Terms and Conditions:
The following terms and conditions apply to any and all orders placed by Buyer for any of the products sold by American Lighting Company.
Sales of any of Seller products(seller refers to American Lighting company) to
Buyer is subject to the Terms and conditions of this Agreement. Buyer acknowledges and agrees that the Terms and conditions stated here govern the sales of Seller products. Any objection by Buyer to the terms and conditions offered here are not recognized unless there is an agreement between Seller and Buyer in writing that specifies other allowable terms and conditions. This agreement must be in place prior to any shipment or acceptance of any orders from the the buyer to the seller. If no other contract is agreed upon in writing then the terms and conditions of this agreement will be accepted by the buyer.
This Agreement shall be governed by the laws of New Jersey as if made and performed entirely within the State of NJ. UCC provisions also governed as such.
Sales Quotations for any of our products for any projects are valid only for 60 days from the date of the Quote unless otherwise agreed in writing. All Sales orders may not be cancelled or moidifed in whole or in part without American Lighting Company agreement in writing. For orders that are allowed to be either canceled or modified then appropriate cancellation fees and modification fees may be imposed. Orders placed will be reviewed for pricing and accuracy and referenced by the Quotation All Quotes will be the basis for any pricing discrepancies should Buyers PO or other not be correct, then the Quote will be what is used for pricing . All pricing is based on US dollars. Transportation, insurance and other taxes including , but not limited to Excise, other taxes, duties or any other fees that may be imposed by some other jurisdiction. Any and all taxes are to be paid by buyer, unless Tax exempt information is properly presented, ie: Tax Exempt Certificates. Buyer indemnifies Seller from any responsibility for any taxes not paid to any local or national authority that has jurisdiction over such. Any amounts paid by Seller on Buyers behalf will be the responsibility of the Buyer and reimbursable to the Seller. Any pricing that is not correct is subject to correction from Seller.
All payments are to be made in US dollars. Payment is required upon receiving order for products, unless some other arrangement in writing has been agreed to with Seller with another payment arrangement. Buyer may apply for credit terms from Seller and in such case then payment will be for 30 Net Terms no discounts allowed from date of Shipment of goods. Buyer agrees to accept partial shipments with 30 day terms for each shipment. At no time will any special orders or custom products be accepted for cancellation and will require a 30% upfront deposit. Any custom drawings require a $250.00 deposit which will be credited when the order is received or will be kept if no order is received. All drawings regardless are the property of American Lighting Company and can not be used for or by any other mfg or supplier or owner of the said project or any other future or existing project. If in the event that Buyer files any type of Bankruptcy then any deposits or payments made to Seller then become the property of the seller and are not recoverable by any court.
Seller will ship FOB from its manufacturing facilities or any other designated location that Seller uses to any location designated by the Buyer. Buyer is responsible for all shipping costs, duties , taxes. If Buyer requests insurance for their order then such must be stated and the cost to be covered by the Buyer. Seller has the right to ship freight collect. Buyer has the right to use their shipping carrier if such is designated at time of sale. Any special shipping direction from the Buyer that bring additional cost to the shipment will be the rpesonbility of the Buyer. Shipments are to one location if multiple locations are requested then cost associated with such is the repsosnbility of the Buyer. Buyer must inspect all; shipments and report damages immediately to the carrier by noting on the Carrier BOL or reported to the Carrier within 24-48 hours for any credit or claim, this applies to visible shipping damage or concealed damages.
Seller will make all reasonable efforts to ship goods on a timely basis ( per the lead times quoted). But Seller is not responsible for any delays or failure to perform or for any liability from any contractors , installers , owners or such.Seller will make every best effort to ship per the lead times quoted, but Buyer must realize that delays cuased that are out of the control of the Seller could impact ship lead times. Seller will do its best to keep Buyer informed of such. Sellers performance includes fabrication activities, shipping activities, testing and warranty repairs. Buyer agrees that any delays in causing failure to deliver beyond 6 months from the original delivery time shall not be grounds for buyer to terminate or refuse to comply with the said terms and conditions of the sale. Penalties are not accepted by Seller of any Type. All products shipped and delivered hereunder this agreement will be deemed accepted by Buyer as conforming to this agreement.
If an order has an overshipment or there is a shortage then this must be reported to the seller within 30 days of receipt otherwise no adjustments will be considered.
No return will be accepted without the proper authorizition as granted from Seller. All returns must be in their original packaging and are subject to instpeciton by the Seller and are considered not accepted until such inspection has been conducted and said return(s) are found to be fully intact with all parts ,etc. Seller will not accept any used merchandise back. Seller is not responsible for any freight charges for incoming or outgoing costs. Buyer must insure all returns with the freight carrier and provide tracking information for Seller. Customer accepts responsibility for filing any damage claims or other with carrier for all returns. No Custom or modified product will be accepted for return under any circumstance.
Termination and Default:
Buyer shall be deemed in material default under this agreement if Buyer fails to pay any amounts when due here under, cancels or attempts to cancel this agreement prior to delivery or otherwise fails to perform any of its obligations here under or fails to pay the Seller any sums due under this agreement or otherwise. In the event of a material default by the buyer. Seller may suspend its performance, withhold shipments in whole or part, terminate this agreement, declare all sums owing to Seller immediately due and payable, recall any products in transit, retake same and repossess any products held by Seller on Buyers account. Buyer agrees that all products so recalled or shipped back to Seller shall be property of the Seller. Any exercise of the foregoing remedies by Seller shall not preclude exercise of any others, and neither the existence nor exercise of such remedies shall be construed as limiting, in any manner, any rights or remedies available to Seller under the Uniform Commercial Code or other laws. In addition, if the invoice is not paid on time per the terms of the sale, or the customer takes any non approved deductions for any reason then American Lighting will no longer Warranty or service or take any responsibility or provide any future parts or support for these products as well as void any sums owed from seller to buyer.
WARRANTY: American Lighting will repair or at our option replace FOB its factory any product sold which is determined by the manufacturer to be defective in material or workmanship, provided such claim is made within one year of shipment. Such replacement of defective products on the above basis is the limit of the manufacturer’s responsibility and no other claims can be allowed. Equipment including without limitation ballasts, power supplies and lamps furnished as components in the company’s products carries only the warranty of the manufacturer thereof, if any. American sells same as is. These types of components if defective under warranty should be delivered by the customer to the designated manufacturer as directed by that manufacturer. Under no circumstance and without limitation shall the company be liable for any indirect or special circumstances or damages of the customer, such as, but certainly not limited to loss of any anticipated profits, or other monetary loss in connection with or coming from the use, sale or delivery or non delivery of American Lighting’s products that are sold pursuant to the standard terms and conditions of the sale and also invoiced to the customer. Any products purchased that are for government contracts or subcontracts. No government requirements or regulations shall be binding upon the seller unless a specific agreement by Seller stating otherwise is obtained in writing. Any product found to be altered, modified in anyway from the original design without the approval of American Lighting will null and void any and all warranty associated with the product. Products not handled properly, stored, wired, transported and not maintained in accordance with the applicable specifications will also void any and all warranty. Damage from acts of God, from abuse, misuse, abnormal use, improper power supply, power surges or fluctuations shall also cause the warranty to be null and void. Default/ Termination: The buyer may terminate this agreement if Seller materially defaults in the performance of its obligations here under and fails to cure such default within 60 days after written notice thereof from buyer. Such termination shall be buyer’s sole remedy in the event of default by seller. Buyer is deemed to be in material default under this agreement if buyer fails to pay any amounts when due here under, cancels or attempts to cancel this agreement prior to delivery or refuses delivery or otherwise fails to pay seller any sums due under any other agreement or otherwise. In the event of material default by the buyer, the seller may upon written notice to buyer suspend its performance and withhold shipments in whole or part. Terminate this agreement and declare all sums owing to seller immediately due and payable and/ or recall any products in transit, retake same and repossess any products held by seller for buyers account, without the necessity of any further proceedings. Buyer agrees that all products recalled, taken or repossessed shall be property of the seller, provided the buyer is given credit therefore. Sellers aggregate liability in damages or otherwise shall not exceed the amount, if any received by Seller here under. In no event shall seller be liable for incidental, consequential or special loss or any damages of any type, however caused, or any punitive exemplary damages, no action regardless of form, arising out of or in any way connected to this agreement , products, services furnished by seller may be brought by buyer more then 1 year after cause of action accrued. In the event of any default payment of purchase price on any purchase order , buyer agrees to pay Sellers Expenses including reasonable legal fees and expenses incurred by Seller in enforcing payment thereof, including all expenses that are incurred with any judicial or arbitration proceedings of any sort. The invalidity or unenforceability in whole or part of any provision herein shall not affect the validity or enforceability of any of the provisions of this agreement. Failure of either party to exercise any right, power, privilege or remedy herein shall not constitute a waiver thereof.
American Lighting LED Limited Warranty American Lighting warrants to the original purchaser for product that has been delivered to be free from defects in material and workmanship for up to 5 years from date of shipment. Electronics warranty is that stated by the said manufacturer supplied in the product. All other standard warranty terms apply as set forth in our warranty. American Lighting will repair, or at our option replace the defective product within the standard warranty period. If for any reason the product was not handled properly, installed properly or was maintained inappropriately then the warranty is not valid. Any defects from acts beyond normal operation, ie; acts of God, or vandalism of any type are also not covered. Any defect must be reported within 30 days of the occurrence. This warranty excludes field labor charges or service charges related to the repair or replacement of any of the parts, or the fixture itself. We reserve the right to change the company’s warranty period without any prior notice and without any obligation and disclaim all warranties not stated in this limited warranty.
Seller Liability shall in no event exceed the amount if any received by the Seller hereunder this agreement. Seller will not be responsible for any incidental, or any type of special losses or damages of any kind punitive or other. No action regardless of type or form shall be brought by seller that is any way connected with this agreement more then 1 year after services were furnished by Seller.
This is the entire agreement and constitutes the entire agreemtn and supersedes all prior agreements, proposals or other written or otherwise relating to any of the products purchased. Any representation or warranty course of trade or dealing with trade usage not expressly contained or referenced herein shall not be binding on the Seller. In the event of default in payment for the said products ordered buyer agrees to pay all Sellers expenses, including reasonable attorney and / or collection fees and such incurred by Seller in enforcing payment. This is not limited to only these fees, fees such as arbitration or or legal proceedings are also the responsibility of the buyer. Any disputes arising out of the purchase price for any products will be settled in the State of NJ County of Bergen. And shall be settled by arbitration and such arbitration shall be binding and any award rendered may be entered in any court having jurisdiction.
No assignment or transferring of any rights or claims under this agreement without the consent of the seller.
Any of Sellers products that are purchased for government projects or with government contracts shall not have any regulations binding on Seller unless agreed in writing before said sale.