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Terms and Conditions
FREIGHT TERMS
Freight will be prepaid and allowed by Affordable Lighting on any order totaling
$2,500 or more within the limits of the continental United States. Orders not
qualified for prepaid freight will be shipped with transportation charges
prepaid by Affordable Lighting and added to customer’s account, unless other
method is requested by the customer, provided the customer pays excess freight.
When Affordable Lighting bears the cost of shipment, we reserve the right to
ship all orders in one complete shipment. Partial shipments may be made at our
discretion. Affordable Lighting will not be responsible for storage charges
beyond the destination address acknowledged by Affordable Lighting. All
shipments will be made via carrier selected by Affordable Lighting who reserves
the right to choose origin of shipment and routing.
MERCHANDISE AND CLAIMS TERMS
Unless otherwise noted, sales of Affordable Lighting products will be F.O.B.
our premises . Title and risk of loss to all products shall pass from Affordable
Lighting to our customers upon execution of a bill of lading or tender of
freight to carrier’s agent or customer’s agent, whichever shall first occur.
When shipments of Affordable Lighting products are to be made via company truck,
title and risk of loss to the product shall pass to our customers at time of
delivery to the final destination or to the forwarding carrier. All claims for
loss or damage in transit must be made by customers to both the carrier and
Affordable Lighting within five (5) working days.
DATE OF SHIPMENT
Shipping dates are approximate and are based on conditions existing at the time
of Affordable Lighting’s receipt of customer’s firm order and full information.
Affordable Lighting will in good faith endeavor to ship by the estimated
shipping date but it shall not be responsible for any delay or any damage
arising there from.
RETURN MERCHANDISE TERMS
No
merchandise shall be returned by the customer without prior written consent and
authorization in the form of a Return Goods Authorization (RGA) which has been
issued by Affordable Lighting expressly for the merchandise to be returned. This
RGA will be issued at the sole discretion of Affordable Lighting and must be
requested by the customer within 90 days of the original shipment date. Returned
merchandise must be in its original sealed cartons. All returned merchandise
must be in salable condition in order to qualify for credit. No special
products, non-stocking products, custom-made products, outdated or modified
versions of cataloged factory stocking items may be returned by the customer.
Except for products considered by Affordable Lighting to be defective in
workmanship or materials, all returns will be subject to a minimum 35% handling
and inspection charge, and a deduction will be made for the freight expense of
the original shipment. Merchandise accepted for return must be shipped prepaid
to our facility or other destination specified by Affordable Lighting.
ORDER CANCELLATION TERMS
Affordable Lighting will accept order cancellations from customers only if the
cancellations are sent to Affordable Lighting in writing and received prior to
shipment of the order. Verbal order cancellations will not be accepted.
Cancellation charges shall be those costs incurred by Affordable Lighting, but
not less than 10% of the value of an order. All costs for warehousing and
freight on orders cancelled after shipment and/or refused at destination will be
charged to the customer. Affordable Lighting reserves the right to impose on the
customer an additional charge of 25% of the value of an order if the order is
cancelled after it has been processed for shipment.
MINIMUM ORDER CHARGE
A
service charge of $20.00 will be added to all original customer orders, which
total less than $100.00 net.
PRICING
Prices are subject to change without notice. Affordable Lighting will ship
merchandise at prices prevailing at the time of shipment. Prices are exclusive
of sales, use, excise or similar taxes unless otherwise noted.
STANDARD PACKAGE POLICY AND/OR "BROKEN CARTON"
CHARGE
Affordable Lighting will ship the order as written, but it will apply a broken
carton charge of $5.00 to each catalog number so ordered which is not in box
quantity.
SPECIFICATIONS
Affordable Lighting in no way, express or implied, accepts responsibility for
voltage determination. Affordable Lighting shall not be responsible for
quotations of prices or specifications concerning non-catalogued products unless
Affordable Lighting confirms this to the customer in writing. Catalogued items
are those listed in Affordable Lighting’s current price sheets. Dimensions of
fixtures color modifications are subject to change without notice. Unless
specifically agreed by Affordable Lighting in writing, we do not warrant
compliance of our products with individual project specifications.
ERRORS
Typographical or clerical errors in quotation orders or acknowledgments are
subject to correction.
DIMENSIONS
The dimensions in catalogs and price lists are normally accurate, but are not to
be used for construction purposes.
CHANGES IN PRODUCT DESIGN
Affordable Lighting reserves the right to change, discontinue or modify the
design and construction of any of its products and to substitute material equal
to or superior to that originally specified.
CONDITIONS OF SALE
WARRANTY AND OBLIGATIONS
THE FOLLOWING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Affordable
Lighting warrants that products sold will, upon shipment, be free of defects of
workmanship or material under normal and proper usage. Should any failure to
conform to this warranty become apparent during the warranty period (in most
cases one year after the date of shipment) Affordable Lighting must be
notified in writing. Affordable Lighting is not responsible for labor costs in
connection with the installation, removal or replacement of warranted products
or for any consequential damages. Affordable Lighting further reserves the right
to refuse to honor the above warranty for any product(s) altered, improperly
installed in application for which not intended. In no event and under no
circumstances shall Affordable Lighting be liable to the purchaser or to any
other person for any indirect, special, consequential or incidental losses or
damages including, without limitation, lost profits except to the extent that
liability for personal injury or property damage may be imposed upon Affordable
Lighting by law, As used herein, the term ”person” shall include, without
limitation, any individual. Sole proprietorship, partnership, corporation or
other entity.
This warranty does not apply to Affordable Lighting products which have been
altered or repaired outside of Affordable Lighting’s facility or which have been
subject to neglect, abuse, misuse or accident (including shipping damages).
LIMITATION OF LIABILITY
IN
NO EVENT SHALL AFFORDABLE LIGHTING BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
STRICT LIABILITY, OR IN TORT INCLUDING NEGLIGENCE) NOR FOR LOST PROFITS; NOR
SHALL THE LIABILITY OF AFFORDABLE LIGHTING FOR ANY CLAIMS OR DAMAGE ARISING OUT
OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY, USE,
MAINTENANCE, REPAIR OR MODIFICATION OF THE PRODUCTS, OR SUPPLY OF ANY
REPLACEMENT PARTS THEREFORE, EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS
LIMITATION OF LIABILITY SHALL APPLY TO ANY LIABILITY FOR DEFAULT UNDER OR IN
CONNECTION WITH THE PRODUCTS, PARTS, OR SERVICES DELIVERED HEREUNDER WHETHER
BASED ON WARRANTY, FAILURE OF OR DELAY IN DELIVERY, OR OTHERWISE.
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