Prices and Payment
- All purchases shall be paid in full prior to shipment, including quoted shipping costs, unless buyer has arranged for and paid for shipping directly with a freight carrier. Seller’s prices do not include taxes, and accordingly, Buyer shall pay all present or future sales, use, excise or other similar taxes applicable to the sale or transportation of the products.
Orders and Shipment
- All orders are subject to approval and final acceptance by Seller.
- Delivery is to be F.O.B. Seller’s warehouse. Risk of loss passes to Buyer when Seller’s products are delivered to the carrier at the shipping point.
- Buyer will inspect delivery for visible freight damage and notify the carrier upon receipt. Buyer will inspect the products within a reasonable time after receipt thereof and if Buyer fails to notify Seller within thirty days after receipt that the products are defective in any respect, buyer will have waived any rights or claims against Seller.
Limited Warranty
All products manufactured by Seller are warranted to be free from all defects in material and workmanship and to conform to Seller’s applicable printed specifications or descriptive literature in effect at the date of shipment.
Disclaimer of Further Warranties
EXCEPT AS SET FORTH ABOVE, THERE IS NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), CONCERNING THE PRODUCTS AND NONE SHALL BE IMPLIED BY LAW.
Limitations of Buyers Remedies
- Seller’s liability under this warranty is limited to the repair or replacement of products proven defective within 30 days of shipment. To qualify for coverage, the following conditions must be met:
- Proper Handling: Products must not have been damaged during shipping, assembly, installation, or use.
- Compliance: Products must have been handled, stored, and installed according to Seller’s provided literature and standard industry safety practices.
- Prompt Notification: Buyer must notify Seller immediately upon discovering any alleged defect in material or workmanship.
- Resolution Process: If a valid warranty claim is established, Seller’s priority is to resolve the issue with minimal downtime. Seller will make every effort to provide the necessary replacement components (such as circuit boards, LEDs, cables, or power supplies) to repair the unit on-site. A return of the entire product will only be required if a component-level repair is not feasible or sufficient. If it is necessary to return a defective product, Buyer shall be responsible for all shipping costs associated with transporting the defective products to the location designated by the Seller. Buyer shall permit Seller or its agents to inspect the alleged defect at such location as Seller shall determine.
- Any product replaced by Seller shall become the property of Seller and shall be returned to Seller F.O.B. city of shipment by Buyer.
- Seller’s Liability for damages to Buyer for any cause whatsoever, regardless of the form of action, shall in no event exceed the price of the specific product(s) which caused the damages. Seller shall not be liable, and Buyer waives all claims against Seller, for incidental or consequential damages based upon negligence, breach of warranty, strict liability in tort or any other causes of action. Seller shall not be liable to Buyer for any loss, damage or injury to persons or property resulting from Buyer’s transportation, handling, storage, installation or usage of products.
Force Majeure
Seller will not be liable for non-performance or delay in performance due wholly or partly to any cause beyond its control or not avoidable to reasonable diligence. Upon the occurrence of any such contingency, Seller may suspend its performance for as long as the effects of such contingency impair its ability to accidents; inability to obtain fuel, power, labor, materials or transportation necessary to produce the products without litigation or the payment of penalties or un-reasonable prices, or the acceptance of unreasonable terms and conditions; acts of God or Belligerent powers; wars sabotage; explosion; riots; civil unrest; fire; floods; lightning or storms.
Miscellaneous
- Any order accepted by Seller shall not be assignable by Buyer, in whole or in part, without Seller’s written consent.
- There shall be no waiver or modification of any of the provisions of this contract unless in writing signed by a duly appointed agent of Seller.
- Invalidity of one or more of the terms and conditions herein shall not render invalid any of the rest of terms and conditions.
- All notices must be in writing and mailed or delivered to Seller at its home office.