Terms and Conditions
SALES AGREEMENT/TERMS AND CONDITIONS
"The Company" means ACE LIGHTING DIRECT LLC. any subsidiary or associated company of ACE LIGHTING DIRECT LLC
""The Customer" means the person, firm or other entity which contracts with the Company for title purchase of Goods.
""The Goods" means products of any kind manufactured or sold by the Company
"Contract" means the contract for the purchase and sale of the Goods
These Terms and Conditions apply to the sale of Goods by the Company and no variation, modification or substitution of these Terms and Conditions (even though included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
2. DESCRIPTIONS, ILLUSTRATIONS AND DIMENSIONS
The Customer shall be responsible for ensuring the accuracy of the Terms of any order submitted.
All the illustrations and information concerning dimensions, color, finish etc. are for guidance only and are subject to variation due to changes in production processes. While the Company makes every effort to ensure the accuracy of the information contained in its literature, the Company shall not be liable for the consequences of any error or omission in the descriptions, illustrations, dimensions or other information in the correspondence, catalogues and any other literature supplied by the Company. However, as our policy is one of continual improvement we reserve the right to alter specifications of any Goods without notice. All descriptions, illustrations, etc. in this brochure shall not form part of any Contract of purchase and sale
with the Company.
All prices are shown in USD. FOB shipping point and are subject to change without prior notice. (FOB shipping point the risk and responsibility of the Goods passes to the buyer at the shipping point).
4. SHIPPING COSTS
Shipments will be made by common carrier at the Customer's cost and risk. Call for standard shipping rate details. Special shipment requests such as next day air, etc. will be accommodated in the best way possible, with the Customer paying for all charges.
freight claims for damages, breakages, or shortages whether obvious or
concealed must be filed with the carrier immediately. Shortage claims must be
submitted to the Company within 7 days. The Company will not honor any claims
Shipments with a net invoice value of $1000 or more (before taxes) will be freight prepaid using the Company’s standard shipping method within the USA.
5. TAXES AND SPECIAL FEES
Any sales use or other tax that may be imposed upon the sale or use of Goods or any special fees required to complete the sale will be in addition to the quoted prices and will be paid by the Customer.
The time of payment shall be the essence of the Contract. The Customer shall make payment according to the payment Terms agreed in writing with the Company.
Delivery dates are approximate and based on Conditions at the time of acceptance of the order. The Customer shall be bound to accept the Goods when they are ready for delivery and delivery shall be deemed to take place when the Goods are delivered to the Customer at the nominated address or to a nominated carrier as the case may be. At the time the order is placed, we will do our best to ship it complete. If we are temporarily out of stock, we will automatically back order unless a written cancellation is received. If for any reason the Customer cannot accept delivery of the Goods at the time when the Goods are due and ready for delivery, the Company may either elect to store the Goods pending their actual delivery and the Customer shall be liable to the Company for the cost (including insurance) of their so doing (however, the Company shall be under no obligation to insure the Goods in storage and the risk of any loss or damage to the Goods however arising shall be borne by the Customer) or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the relevant invoice price, or charge the Customer for any shortfall below the relevant invoice price.
The Company will make every effort to deliver the Goods when indicated but shall not be liable for any loss or damage for delay in delivery or failure to deliver due to causes beyond its reasonable control. Should a delay occur, the Company may reasonably extend delivery or production schedules, or at its option cancel the order in whole or part without liability other than to return any unearned deposits or prepayments.
Title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the invoice together with any interest and or delivery charges in addition to the payment of all other outstanding sums.
Where the Goods are in the Customer's possession, the Customer shall keep them separately from all other Goods in its possession in such a way that they are immediately identifiable as the Company's property. At any time before payment in full of all sums due from the Customer to the Company, the Company may by notice in writing to the Customer, determine the Customer's right to sell the Goods and if the Customer is in possession of the Goods the Customer shall there upon return them to the Company free of charge and shall in any event cease to be in possession of them with its consent.
In placing an order the Customer irrevocably authorizes the Company to enter upon its premises for the purposes of repossessing the Goods in respect of which title has not yet passed to the Customer.
Goods will not be accepted back for credit unless written approval has been obtained. All returns must be marked with a returns authorization number and a copy of the original invoice to ensure proper credit to the Customers’ account. Only current items in original cartons and standard package quantities are subject to return.
A 30% handling charge subject to a minimum of $50.00 may be levied on all fault free Goods returned at the Customer's request.
Excluding Goods retained as above, the Company reserves the right to replace any Goods returned for credit and where no fault has been found with the Goods the Company will be entitled to levy an additional $50.00 handling charge.
The Company guarantees at its entire discretion either to replace or repair any of the Goods which within the guarantee period are shown to its satisfaction to be defective through faulty material or workmanship alone, provided that no attempt has been made by the Customer or a third party to rectify, dismantle or alter the Goods in any way and the faulty unit is returned to the Company.
The Guarantee period for any Goods is as specified in the Company's catalogue current at the time of acceptance of the Customer's order and commences on delivery of the Goods.
All Terms, Conditions, warranties, or representations whether express or implied, as to description, condition, quality or fitness for purpose of any of the Goods are hereby excluded.
So far as permitted by statute, the Company shall not be liable for loss or damage whether direct or consequential and whether suffered by or occasioned to the Customer, its employees or agents, or lo any third party.
For the avoidance of doubt, the Company does not accept responsibility for any installation costs associated with replacement of a faulty unit.
The installation of the Goods should only be carried out by a competent person in accordance with the instructions supplied with the Goods and relevant US standards. The Company will not be held responsible for failure of any Goods due to installation in an improper environment, installation not in accordance with relevant regulations, improper working practice, misuse, negligent storage, or accidental damage. All the Goods incorporating electronic components are protected against damage which may result from transient voltages on the mains supply. The level of protection incorporated is generally more than the minimum level specified in the current international standards. It is the installer's responsibility to ensure that electronic equipment is not subjected to transients or power spikes above the international immunity standards. The Company does not take responsibility for damage to any Goods caused by excessive mains transients or power spikes.
This agreement is intended by the parties as the final expression of their agreement and is intended as complete. Any subsequent modification or amendment may be made only in writing and signed by both parties.