Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Lumera Solar Inc. website and the purchase, use, installation, and handling of products supplied by Lumera Solar Inc.

By accessing our website, submitting an order, purchasing a product directly from Lumera Solar Inc., or otherwise using our website or services, you agree to these Terms.

If you do not agree with these Terms, please do not use our website or purchase products directly from us.

1. About Lumera Solar

Lumera Solar Inc. (“Lumera Solar,” “we,” “us,” or “our”) is a Canadian manufacturer and supplier of photovoltaic solar modules and related solar products and equipment.

References to “Products” in these Terms include, as applicable, photovoltaic modules, portable solar products, mounting components, accessories, electrical components, and other products manufactured, distributed, or supplied by Lumera Solar.

2. Website Information

We make reasonable efforts to ensure that information presented on our website is accurate and current. However, specifications, dimensions, weights, power ratings, photographs, illustrations, availability, pricing, certifications, and other information may be changed or corrected without notice.

Images and illustrations may not exactly represent the final Product.

Product specifications published on a Product datasheet or other official Lumera Solar technical documentation should take precedence over general website descriptions.

We reserve the right to correct typographical errors, inaccuracies, or omissions at any time.

3. Product Performance

Published photovoltaic power ratings are based on specified testing conditions, such as Standard Test Conditions (“STC”), where applicable.

Actual energy production and electrical performance are not guaranteed to equal published laboratory or STC ratings.

Actual Product output may vary substantially depending on factors including, without limitation:

Solar irradiance and geographic location;
Temperature;
Installation angle and orientation;
Shading;
Dirt, snow, debris, or other obstruction;
Wiring and electrical losses;
Charge controllers, inverters, batteries, and other connected equipment;
System configuration;
Installation quality;
Bifacial gain and rear-side irradiance;
Aging and normal degradation;
Environmental conditions; and
Other circumstances outside Lumera Solar’s control.

Any energy-production estimates, examples, calculators, projections, or representations provided through our website or marketing materials are estimates only unless expressly identified in writing as a contractual guarantee.

4. Installation and Use

Solar Products generate electrical energy when exposed to light and may produce hazardous DC voltage even when they are not connected to a complete solar system.

Products must be installed, operated, maintained, transported, and stored in accordance with applicable Lumera Solar instructions, Product documentation, electrical codes, building codes, safety requirements, and applicable laws.

Where required by law, installation must be performed by appropriately qualified or licensed personnel.

THE PURCHASER, INSTALLER, AND USER ARE RESPONSIBLE FOR DETERMINING WHETHER A PRODUCT IS SUITABLE FOR THE PARTICULAR APPLICATION AND INSTALLATION LOCATION.

Lumera Solar is not responsible for designing or approving a customer’s complete electrical, structural, mounting, battery, charging, or energy system unless Lumera Solar has expressly agreed in writing to provide such professional design services.

Recommendations, diagrams, examples, technical discussions, or general assistance provided by Lumera Solar do not relieve the purchaser, installer, engineer, contractor, or other responsible party of the obligation to verify that the installation is safe and compliant.

5. Vehicle, RV, Marine and Mobile Installations

Certain Lumera Solar Products may be used in recreational vehicles, trailers, boats, marine applications, mobile equipment, or other moving installations where the Product specifications and installation instructions permit such use.

Mobile installations are subject to stresses and environmental conditions that may differ substantially from stationary installations, including vibration, flexing, impact, wind loading, road debris, salt exposure, movement, and repeated mechanical loading.

Unless expressly stated otherwise in a Product-specific written warranty:

LUMERA SOLAR DOES NOT WARRANT THE STRUCTURAL INTEGRITY OF THE VEHICLE, VESSEL, ROOF, RACK, MOUNTING SYSTEM, FASTENERS, ADHESIVES, OR OTHER STRUCTURES TO WHICH A PRODUCT IS ATTACHED.

The installer and vehicle or vessel owner are responsible for determining that the mounting method and supporting structure are suitable for the Product and anticipated operating conditions.

Products must be securely installed using mounting methods appropriate for the application.

Damage caused by improper mounting, insufficient support, excessive vibration, flexing, impact, collision, road hazards, improper fastening, incompatible mounting components, or failure of a third-party mounting system is excluded from Lumera Solar warranties to the extent permitted by applicable law.

6. Structural and Mounting Responsibility

The suitability and capacity of any roof, structure, vehicle, rack, tripod, frame, foundation, or other mounting surface must be independently verified before installation.

Lumera Solar is not responsible for:

Roof or structural damage;
Water intrusion or leaks;
Failure of mounting hardware not supplied by Lumera Solar;
Incorrect fastener selection;
Improper attachment to a structure;
Structural overloading;
Wind, snow, seismic, vibration, or dynamic loading calculations;
Damage resulting from an inadequate mounting surface or support structure; or
Installation methods that do not comply with applicable instructions, codes, engineering requirements, or industry practices.

Where structural engineering is required, it is the responsibility of the purchaser or installer to obtain appropriate professional advice.

7. Electrical System Responsibility

The purchaser and installer are responsible for ensuring that Products are connected only to compatible electrical equipment and systems.

This includes verifying appropriate:

System voltage;
Maximum system voltage;
Current ratings;
Overcurrent protection;
Wire size;
Connector compatibility;
Polarity;
Grounding and bonding;
Charge controller configuration;
Battery chemistry and charging parameters;
Inverter specifications; and
Applicable electrical-code requirements.

Lumera Solar is not responsible for damage resulting from incorrect wiring, reverse polarity, incompatible equipment, improper system design, electrical surges, lightning, improper grounding, incorrect fuse or breaker selection, or operation outside published Product specifications.

8. Modification of Products

Products must not be modified except where expressly permitted by Lumera Solar.

Unauthorized drilling, cutting, disassembly, alteration, bypassing of electrical components, modification of junction boxes or wiring, use of incompatible connectors, alteration of frames, or other unauthorized modification may compromise Product safety and may void applicable warranties.

9. Product Certifications

Where a Product is identified as certified or compliant with a particular standard, certification applies only to the specific Product configuration and scope covered by the applicable certification.

Not all Lumera Solar Products necessarily carry the same certifications.

The purchaser is responsible for determining whether a Product has the certifications or approvals required for the intended installation and jurisdiction.

No statement regarding certification should be interpreted as approval of a particular installation, mounting system, system design, or application unless expressly stated otherwise.

10. Orders and Acceptance

All orders placed directly with Lumera Solar are subject to acceptance.

We reserve the right to refuse or cancel an order due to Product availability, pricing errors, suspected fraud, credit issues, shipping restrictions, regulatory requirements, or other reasonable business considerations.

An automated order acknowledgement does not necessarily constitute final acceptance of an order.

Additional terms contained in a Lumera Solar quotation, invoice, purchase agreement, distribution agreement, or other written contract may apply to a transaction.

Where an individually negotiated written agreement conflicts with these Terms, the individually negotiated agreement will govern to the extent of the conflict.

11. Pricing and Payment

Prices are shown in the currency indicated and may exclude applicable taxes, duties, brokerage charges, shipping costs, tariffs, and other charges unless expressly stated otherwise.

The purchaser is responsible for applicable taxes, duties, customs charges, tariffs, and governmental fees except where Lumera Solar expressly agrees otherwise in writing.

Prices and availability may change without notice before an order is accepted.

12. Shipping and Risk of Loss

Shipping dates and delivery estimates are estimates unless Lumera Solar expressly guarantees a delivery date in writing.

Lumera Solar is not responsible for delays caused by carriers, customs authorities, weather, labour disruptions, supply-chain interruptions, governmental actions, border delays, natural disasters, or other events outside our reasonable control.

Risk of loss and shipping terms may be further defined by the applicable quotation, invoice, purchase order, Incoterm, or sales agreement.

Purchasers should inspect Products promptly upon delivery and report visible shipping damage in accordance with the applicable carrier and Lumera Solar claims procedures.

13. Returns

Returns require prior authorization from Lumera Solar unless otherwise required by applicable consumer-protection law.

Products returned without authorization may be refused.

Products must generally be unused, uninstalled, undamaged, and returned in appropriate packaging unless the return relates to a valid warranty claim.

Shipping, restocking, inspection, or other charges may apply depending on the circumstances of the return.

Custom-manufactured, specially ordered, modified, clearance, or final-sale Products may be non-returnable.

14. Product Warranty

Certain Lumera Solar Products may be covered by a separate written limited Product warranty.

Where a Product-specific written warranty applies, that warranty governs warranty coverage for that Product.

Warranty periods, workmanship coverage, power-output coverage, exclusions, remedies, and claim procedures may vary by Product.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN AN APPLICABLE WRITTEN LUMERA SOLAR WARRANTY AND WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED, NO ADDITIONAL WARRANTY IS CREATED BY THESE TERMS, OUR WEBSITE, ADVERTISING MATERIALS, TECHNICAL DISCUSSIONS, SALES COMMUNICATIONS, OR OTHER STATEMENTS.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS, WEBSITE CONTENT, TECHNICAL INFORMATION, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN WRITING BY LUMERA SOLAR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMERA SOLAR DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMERA SOLAR INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO A PRODUCT, ITS INSTALLATION OR USE, OR THE USE OF THIS WEBSITE.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMERA SOLAR SHALL NOT BE LIABLE FOR:

LOSS OF PROFITS OR REVENUE;
LOSS OF BUSINESS OR BUSINESS INTERRUPTION;
LOSS OF ENERGY PRODUCTION;
LOSS OF USE;
LOSS OR DAMAGE TO DATA;
COST OF SUBSTITUTE POWER OR EQUIPMENT;
REMOVAL OR REINSTALLATION COSTS EXCEPT WHERE EXPRESSLY COVERED BY AN APPLICABLE WRITTEN WARRANTY;
LABOUR COSTS EXCEPT WHERE EXPRESSLY AGREED IN WRITING;
DAMAGE TO BUILDINGS, ROOFS, VEHICLES, VESSELS, TRAILERS, RACKS, BATTERIES, INVERTERS, CHARGE CONTROLLERS, OR OTHER EQUIPMENT;
DAMAGE CAUSED BY THIRD-PARTY PRODUCTS OR COMPONENTS;
BUSINESS INTERRUPTION OR DOWNTIME; OR
OTHER CONSEQUENTIAL OR ECONOMIC LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMERA SOLAR’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO A PRODUCT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO LUMERA SOLAR FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, INCLUDING CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF LUMERA SOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

17. Exclusion of Liability for Improper Installation or Use

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMERA SOLAR SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE, INJURY, FAILURE, OR EXPENSE CAUSED BY OR ARISING FROM:

Improper installation;
Installation contrary to Product instructions;
Improper transportation, handling, or storage;
Negligence, abuse, misuse, vandalism, or accident;
Unauthorized Product modification;
Operation outside published specifications;
Improper electrical system design;
Improper structural or mounting design;
Failure to perform reasonable inspection or maintenance;
Connection to incompatible components;
Failure of third-party equipment;
Fire, flood, lightning, hail, extreme weather, natural disaster, or other force majeure event except to the extent expressly covered by an applicable warranty;
Failure to comply with applicable electrical, building, fire, safety, or other codes;
Installation by an unqualified person where qualified or licensed installation is required; or
Use of a Product for an application for which it was not designed or specified.

18. Personal Injury and Property Damage

Photovoltaic and electrical systems can present risks including electrical shock, fire, burns, falling objects, sharp edges, working at heights, battery hazards, and other risks.

Users and installers must follow appropriate safety procedures.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

19. Indemnification

To the extent permitted by applicable law, commercial purchasers, installers, distributors, dealers, and other business users agree to indemnify and hold harmless Lumera Solar Inc. and its directors, officers, employees, and agents from third-party claims, damages, liabilities, costs, and reasonable legal expenses arising from their:

Improper installation or use of a Product;
Unauthorized modification of a Product;
Violation of applicable laws or codes;
Misrepresentation regarding a Product;
Integration of a Product into an unsafe or non-compliant system; or
Breach of these Terms.

This provision does not require indemnification of Lumera Solar for liability that applicable law prohibits Lumera Solar from transferring to another party.

20. Technical Advice

Lumera Solar may provide general technical information as a convenience to customers, installers, distributors, or prospective purchasers.

Unless expressly provided under a separate written professional-services agreement, such information does not constitute engineering, architectural, electrical-design, structural-design, or other professional advice.

The recipient remains responsible for independently verifying Product suitability, system design, code compliance, structural adequacy, and installation requirements.

21. Intellectual Property

The Lumera Solar name, logos, Product names, website content, photographs, graphics, datasheets, drawings, documents, and other materials may be protected by copyright, trademark, or other intellectual-property rights.

You may use publicly available Product information for legitimate purposes relating to the purchase, resale, installation, or evaluation of Lumera Solar Products.

You may not reproduce, modify, misrepresent, or commercially exploit Lumera Solar intellectual property in a manner that suggests an unauthorized relationship with or endorsement by Lumera Solar.

22. Third-Party Products and Links

Our website may refer or link to third-party products, websites, installers, dealers, distributors, or services.

Lumera Solar does not control and is not responsible for third-party websites or services.

Unless expressly stated otherwise, reference to a third-party product or service does not constitute a warranty or guarantee by Lumera Solar.

23. Force Majeure

Lumera Solar will not be responsible for delay or failure to perform an obligation caused by circumstances beyond its reasonable control, including natural disasters, fires, floods, severe weather, war, civil unrest, governmental actions, tariffs or trade restrictions, transportation interruptions, labour disputes, epidemics, pandemics, utility failures, shortages of materials, supplier failures, or other comparable events.

24. Consumer Rights

Certain jurisdictions provide consumers with statutory rights that cannot be waived or limited by contract.

NOTHING IN THESE TERMS IS INTENDED TO WAIVE, EXCLUDE, OR LIMIT A CONSUMER RIGHT OR REMEDY THAT CANNOT LAWFULLY BE WAIVED, EXCLUDED, OR LIMITED.

Where a provision of these Terms conflicts with a mandatory consumer-protection law, the mandatory law will apply to the extent of the conflict.

25. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Subject to any mandatory consumer-protection rights regarding jurisdiction, the parties agree that disputes arising from these Terms or transactions with Lumera Solar will be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.

26. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be limited or modified to the minimum extent necessary, and the remaining provisions will continue in effect.

27. No Waiver

Failure by Lumera Solar to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

28. Changes to These Terms

Lumera Solar may update these Terms periodically.

Changes will become effective when the revised Terms are posted to our website, unless otherwise required by applicable law.

The Terms applicable to a Product purchase will generally be those in effect when the applicable transaction was entered into, subject to any separate written agreement.

29. Contact Information

Questions regarding these Terms may be directed to:

Lumera Solar Inc.
British Columbia, Canada
Email: info@lumerasolar.com
Website: www.lumerasolar.com

IMPORTANT PRODUCT SAFETY NOTICE

Solar modules generate electricity whenever exposed to sufficient light. Installation and servicing should be performed using appropriate electrical and workplace safety procedures.

Always consult the Product’s current installation instructions, specifications, warnings, and applicable electrical and building codes before installation.

THE PURCHASER AND INSTALLER ARE RESPONSIBLE FOR VERIFYING PRODUCT SUITABILITY, STRUCTURAL ADEQUACY, ELECTRICAL COMPATIBILITY, CODE COMPLIANCE, AND SAFE INSTALLATION.