Exclusive limited warranty to first non-retail buyer. LightingSpot26 expressly warrants to the first non-retail buyer of its products and no one else that the items sold hereunder to be free from manufacturing and/or material defects for a period of one year from the date of shipment to the buyer. This warranty applies only to products and/or components thereof manufactured by LightingSpot26 or by others for LightingSpot26 under license, and does not apply to products and/or components thereof designed, manufactured and/or assembled by others, for which LightingSpot26 makes no warranties whatsoever. Any warranty on such items shall be limited to the warranty provided by the manufacturer(s) and/or supplier(s) thereof to LightingSpot26.
LightingSpot26 is not responsible for any labor costs in connection with the installation, removal or replacement of warranted products or for any consequential damages. This warranty does not apply to products which have been altered, modified or repaired by anyone other than LightingSpot26, nor shall this warranty apply to defects for which written notice thereof is not received during the
one-year warranty period. There are NO WARRANTIES which extend beyond the description on the face hereof.
LightingSpot26’s pre-paid shipping policy is as follows:
$2,500 = Arizona, California, Nevada, Oregon, Washington
$3,000 = Colorado, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Texas, South Dakota, Utah, Wyoming
$4,000 = Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Indiana, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin
$5,000 = Canada, Hawaii, Alaska Subject to change without notice.
LightingSpot26 will accept TRIM-ONLY freight-allowed orders for $1,000 in the continental United States.
For drop shipment, additional charges will apply. LightingSpot26 reserves the right to choose origin of shipment, routing and method of transportation. If customer specifies alternate routing, customer must assume all additional charges. Full freight allowed applies to ground shipments only. Any air freight is paid by customer. Products which are not in stock when order is released will be shipped as soon as possible thereafter. If customer chooses for order to ship complete, customer must specify this on the order and order will be held until all back-orders are filled.
Any order shipping UPS, including UPS Ground, UPS Air, UPS Collect and UPS 3rd Party Collect, is subject to a $2.00 per box handling charge.
Any discounted price offered, is for orders shipping to customer facility only. For any drop ship orders and out of area orders the shipping charge will be charged to the customer unless specifically quoted otherwise.
LightingSpot26 is not responsible for any damage, shortage or losses on any shipment, partial or total by the courier or the consignee, or for any fees or charges associated with such occurrences. Customer by requesting to drop ship to a third- party destination agrees to pay for such shipments even in case of total loss of the shipment by the courier, trucking company or third parties. Customer has to make a claim against the courier, trucking company.
Terms and Conditions
All shipping claims, shortages and damages must be filed with and claimed to LightingSpot26 within 10 days.
Minimum order is $50.00, not including freight, or add $20 service charge.
In no event shall LightingSpot26 agree to pay any fixed amount whether identified as a penalty or as liquidated damages for failure to meet shipping schedule. LightingSpot26 shall not be liable for any detention or delay in delivery, installations or for any loss, damage or expense due to any cause beyond LightingSpot26’s reasonable control including without limitation, an act of God, act or omission of the buyer, embargo or other governmental act or authority regulation or request, fire, theft, accident, strike, slowdown, a war, riot, delay in transportation, inability to obtain necessary labor, material or manufacturing facilities.
Prices are subject to change without notice. LightingSpot26 reserves the right to adjust upwardly certain or all of its prices to reflect anticipated volatility in costs of critical raw materials and components. The buyer agrees that the title to merchandise remains in
LightingSpot26 until entire purchase has been paid. Typographical or clerical errors in quotation orders or acknowledgements are subject to correction.
Terms of Payment
Net 10th Prox. upon approved credit. A finance charge of 1.5% per month will be charged on past due accounts as well as 10% up-charge for any broken cases. Customer agrees to pay any costs incurred by LightingSpot26 in enforcing the terms of this agreement, including collection costs.
Buyer’s Exclusive Remedy
Buyer’s sole and exclusive remedy as against LightingSpot26 for breach of any provision of any agreement between LightingSpot26 and/or its representative(s) and buyer or any warranty hereunder shall be strictly limited to the repair or replacement of any nonconforming item and/or part providing that it is promptly returned to LightingSpot26’s factory, F.O.B., 2021 E. 48th St., Vernon, California 90058, within one year from the date of shipment to the buyer, with a written request by buyer that LightingSpot26 Terms and Conditions
repair and/or replace the nonconforming item and/or part. LightingSpot26 retains the sole discretion to determine whether any item or part is nonconforming and, if so, whether the item and/or part will be repaired and/or replaced. LightingSpot26’s repair and/or replacement of any nonconforming item and/or part thereof shall constitute fulfillment of all obligations to the buyer. LightingSpot26 shall not be responsible or liable for any expense, including freight charges, or repairs made outside LightingSpot26’s factory, unless expressly agreed to by LightingSpot26 in writing.
Limitation of Liability of LightingSpot26
In no event shall LightingSpot26 be liable for indirect, incidental, special and/or consequential damages of any kind arising out of or related to, directly or indirectly, any breach of any agreement between LightingSpot26 and/or representative(s) and buyer, any warranty hereunder, and/or the existence, design, manufacture, purchase, use and/or operation
of any item(s) sold hereunder even if LightingSpot26 has been advised of the possibility of any such damages.
Return Goods Authorization
No products are to be returned without prior, written authorization from LightingSpot26, including an RGA number. Buyers are not to assume settlement and LightingSpot26 will not be bound via deductions from remittance due. In addition, LightingSpot26 will not assume responsibility for claims arising from improper installation, abuse or damage to the product made during installation of the product or by the ultimate end-user. Credit notes approved by LightingSpot26 will be applied towards future purchases only. Where the buyer requests authorization to return products for reasons of his own, and issues approval for return, buyer will be billed a 30% restocking charge plus outbound freight. The return shipment is to be freight pre-paid by buyer.
The buyer shall be responsible for all outbound shipping costs on freight-allowed shipments being returned. All material must be in salable condition and of current design. No obsolete items, special sales items, or those special products built to the buyer’s specification will be accepted for return. LightingSpot26 will not
be responsible for products returned without proper authorization or identification. No returns allowed after 6 months of purchase.
Termination of Order
Any order may be terminated by the buyer only upon payment of all reasonable charges based upon expenses already incurred and commitments made by LightingSpot26. All cancelled orders must be done by fax or e-mail before shipping.
While the product dimensions listed in LightingSpot26’s literature and spec sheets are normally accurate they should not be used for construction purposes.
Image Use, Internet Advertising and Pricing Policy
All LightingSpot26 images and descriptions, pricing and etc., contained in paper, electronic and all other media are the property of LightingSpot26. Anyone wanting to use any or all of LightingSpot26 intellectual property in internet, traditional, electronic, social and all other media, MUST submit a formal request for approval to LightingSpot26 corporate, and MUST receive a written approved reply from LightingSpot26 corporate prior to any use. This
includes, but not limited to, text, email, website (direct and via 3rd parties) and all social media. All pricing shown in these traditional and alternative media shall be substantially higher than the pricing contained in this document.
Contact LightingSpot26 corporate for details, terms and conditions regarding these policies.