Ownership
The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The Copyright for the content of this Website is owned by USLIGHTINGPRODUCTS.COM or others. All trademarks are the property of their respective owners. Some images are courtesy of manufacturers. All other rights are reserved. Any unauthorized use of this Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY:
By accessing or otherwise using this Web site ("Web site "), you agree to be bound by these terms and conditions of use. USLIGHTINGPRODUCTS.COM may change these terms and conditions of use at any time, without prior notice. By using this site, you are accepting its Terms and Conditions. We recommend that you periodically check them.
TERMS AND CONDITIONS OF SALE THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE EXPRESSLY CONTAINED HEREIN, WITHOUT EXCEPTION.
By accepting delivery of the products and services purchased through this website and described in USLIGHTINGPRODUCTS.COM's invoice or other documentation, you agree to be bound by and accept the Terms and Conditions of Sale. These terms and conditions of sale constitute a binding contract between Customer and USLIGHTINGPRODUCTS.COM. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on USLIGHTINGPRODUCTS.COM's Website. These terms and conditions of sale constitute the entire agreement between Customer and USLIGHTINGPRODUCTS.COM relating to the terms and conditions of sale of products and services on this Site. Customer may issue a purchase order for its own administrative purposes only. Any different Terms and Conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of sale contained herein and in USLIGHTINGPRODUCTS.COM's invoice or other documentation will control.
Governing Law
These terms and conditions of sale and any sale hereunder will be governed by the laws of the State of New Jersey without regard to conflicts of Laws Rules. Any arbitration, enforcement of an arbitration or litigation will be brought in Newark, New Jersey and Customer consents to the jurisdiction of the Federal and State Courts located in New Jersey. Customer submits to the jurisdiction thereof and waives the right to change of venue. Customer further consents to the exercise of personal jurisdiction by any such Court with respect to any such proceeding.
Title; Risk of Loss
Title to products and risk of loss or damage during shipment passes from USLIGHTINGPRODUCTS.COM to Customer upon shipment from USLIGHTINGPRODUCTS.COM's facility, or shipment from any product manufacturer's facility if the product is drop shipped directly from manufacturer to Customer. USLIGHTINGPRODUCTS.COM retains a security interest in any shipped products until payment in full is received. Customer remains responsible for all shipping and related charges. Title to software will remain with the applicable licensor(s).
Warranties
Customer understands that USLIGHTINGPRODUCTS.COM is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not USLIGHTINGPRODUCTS.COM. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by USLIGHTINGPRODUCTS.COM.
Pricing Information, Availability Disclaimer
All pricing is subject to change. USLIGHTINGPRODUCTS.COM reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, USLIGHTINGPRODUCTS.COM cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
USLIGHTINGPRODUCTS.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. USLIGHTINGPRODUCTS.COCM WILL NOT BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY USLIGHTINGPRODUCTS.COM, USLIGHTINGPRODUCTS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
USLIGHTINGPRODUCTS.COM will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, vandalism, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, USLIGHTINGPRODUCTS.COM, and their affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases USLIGHTINGPRODUCTS.COM and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or USLIGHTINGPRODUCTS.COM's advertising and marketing (collectively, a Claim) WILL BE RESOLVED, UPON THE ELECTION OF USLIGHTINGPRODUCTS.COM, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither USLIGHTINGPRODUCTS.COM nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ? 1-16). Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to USLIGHTINGPRODUCTS.COM arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders, Payment Terms and Taxes
Orders are not binding upon USLIGHTINGPRODUCTS.COM until accepted by USLIGHTINGPRODUCTS.COM. Terms of payment are within USLIGHTINGPRODUCTS.COM's sole discretion. USLIGHTINGPRODUCTS.COM may ship and invoice parts of an order separately. Customer is responsible for, and will indemnify and hold USLIGHTINGPRODUCTS.COM harmless from any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is purchased. In the event of a payment default, Customer will be responsible for all of USLIGHTINGPRODUCTS.COM's costs of collection, including court costs, filing fees and attorney's fees.
Damaged Products
If Customer receives damaged products refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify USLIGHTINGPRODUCTS.COM immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify the USLIGHTINGPRODUCTS.COM Customer Service Center of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for USLIGHTINGPRODUCTS.COM to file a damage claim.
Return Policy
Please return all products 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RGA approval is contingent upon, among other things, the products being 100% complete. All products accepted for return are subject to inspection and approval by USLIGHTINGPRODUCTS.COM prior to credit being issued. Failure to return a product within the applicable return period will be deemed to be an acceptance of the product. Returns of new, unused and non custom products must be received within 15 days of the date of Customer's receipt of the product. Returns are at the discretion of USLIGHTINGPRODUCTS.COM. A 20% restocking fee will apply to non-defective merchandise that is returned to cover the costs of handling, unpacking, inspecting and repackaging. An RGA # (Return Goods Authorization) must be obtained from USLIGHTINGPRODUCTS.COM'S customer service center in advance of any return shipment and must be identified on the return shipping carton.
The following information must be provided prior to an RGA # being issued: order number, invoice number under which the merchandise was originally purchased, reason for return, action to take (replacement / repair / return / credit) and whether the box has been opened or is manufacturer sealed.
- Returned Goods authorized credit will be issued only for the amount of the merchandise returned.
- Customer is responsible for all freight charges, including the return.
- Products NOT authorized for return will be considered and defined as unauthorized goods. Any unauthorized goods received by USLIGHTINGPRODUCTS.COM will, at USLIGHTINGPRODUCTS.COM's discretion, be returned to the Customer at the Custome's expense, or processed for credit less 20%, or be issued no credit at all. USLIGHTINGPRODUCTS.COM will not be liable for any loss or damage to unauthorized returns unauthorized goods.
- Copy of the original packing slip must accompany all authorized returns.
- Customer is responsible for shipping charges to USLIGHTINGPRODUCTS.COM's distribution center for all products being shipped for return, exchange or replacement. Products replaced will be shipped by USLIGHTINGPRODUCTS.COM to Customer, at USLIGHTINGPRODUCTS.COM's expense, using the same shipping method as was used by Customer to ship the original products back to USLIGHTINGPRODUCTS.COM. Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express.
Damaged Products
If Customer receives damaged products refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify USLIGHTINGPRODUCTS.COM immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify the USLIGHTINGPRODUCTS.COM Customer Service Center of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for USLIGHTINGPRODUCTS.COM to file a damage claim. |