The following document includes our Sales Policy, Return Policy, Privacy Policy and any pertinent Legal Notices.

DS Energy Solutions welcomes orders shipping to addresses in the U.S., possessions and territories of the United States, as well as orders shipping to APO and FPO addresses. Orders shipped outside these areas are subject to additional handling charges, higher shipping rates, and applicable customs, duties and taxes, all of which are the responsibility of the customer. All international orders must be prepaid in full with U.S. funds, by a cashier's check drawn on a U.S. bank or by wire transfer.

Please be aware that many products' warranties do not provide coverage outside the U.S., and some products may not be exported under any circumstances due to manufacturers' restrictions or U.S. law. DS Energy Solutions makes no representations regarding warranty coverage, compatibility or serviceability for products that are used outside the U.S.

Limited Warranty

Unless otherwise noted, all of the alternative energy products sold on our web site are brand new and include a manufacturer's limited warranties varying from 90 days to a period of 25 years. Said warrantees shall not apply to any such item where defects have been caused by improper customer assembly, failure by customer to follow instructions or subjecting products to improper polarity, voltage ranges beyond specification, electrostatic discharge, excess thermal stress or any such deviation beyond manufacturer specified design limitations. Said warrantees does not cover any abuse, misuse or modification of products. In most cases the manufacturer reserves the right to repair or replace defective products under warranty. Please not that most manufacturers will not cover the cost of the removal or replacement of any item that is in need of warranty service. In most cases the manufacturer will require the purchaser to cover the cost of evaluating the need for warranty service if necessary as well as the cost of shipping the item that is need of warranty service to and from the manufacturer's warranty service center. Please ask your sales representative for the respective warranty information. DS Energy Solutions does not warrant uninterrupted or error-free operation of any product. We do not warrant that any product that you acquire will meet your individual requirements. We do not warrant that that any product that you have purchased from DS Energy Solutions will work with your existing product. For example: your Charge controller, your A.C. generator, your batteries etc. DS Energy Solutions DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Money Back Guarantee

You may return an item that was purchased from us and obtain a credit or refund minus shipping and handling charges and any restocking-fees as appropriate as long as the item or items are returned to us in new, unopened and unused condition. To qualify, you must return the product in its original retail box and original outer shipping box with any accompanying reference manual, media or other associated documentation so that it arrives to DS Energy Solutions in original condition within a period of 30 calendar days from original shipment. a 15% restocking fee may apply on all returns. BATTERY PURCHASES AND SPECIAL ORDER ITEMS SUCH AS SPECIALLY CUT RACKS, INVERTERS FOR OVERSEAS USE, BATTERY BASED GRID INTERTIE SYSTEMS AND BATTERY CHARGERS ARE NON REFUNDABLE. SHIPPING CHARGES ARE ALSO NON-REFUNDABLE.

Contractor/Installer Referrals

++DS Energy Solutions maintains a nationwide list of contractors/installers that may be provided to our customers upon request solely as a convenience. DS Energy Solutions is not a contractor and as such we do not sub-contract installation services to anyone. In addition we do not make contractor/installer recommendations. And as always, we highly recommend that you always verify that any contractor or installer that you are considering possesses the necessary licensing, certification, bonding and insurance. In addition, always check references before signing any contract. The decision to use any contractor/installer on this list is entirely at your own risk. Should you decide to use any contractor/installer from this list, you hereby agree that DS Energy Solutions under no circumstance shall be held liable for the following: (1) third-party claims against you for damages; (2) loss of, or damage to, your person or property; or (3) economic consequential damages (including lost profits, savings or interest paid) or incidental damages even if we are informed of their possibility.

Returning Defective Products

Any defective product may be returned for repair or replacement within 30 days of purchase, please contact customer service for assistance. Before returning any product, a Return Merchandise Authorization (RMA) number must be obtained by contacting DS Energy Solutions. RMA numbers are valid for 30 days after the day of issuance. The RMA number(s) must be prominently displayed only on the shipping label of boxes containing returned goods. Do not mark the boxes themselves. Any product returned without an RMA number, incomplete and/or not in resalable condition, or with an RMA number over 30 days old, may be refused. Returned goods must be shipped freight prepaid in their original boxes and packing material. SHIPPING CHARGES are NON-REFUNDABLE. A copy of your packing list/invoice must accompany all returned products. Returned goods should be freight insured by you. Product returned to you under Warranty is shipped freight-prepaid via UPS Ground or other carrier at our discretion. DS Energy Solutions reserves the right to Charge for shipping, handling and labor if the Product received for repair is non-defective.

Price Guarantee

We will beat any nationally advertised price offered by a competing dealer under the following conditions:

1. If you find a lower price, it must be verifiable by one of our staff, so we request that you provide us with the dealers contact information.
2. Due to fluctuations in the cost and availability of various products, our price guaranty may only be honored at the time of sale and not afterward.
3. Our price guarantee only applies to prices which are nationally advertised via the Internet, Radio, Newspaper, Television, Mailer etc. and must be posted by an actual dealer of alternative energy products. The product must be able to be purchased by the general public (companies that require you to purchase a membership, do not qualify).
4. Our price guarantee applies only to like products and not equivalents, in other words " apples for apples" i.e. same manufacturer, same model, same warranty, same shipping cost, new in the box. Not refurbished or a customer returned item.
5. The nationally advertised price must be offered by a legitimate full service business which offers live pre and post sales support for the products that they sell. Businesses that only offer a shopping cart for placing an order do not qualify for this offer. The business must operate from a physical address. Individuals operating from their home, automobile or a PO box do not meet the requirements of this offer.
6. Our price guarantee applies only to items that are new, in stock and ready for shipment from the dealers place of business.
7. Due to the extreme volatility of the current solar panel market. Until further notice our price guaranty does not apply to solar panels.
8. We do not perform installations so if the quote that you have obtained from a competing dealer is not itemized and includes installation, we will need to see a breakdown of the cost for materials in order to beat the price that was offered to you for materials.
9. This price guaranty does not apply to prices offered by companies that are owned by us, DS Energy Solutions. These companies include DS Energy Solutions and Desert Solar.

Rebate Reservation Approval Guarantee

In the event that you have paid DS Energy Solutions a deposit or have paid in full for the purchase of a grid tie solar system and you are unable to secure an approval on your rebate reservation from your state or utility company’s rebate administrator, we hereby agree to issue you a full refund of your deposit or a full refund of the full payment that you made to us toward the purchase of your solar system so long as the product has not been shipped to you. In the event that you have paid in full and your solar system’s components have already been shipped to you and you are unable to secure an approval of your rebate reservation from your utility company’s rebate administrator, DS Energy Solutions hereby agrees to issue you a full refund of the full payment minus shipping costs, upon the return of the solar system’s unused, undamaged equipment so long as said equipment is returned to our warehouse within 30 days of its delivery to your site. Please note that as a courtesy, DS Energy Solutions offers free assistance to its customers in filling out their rebate applications but assumes no liability or responsibility for securing a rebate for you nor any liability or responsibility for securing any specific rebate amount. For this reason DS Energy Solutions highly recommends that you wait until you have received your rebate reservation confirmation before taking delivery of your solar system’s components. If you have paid in full for your solar system and have not yet received an approval for your rebate reservation, DS Energy Solutions will store your solar system for you at no charge until you have received your rebate reservation approval.

Title to Products

Title is transferred to you when product is shipped Freight On Board (FOB) shipping point. However, we reserve a purchase money security interest in the product until we receive the amounts due. You agree to allow us to sign an appropriate document on your behalf to permit us to protect our purchase money security interest.

Limitation of Liability

Under no circumstances are we liable for the following: (1) third-party claims against you for damages; (2) loss of, or damage to, your person or property; or (3) economic consequential damages (including lost profits, savings or interest paid) or incidental damages even if we are informed of their possibility. If any product or service that is offered by this website is found to be defective, DS Energy Solutions nor its officers shall not be responsible for reimbursement of any cost related to servicing, repair, correction or replacement. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Customer Remedy

DS Energy Solutions’s entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the United States. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

Grid Tie System Performance

Grid tie solar system performance is based on many factors such as the availability of peak sunshine. Peak sunshine is defined as sunshine which is available during clear sky conditions between the hours of 9 AM and 3 PM. The 5 to 6 hour peak sunshine energy production examples depicted above are meant for reference purposes only, and are typical only for certain areas of Southern California, Nevada, Arizona and New Mexico. Your site's number of peak sunshine hours and thus your system's performance will vary depending on factors such as, geographic location, the angle at which your solar panels are tilted, time of year, degree of annual cloud cover, pollutants in the air, dirt and guano (bird droppings) build up on the solar modules, time of day, solar module age, obstacles to sunlight such as trees and buildings, and the direction that the solar modules are pointed at.

Technical Support

DS Energy Solutions offers free technical support on the products that we sell. Technical support is limited to the following: Product operation, product trouble shooting, and limited product installation advice. For safety reasons, DS Energy Solutions shall not offer installation advise to any person other than an experienced electrician who is licensed to perform electrical work within the state that the product installation is to take place, when said installation involves dealing with voltage levels and or current levels that may be harmful or lethal if not properly or safely installed. DS Energy Solutions hereby recommends that all electrical connections be performed by a licensed electrician in accordance to NEC guidelines.

Payment Due

If you have not prepaid for your order then payment for the products listed on the enclosed packing list/invoice is due upon shipment. You agree to pay as we specify on the invoice.

Pricing

For all prices and products, we reserve the right to make adjustments due to errors, changing market conditions, product discontinuation or typographical errors in advertisements. DS Energy Solutions is not responsible for manufacturer price changes, which may occur at any time without notice.

Shipping Methods

All shipping methods are described as follows:

• UPS Ground- Delivery 7 to 10 working days from shipping depending on your location.
• USPS Ground Delivery 7 to 10 working days from shipping depending on your location.
• Two Day Service- Delivery within 2 days from shipping date. (The shipping method may be changed at our discretion. As long as delivery is guaranteed within 2 days from date of shipment. All CHARGES are for 2 day service, not necessarily 2 day air freight.)
• Overnight Delivery- Delivery by the next business morning. (Does not include Saturdays)
• All shipping methods are from the date the order is shipped. The time guidelines do not account for any delays due to stock shortages prior to shipping.

Privacy Notice

This privacy notice discloses the privacy practices for DS Energy Solutions http://www.dsenergysolutions.com

This privacy notice applies solely to information collected by this web site. It will notify you of the following:

What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. What choices are available to you regarding the use of your data. The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing.

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Links to other sites

This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Contests and surveys

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (866) 381-5838 or via email at info@dsenergysolutions.com

Telephone Assistance

If there is a problem with a product that you purchased from DS Energy Solutions you should refer to the user's reference manual for assistance. Except as is otherwise stated herein, if you are unable to resolve a problem with a product, you may contact us, at no additional Charge, at (866) 381-5838 for telephone assistance between the hours of 8 am to 5 pm PST, Monday through Friday.