These terms and conditions apply in respect to the supply of architectural lighting products and other goods by us to you as set out in the associated quotation or order confirmation. These terms and conditions together with the quote and/or order confirmation, constitute the entire agreement between us, except to the extent that they are varied by mutual consent in writing.
3-Year Limited Warranty for standard product line
Seller warrants to each original Buyer of Products that Products are, at the time of invoice to the Buyer, in good working order and conform to Seller's official published specifications. Should any standard EFFECTIVE LIGHTING fixture or lighting component fail during normal use during the first three years from the original date of shipment, regardless of the date of installation or first use, EFFECTIVE LIGHTING will repair or replace the component free of charge (certain exclusions apply).
The warranty shall be excluded as follows:
<![if !supportLists]>1 <![endif]>: Any product that is not provided for inspection upon our request;
<![if !supportLists]>2 <![endif]>: All disposable, one-time use products including fuses, bulbs and lamps;
<![if !supportLists]>3 <![endif]>: Any product that has not been properly maintained;
<![if !supportLists]>4 <![endif]>: Any product that has been modified by the user or dealer, received unauthorized repair, disassembled, or any other changes to the product that created the alleged defect;
<![if !supportLists]>5 <![endif]>: Any product that has exceeded the rated capacity specified on the fixture;
<![if !supportLists]>6 <![endif]>: Any product that is used in an application for which it is not intended, such as the use of an interior fixture in an exterior location;
<![if !supportLists]>7 <![endif]>: Any product that has been improperly installed, installed in a faulty application, altered in any way or tampered with;
<![if !supportLists]>8 <![endif]>: Any product that was not used under normal operating conditions or in accordance with labels or instructions;
<![if !supportLists]>9 <![endif]>: Any product that has abrasion and/or corrosion;
<![if !supportLists]>10 <![endif]>: Any product that has been damaged by an act of God (such as lightning, flood, earthquake), or by events such as war, vandalism, theft, normal-use wear and tear, terrorism, strikes, and labor stoppages.
<![if !supportLists]>11 <![endif]>: Drivers must stay under 104°F/40°C. If installed in environments over 104°F/40°C the warranty becomes void.
<![if !supportLists]>12 <![endif]>: On stainless-steel fixtures, the heatsinks cannot come in contact with one another. If this occurs, the warranty is void.
In no event shall EFFECTIVE LIGHTING or any affiliate of EFFECTIVE LIGHTING be liable for direct, indirect, special, incidental, consequential, or multiple damages arising out of the use of the product, regardless of the legal theory on which such claim is based, for loss of profits, savings, capital, revenue, use of equipment, by reason of plant shutdown, non-operation or increased expense of operation, cost of money, for transportation, for installation or for any other economic or consequential loss or damage, whether arising under contract, tort (including negligence), strict product liability, breach of warranty, breach of contract or otherwise. EFFECTIVE LIGHTING's maximum and sole liability, and the exclusive remedy of the customer arising out of the supply or use of a product, shall not exceed the purchase order price allocable to such products which gives rise to the claim.
EFFECTIVE LIGHTING's liability to repair or replace a damaged item shall be limited to the original purchaser of the item at the original invoice price of the defective unit and dealer charge backs mandated by state law. EFFECTIVE LIGHTING will not credit Customers for freight charges or unauthorized dealer or Customers mark-up fees.
The determination of whether the Product is defective shall be made by Seller in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product.
Seller, at its sole option, "may" or "will" repair or replace products exhibiting the defective finish if it exhibits cracking, peeling, excessive fading or corrosion defects during the warranty period. During the warranty period some fading, staining or chalking may occur. This is normal aging for the finish used, is not a manufacturing defect, and is not covered by our warranty.
No agent, distributor or dealer is authorized to change, modify or extend the terms of the warranty on behalf of Seller.
With respect to products sold to the Purchaser by Seller, but not bearing the Seller name or sub-brands, Seller makes no warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose, but will make available to the Purchaser upon request, but only to the extent permitted by law and relevant contracts, the warranties of the manufacturer of the relevant product.
The warranty period is based on a burning behavior of max. 4000 hours/year. In case of more than 4000 hours/year, the warranty period will be adjusted pro-rata.
It is our policy to accept returned merchandise and issue credits subject to the following conditions:
<![if !supportLists]>• <![endif]>Defective goods will be accepted anytime during the product's warranty period and will be processed in accordance with the product's warranty.
<![if !supportLists]>• <![endif]>Returns must be approved prior to return and a Return Materials Authorization (RMA) number must be obtained by calling the Customer Service Department.
<![if !supportLists]>• <![endif]>When calling for a Return Authorization, please provide the invoice number for which the items are being returned. A Return Authorization number cannot be issued without this information. A copy of the original packing slip or invoice should be enclosed with the goods being returned, and reason for return should be indicated.
<![if !supportLists]>• <![endif]>Non-warranty returned goods will be subject to a minimum 40% restocking charge and will only be accepted up to 28 days from invoice date, in order to have enough time to process the request. If the product has not been received at our location within 30 days, the return will not be accepted, and credit will not be issued.
<![if !supportLists]>• <![endif]>All claims for shipping damage or mis-shipments must be made within 5 days from the date of shipment.
<![if !supportLists]>• <![endif]>All non-defective items being returned for credit or exchange must be in new, sellable condition and in the original packaging. Credit may be disallowed or additional restocking charges may be applied pending review.
<![if !supportLists]>• <![endif]>Non-defective custom (including custom colors), special order, and non-stock products are non- returnable.
<![if !supportLists]>• <![endif]>Goods returned to us without proper Return Authorization will be returned to the sender.
<![if !supportLists]>• <![endif]>The sender is responsible for all freight and handling charges.
<![if !supportLists]>• <![endif]>COD shipments will not be accepted.
<![if !supportLists]>• <![endif]>When making the return, the Return Authorization number should be clearly marked on the outside of the package or on the shipping label.
We will reimburse a customer for credit on returned parts that are determined defective by us. Credit is entered based on the current OEM quoted price for said part, acceptable labor charges and Dealer charge backs mandated by State law. We will not credit customers for unauthorized Dealer mark-ups or customer mark-up fees. Credit for products returned and received at our location within thirty (30) days from original shipment date may be refunded to customer via check or credit card, or credit on account. Credit will not be given for products returned and received at our location more than thirty (30) days from original shipment date. It is at our sole discretion as to how credit may be applied to a customer's account.
We will not issue credit for parts that were damaged or inappropriately handled by customer.
To preserve the claim, please securely package all parts before shipping.
In the preparation of the quotation and the products, we have relied on information supplied by the Customer. In the event such information is inaccurate, we shall not be liable for any claim resulting from such inaccurate information with respect to the products, the performance of breach of the contract, or any defects of design, material or workmanship. We are not responsible for incorrectly ordered items. Products returned due to customer's order error will receive a mandatory 40% re-stocking fee regardless of when the return process is initiated. Incorrectly ordered products are subject to the same return policy as all other products with the exception of the mandatory 40% re-stocking fee.
Labeling and Return Instructions
Labeling and Return instructions will be sent at the time of approval of the material return.
We recommend returning products by a reputable freight forwarder. To avoid voiding the warranty, use ours or equivalent packaging to return a product.
Although every precaution has been taken in the manufacturing of this fixture, we recommend that you inspect your product for defects prior to installation. A fixture should be installed and wired in accordance with the National Fire Protection Association and standards set forth by national and local electric codes, preferably by a professional electrician.
Installation locations must be free of existing cables and obstructions. Proper clearance at the rear of the fixture is essential for effective heat dissipation. Do not install the fixture where it will come in contact with flammable objects. All electrical connections must be secured. it is essential that the proper voltage, wattage, and polarity be observed in order to avoid possible injury or damage.
Drivers must be installed in locations below 80 degrees. If installed in environments over 80 degrees, the warranty became void.
In stainless product lines, the heatsinks cannot touch. If this occurs, the warranty is void. Engine/gimble contact configuration must be correct.
Handle all lamps with great care. Never touch halogen lamps with bare hands. Direct contact with your skin will damage or decrease the life of the bulb. Switches are a potential ignition source. Do not install a "selfswitch" fixture in an area requiring ignition protection unless it is clearly marked and identified as ignition protection compliant. Potential radio frequency interference (rfi) can be expected with any fixture containing electronic ballast.
If certain electronic navigation or communication equipment experience interference, discontinue the use of the light fixture. To remove smudges, fingerprints and dust, rub surfaces gently with a clean soft cloth. To eliminate accumulated salt spray, clean with soft cloth and fresh water do not use chemical cleaning agents such as window cleaners or polishing sprays on the fixture's finish. They may dissolve the clearcoat finish and tarnishing will commence. This may void the warranty. If you are uncertain about a fixture or experience difficulty, please contact EFFECTIVE LIGHTING's technical department for assistance.
EFFECTIVE LIGHTING reserves the right to review the damaged product and the site where the damage occurred. EFFECTIVE LIGHTING may require the customer to ship the product to EFFECTIVE LIGHTING for inspection. The damaged item must remain available for inspection until the claim is finalized. In the event EFFECTIVE LIGHTING requests to inspect the product, it agrees to dispatch its findings pertaining to the alleged defective product within 45 days of receiving the product. Whenever claims are settled, EFFECTIVE LIGHTING reserves the right to be subrogated under any existing insurance policies the consumer may have.
The Customer prepays all inbound and outbound freight charges for out-of-warranty repairs and no-troublefound (NTF) products. EFFECTIVE LIGHTING is not responsible for damage during shipment.
EFFECTIVE LIGHTING will pay for surface/ground return freight only for warranty repairs. Overnight or other special requirements for expedited shipment will be at the Customer's expense. EFFECTIVE LIGHTING is not responsible for inbound shipment charges.
Special prepayment arrangements may be made if drop-shipment to third parties or end user(s) is necessary.
If the Customer's returns / repair shipment to EFFECTIVE LIGHTING is received in damaged condition, EFFECTIVE LIGHTING will notify the customer. The Customer will need to notify the carrier immediately to initiate a claims inspection. EFFECTIVE LIGHTING will provide assistance, as necessary, to process the freight claim.
This Warranty contains the sole warranty of EFFECTIVE LIGHTING with respect to the product and is given in lieu of all other warranties. There are no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose and any implied warranties that cannot be waived and/or excluded are hereby limited in duration to the terms of this Warranty.
No action may be commenced to enforce this contract or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on warranty, contract, negligence, or strict products liability, unless such action is brought within twelve (12) months after accrual of such cause of action.
Customer shall defend, indemnify and hold harmless EFFECTIVE LIGHTING and its agents from any claims, damages or expenses including attorneys fees, arising or alleged to arise from any asserted deficiencies or defects in the products caused by any alteration thereof with or without EFFECTIVE LIGHTING 's consent made by the Customer, the improper handling, storage or installation by the Customer.
If EFFECTIVE LIGHTING makes a product to Customer's specifications, or if EFFECTIVE LIGHTING's product has been modified or altered in any way by any party other than EFFECTIVE LIGHTING after shipment, or if any party other than EFFECTIVE LIGHTING has misused, misapplied, damaged or been guilty of negligence in relation to a product, customer agrees to hold EFFECTIVE LIGHTING harmless and indemnify it against any loss, cost, damage or liability paid or incurred by EFFECTIVE LIGHTING: (a) from any and all third party claims; or (b) resulting form any recall, inspection, testing replacement, or corrosion of any product; or (c) resulting from the violation of any law, regulation, rule, order, or restriction of any governmental authority resulting from or incident to the sale of a product to the customer; or (d) resulting from any actual or allege infringement of any patent, copyright or similar common or civil law right of third party resulting from sales of a product to customer; and any costs of defense, attorney's fees, inspector's fees and/or costs of testing incident to any of the foregoing.
If the customer receives the original product in damaged condition, or if any items are missing, EFFECTIVE
LIGHTING must be notified within five (5) business days from delivery. If shipment was billed to EFFECTIVE LIGHTING, customer agrees to provide EFFECTIVE LIGHTING with any requested documentation, photographs, etc. to expedite any damaged shipment claims initiated by EFFECTIVE LIGHTING. Notifications of damage after five (5) business days from date of shipment receipt will not be honored.
If the original freight charges were paid in advance by freight collect or other means, notify the carrier immediately to initiate a claims inspection. EFFECTIVE LIGHTING will provide assistance, as necessary, to process the freight claim.
Any quotation by EFFECTIVE LIGHTING will be held open for acceptance for a period of thirty (30) days from the date of the quotation unless EFFECTIVE LIGHTING withdraw it earlier; however, EFFECTIVE LIGHTING reserves the right to correct clerical and typographical errors, including price and quantity numbers, within fifteen (15) days after acceptance of an order based on the quotation.
An order is subject to the EFFECTIVE LIGHTING's terms and conditions. Terms stated by the customer in any other communication, prior or subsequent hereto, shall NOT be binding on EFFECTIVE LIGHTING if different from or in addition to any of the provisions hereof or the quotation, unless expressly agreed to in writing by EFFECTIVE LIGHTING. Acceptance by the customer of an order, orally or in writing, or of any goods provided hereunder or payment therefore, shall constitute acceptance of these terms and conditions. Prices, Taxes and Payment
Payment is due in advance at 100% on or before date of order confirmation. No other payment terms are available; i.e. Net 30 terms. Accepted payment methods include check (for US entities only) and wire transfer. Credit card payments are not accepted.
Prices will be those in effect on order date. The customer will pay the price for the products set out in the Quote unless 1.) Changes to the specification of the products increase the cost to EFFECTIVE LIGHTING in providing them or 2.) The cost to EFFECTIVE LIGHTING in providing the products increases above 5%, in which cases EFFECTIVE LIGHTING has the right to increase the price proportionately.
The amount of any present or future duties, taxes or other charges imposed on any transaction between Customer and EFFECTIVE LIGHTING shall be added to the prices quoted or invoiced and shall be paid by the customer, except those already charged on the face hereof. In cases of sales tax exemption, Customer shall provide EFFECTIVE LIGHTING with a tax exemption certificate acceptable to the authorities imposing the same. Customer agrees to pay for products and any shipping or other charges in full on the terms set forth in EFFECTIVE LIGHTING 's invoice or other documents. In addition to all other remedies, under applicable law, EFFECTIVE LIGHTING, in the event of Customer's default to fulfill the payment, or if it has any doubt at any time as to the customer's financial responsibility, may either decline to make further deliveries except upon receipt of cash or other satisfactory security, or may terminate the entire agreement. The Customer shall reimburse EFFECTIVE LIGHTING for all costs of collection incurred in collecting any past due sums, including, without limitation, attorney's fees. Title in any products supplied by EFFECTIVE LIGHTING to the Customer shall not pass to the Customer until EFFECTIVE LIGHTING has received all sums due. EFFECTIVE LIGHTING reserves the right to enter the Customer premises to recover any products supplied if payment is not made on the due date.
For all Effective Lighting brand orders- hold for release orders and orders placed on shipping or production hold are not accepted.
Warranty on our products begins on shipment date, once they leave our warehouse
Client agrees to receive products when available and agrees to provide required payment and shipping information for delivery. Should situations arise that delay the clients ability to receive products as of the agreed upon date, EFFECTIVE LIGHTING shall have the right to charge holding/storage fees at a rate of 5% of the balance due per month or partial month
Unless different terms are stated by EFFECTIVE LIGHTING, all prices are FOB (Free On Board) EFFECTIVE LIGHTING's facility. Method and route of shipment will be at EFFECTIVE LIGHTING's discretion unless the customer supplies instructions otherwise. EFFECTIVE LIGHTING reserves the right to make delivery in installments, and all installments invoiced shall be paid for when due per invoice, without regard to the date of subsequent deliveries. The customer shall therefore accept partial delivery of any order and any defect related to said partial delivery or failure to make any subsequent partial delivery shall be severable and not constitute a breach of the entire agreement.
<![if !vml]><![endif]>Risk of loss or damage to the Products shall pass according to the applicable shipping term.
All claims for loss, damage or delay against the carrier must be made by the customer.
The Customer will be deemed to have inspected and accepted the Goods five (5) days after the actual delivery date. The Customer's right to reject the products deemed non-conforming will be lost five (5) days after the actual delivery date or if the Customer alters, damages or uses the products in any manner inconsistent with the rights of EFFECTIVE LIGHTING. If the Customer chooses to reject the Goods within five (5) days after of the actual delivery date, it must notify EFFECTIVE LIGHTING immediately by fax or in writing and EFFECTIVE LIGHTING will have the right to repair or replace the products within a reasonable time. The notification shall identify each alleged non-conforming of the products and describe that portion of the shipment being rejected. If the Customer shall fail to give such notice the products shall be deemed to conform to the terms hereof in all respects and the customer shall be bound to accept and pay for the products in accordance with these terms.
Except in respect of death or personal injury EFFECTIVE LIGHTING's entire liability in respect to the agreement between EFFECTIVE LIGHTING and the customer shall not exceed the amount of the product price payable by the customer under the terms of the Contract. In such cases, EFFECTIVE LIGHTING shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of the agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of the Contract, which arise out of or in connection with the provision of the Goods by EFFECTIVE LIGHTING to the Customer.
EFFECTIVE LIGHTING shall attempt to make deliveries in accordance with its quotation or production order, but if for any reason EFFECTIVE LIGHTING fails to make such deliveries or to make them within the time stated, or cancels any order, EFFECTIVE LIGHTING shall not be liable for any loss or damage resulting from any such failure or delay in delivery, or from any such cancellation or for loss of use or loss of profits, or for any other consequential, incidental or special damages on account of delay in delivery.
Any standard product order accepted by EFFECTIVE LIGHTING may be cancelled by the Customer within 48 hours with written approval of EFFECTIVE LIGHTING. Any cancellations made to a standard product order after 48 hours will incur a 25% cancellation fee. Any cancellations made after five (5) business days will incur a 40% cancellation fee. Payment for the cancellation fee must be received in order to process the cancellation request.
Order cancellations after shipment and returns for non-warranty issues are not accepted. Non-Standard product orders, such as custom or special orders specifically designed and/or manufactured for the Customer are not cancelable.
Any purchase order issued in response to this offer to sell is considered to be Customer's acceptance of these Terms and Conditions of Sale. EFFECTIVE LIGHTING hereby objects to any additional, different or conflicting terms or conditions set forth in Customer's purchase order. No terms or conditions of Customer's purchase order shall be effective unless expressly accepted by EFFECTIVE LIGHTING in writing.
EFFECTIVE LIGHTING shall not be in default nor liable for any expense, loss or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labour disputes, floods, fire, drought, or any other casualty, transportation delays, inability to obtain materials, manufacturing equipment breakdown, war, riot, insurrection, acts of God, restrictions or interference by any government or governmental agency, strike, labour action, or any similar cause.
If no delivery date is part of this agreement, then delivery shall be subject to reasonable production scheduling by EFFECTIVE LIGHTING.
All tangible and intangible property and the like, including without limitation, ideas, strategies, trade secrets, patents, trademarks, service marks, mold dyes, copyrights, inventions, documentation, computer programs, improvements, enhancements, developments, formulations, know-how, processes, methods, concepts, results, discoveries, designs, patterns, devices, diagrams, processes, charts, drawings, data, specifications and like information, (collectively, 'Project Intellectual Property') conceived of, developed, and/or first reduced to practice in the performance of the EFFECTIVE LIGHTING's obligations under the Purchase Order, and including the specifications of all Products, will be exclusive property of the EFFECTIVE LIGHTING, regardless of the time and place performed and whether arising by the EFFECTIVE LIGHTING 's own deed or from the collaboration with others. Customer hereby assigns all rights, title and interests in and to all Project Intellectual Property to EFFECTIVE LIGHTING.
All work performed by the EFFECTIVE LIGHTING under the Purchase Order including but not limited to all tools, dies, patterns, etc. ('Production Assets') will be at all times the property of EFFECTIVE LIGHTING
All work performed by EFFECTIVE LIGHTING under the Associated Purchase Order is to be Best Efforts.
Any contract shall be governed by the laws of the State of Florida in the United States of America, notwithstanding any state's choice of law rules to the contrary. The Customer consents and agrees that any action brought to enforce this contract, or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on warranty, contract, negligence, or strict products liability, shall be brought solely in a state or federal court sitting in the State of Florida, and the Customer consents and submits to the jurisdiction of such court.