides of the frames, ie long side only – consult the datasheet / manual
  • Care should be taken with regards to wind direction and strength, as upward wind load is an often-overlooked component in system design
  • If panels arrive damaged, detailed pictures should be taken before removing the panel from the pallet / packaging
  • Maximum Open Circuit Voltage of the solar panel array, should not exceed the maximum allowable Open Circuit Voltage of the MPPT/ PWM. Temperature coefficients need to be accounted for during calculation
  • Maximum Short Circuit Current of the solar panel arrays, should not exceed the maximum allowable Current of the MPPT/ PWM. Temperature coefficients need to be accounted for during calculation
  • A correctly sized DC MCB must be installed in the solar cables leading to the MPPT / PWM input
  • A fuseholder with correctly rated fuses (to protect the maximum input rating of the MPPT / PWM input) must be installed in  both the positive and negative poles of the solar cables
  • Shaded and non-shaded panels should not be mixed on an MPPT/ PWM.
  • Please note that 5D Innovations will do the utmost best to assist you with the warranty claim process, but certain repairs must be performed by the manufacturer’s repair centre, and therefore cannot be done by 5D Innovations while the warranty is in place.
    Different brands have different policies regarding coverage offered by the warranty. In most cases, the specific warranty information for the brand and product, is available on our website, please contact us if it is not available, and familiarise yourself with the contents. The decision to repair vs replace a unit/s, is at the discretion of the Supplier’s Suppliers, and their decision in this regard will be final. In certain unique cases, a unit might have to be replaced by a refurbished unit with equal functionality, condition and aesthetics. The Supplier’s decision will be final.
  • The Supplier provides a Return to base warranty which means, Customers are liable for the shipping charges for returning of faulty goods to the Supplier, or (at the Supplier’s discretion) to another address within CT or JHB. Shipping charges will not be refunded. The Supplier might, as a sign of goodwill, but entirely at its own discretion, arrange for transport and cover the costs thereof.
  • We will not accept any item that has physical damage. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the buyer, or repaired at their expense. The most common forms of physical damage we receive are from inverters where the required protective devices were not installed. Please understand that these are policies established by the manufacturer and some of the definitions below were taken directly from them:
  • If the goods supplied to you arrive damaged, or the packaging is damaged to a concerning level, a you should notify the Supplier in writing via the “Contact Us” section on the website, or email within 48 hours of delivery, preferably accompanied by detailed pictures.
  • If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
  • All Promotional items which were supplied free of charge, do not carry any Warranty. 5D Innovations will not be held liable for any faults on these items, as they are provided as-is from the respective manufacturer.
  • We do not accept returns or refund batteries, as one incorrect charge or discharge cycle from the customer can damage the battery. If you have a problem with a battery you purchased from us, we will do our best to ascertain the reason for the problem. Our discretion, or that of the battery manufacturer will be final.
  • This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier’s approval.
  • Modifications
  • Please note that any unauthorised modifications might directly and negatively affect your warranty. These include, but are not limited to: addition or replacement of modular components, installation of Operating Systems or Firmware other than the supplied (do not format hard-drives, as this removed the opportunity to restore to factory settings for return to supplier), installation of unauthorised software copies, incorrect installation methodology etc.
  • Please obtain written authorisation from us or the manufacturer before performing any modifications and/or upgrades

7.     Limitation of Liability

PLEASE NOTE: Solar Spot cannot and will not keep track of clients’ location of use, therefore clients who reside in areas where SSEG registration is required, bear the responsibility to ensure they don’t purchase inverters which are not on the Municipality’s Approved Inverter list

  • If you are a consumer, the Supplier shall not be liable to you for any loss or damage in circumstances, where:
    • There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
    • Such loss or damage is not a reasonably foreseeable result of any such breach;
    • Any increase in loss or damage resulting from breach by you of any term of this contract.
  • If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
  • 5D Innovations cc shall not be held liable for any damages to new and/or existing installations due to the installation of our products. It is important for the customer to ultimately verify the compatibility of our products with their intended or existing systems, we recommend discussing with the installation electrician who will perform the installation.
    • If equipment is damaged due to incorrect installation and or operation, the warranty shall not be valid. It is therefore very important to ensure correct installation, setup and operation.
    • Once damaged equipment has been returned to us, we shall send it to the National importer/ agent. The national agent for the equipment in question, shall perform an analysis regarding the reason for failure. The national agent’s assessment of the failure cause shall be final.

8.     Images and Illustrations

  • Product images are for illustrative purposes only and may differ from the actual product.

9.     Promotions

  • Promotional items are valid during specific promotional times, Promotional items will not be provided prior to their respected start dates. ALL promotions are valid while stocks last, should stock deplete during the promotional time, 5D Innovations regretfully will not be able to further fulfill promo giveaways. 5D Innovations cannot be held liable once stock has run out of promotional giveaways.
  • The Supplier reserves the right to amend or cancel the terms any Promotion at any time without prior notice.
  • The Supplier IS NOT BOUND BY, AND WILL BE UNDER NO LIABILITY FOR, ANY STATEMENT BY ANY CONFLICT WITH ANY PROMOTIONS TERMS AND CONDITIONS.
  • 5D Innovations is not responsible for lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions, which will be void. The Supplier is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that a Participant is prevented from participating in the Promotion.
  • The Supplier is not responsible for invalid, incorrect, or unreachable email addresses provided by a User.

10.   Privacy, Protection of Information and Data

5D Innovations (Solarspot) respects the privacy of all users of the Website, in accordance with the POPI Act. The goal of this privacy policy is to protect the information of all our users and therefore each time you log on to our Website you agree to be bound by the existing Privacy Policy as contained on the Website.

We reserve the right, at our discretion, to update, amend and/or revise our Privacy Policy without notice. Please check for changes. Since it will be your responsibility to check for changes you agree that changes to the privacy policy at any time will not be a valid defence or ground for action in any litigation between you and us.

Your information will be used to identify you and for billing, marketing (for example to inform you of specials) and information (for example sending you our newsletters) purposes. In the event of you being desirous not to receive such information kindly inform us via e-mail by clicking on the “Contact Us” icon and state which information you wish not to receive.

Each user has the right to request the amendment or deletion of their personal information from the Supplier’s database. De-identified information used for statistical purposes, cannot be deleted by the Supplier. Each user has the right to know what their information is used for, and may request this at any time. All requests with regards to Personal Information, must be done via email.

When purchasing 5D Innovations products via this Website you agree that your personal information be transmitted to third parties in order to facilitate the successful conclusion of the sale agreement, for example delivery purposes.

Your information remains yours and 5D Innovations will not divulge it to any third party, except as described herein. 5D Innovations undertakes not to sell your information to any third parties.

The following information of all users will be stored: Your name, Identity Number, Contact details and details relating to the products you ordered, payment method details (if applicable within your profile). For your protection we do not store your financial information (for example bank details). The Supplier reserves the right to release your information in aggregated format to third parties, provided that such information does not identify you.

Information and data is automatically collected through the standard operation of the Internet servers and may this Website use “cookies” and “tracking” technology. “Cookies” and “tracking” technology cannot be used to obtain your personal information. “Cookies” can be used to recognize repeat users and facilitate the user’s access to the Website. You can disable the “cookie” function but in some cases your purchasing experience might be impacted negatively.

  • The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
  • As per the POPI Act, you are authorised to request transparency into any and all personal information we have gathered on you/ your business, you may request de-dentification where reasonably practicable, and you are entitled to know how and where we use your information. Should you request deletion and /or de-identification of your information, please bear in mind that this might impact on our ability to honour certain agreements, unless undisputable records of proof is provided by you.
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