GENERAL: Acceptance / General Terms: These terms and conditions of sales shall apply to all sales of products by 1st Source Lighting. Unless otherwise specifically agreed in writing, any different or additional terms and or conditions proposed by any customer in a purchase order are hereby REJECTED by 1st Source Lighting. Customer assent to these Terms and Conditions shall be conclusively presumed as accepted from customer’s ordering products from 1st Source Lighting.
PURCHASE ORDERS: All purchase orders must be emailed, faxed or sent directly to 1st Source Lighting from the entity, which will be liable for the payment of all invoicing for the order. Verbal orders or orders coming through a third party will not be accepted without a copy of the original purchase order.
TERMS: Terms of payment: Net 30 based on credit approval. Other terms must be negotiated and approved by 1st Source prior to ordering. The invoice date on the 1st Source Lighting invoice will be the final determination of the invoice due date.
CANCELLATION, RETURNS OR SUSPENSION OF ORDERS: Cancellation or suspension of orders will be accepted by the Seller only upon terms that indemnify the Seller for liabilities and expenses incurred, and for commitments made by Seller which will provide for profit on work in process, and for the contract value of goods completed and ready for shipment. Returns as the result of Buyer error are subject to a thirty percent (40%) restocking charge and must be returned within 30 days of shipping date. Postponement of deliveries at Buyer’s request, if for a period of more than 20 days, will not be made without Seller’s approval first being obtained. Seller has the option of either replacing defective goods or crediting Buyer for the purchase price of such goods. Seller will not accept the return of any goods without its prior written consent, and Buyer must request return authorization within thirty days of the invoice date.
TAXES: All prices, quotations, orders and agreements are subject to all Federal, State, and Local taxes. These taxes will be added to the invoice unless legal proof of exemption is provided. 1st Source Lighting reserves the right to invoice separately for the taxes should it be necessary to make payment where they were not included at the time of invoicing.
COST OF COLLECTION: If buyer defaults with respect to any payment described here and above, it shall pay Seller for all costs and expenses, including legal expenses and attorney fees, incurred by Seller in exercising any of its rights or remedies plus a 25% penalty collection fee.
CHANGES TO PRODUCT DESIGN: 1st Source Lighting reserves the right to change the design and construction of any product due to changing component supply conditions without notice.
PRICING: Prices can change without notice. In the event of price increases, all orders on hand will be filled at the lower prices provided such orders are released for shipping prior to the price increase. If the orders are not released for shipment prior to the price increase, the orders will be billed at prices in effect at the time of shipment. Special quoted orders, which cannot be released for shipping prior to the price increase, may be subject to an increase in price. Minimum billing is $50.00 net. Orders for parts totaling less than $50.00 will be billed a $50.00 lump sum.
WARRANTY: 1st Source Lighting warrants all equipment to be free from defect in manufacturing, under normal and proper storage, installation, and use, for a period of five *(5) years. Our warranty liability extends only to the repair or replacement of the defective part and no labor charges for correction of the defect by repair or replacement will be honored by 1st Source Lighting unless prior written authority has been granted by our Customer Service Department. LED Module and Power Supply/Fluorescent Lamp and Ballast Warranty: Ballasts and lamps are those of recognized, responsible manufacturers. Orders calling for specified brand name or type ballast will be handled on a quotation basis only. Claims for defective ballasts or lamps found to be in warranty should be made directly to the lamp and ballast manufacturer through their local ballast service center or their field representative in order to expedite replacement. Labor charges for replacement of defective lamp and/or ballast will not be accepted by 1st Source Lighting, but must be authorized by the lamp or ballast manufacturer. Copies or online links for each manufacturer’s standard ballast replacement program are available upon request. * Due to varied conditions regarding use of chlorine, chemicals and ventilation in pool environments, 1st Source Lighting Vaportite Pool fixtures are warrantied for 1 year.
SECURITY INTEREST: 1st Source Lighting shall retain a security interest in all goods sold until the full amount of the purchase price (including any service charge and freight) has been paid by the customer. In the event the customer shall default in payment, 1st Source Lighting (or our assignee) has the right, in addition, to and not exclusive of any other rights it may have under the Uniform Commercial Code or otherwise, to enter upon the premises where the goods are located and retake possession thereof, without notice.
REFUSED SHIPMENTS: All costs for warehousing and freight shall be paid by the customer.
RETURN OF MERCHANDISE: No merchandise may be returned without prior written authorization from our Customer Service Department. Requests to return merchandise must be made with our agents for transmittal to the factory within thirty days from the date of shipment by us. All returns must be shipped prepaid to the location designated on the return authorization. Credit will be issued based on the original invoice price, or price in effect at the time of return, whichever is lower, less a restocking charge of 30% invoice price on commodity products (40% on specialty products), less reconditioning and replacing costs if necessary, and less the freight expense of the original shipment. The reconditioning charge will be determined by the repair, refinishing or reconditioning required to restore the merchandise to a sale-able condition. All non-stocking, special, custom-made or outdated, and modified versions of normal factory stocking items are not returnable. Authorization will not be granted when value of all items to be returned is less than $100.00.
CREDIT POLICY: All requests for an open account are subject to credit approval. Customers must complete a credit application and allow at least one week for processing. To expedite your initial order, please send a send a check for full amount or pay C.O.D.
LIMITATION OF LIABILITY: In no event shall 1st Source Lighting be liable for special, indirect, incidental or consequential damages regardless of the form of action, strict liability, or tort, including negligence, nor for lost profits: Nor shall there be any liability of 1st Source Lighting for any claim or damage arising out of this agreement of the manufacture, sale, delivery, use, maintenance repair or modification of the products, or supply of any replacement component therefore, exceed the purchase price of the product. This limitation of liability shall apply to any liability for default under or in connection with the products, components or services delivered here-under whether based on warranty, failure of delay in delivery, or otherwise. No labor charges will be accepted without prior written approval. This clause shall survive failure of an exclusive remedy.
CLAIMS: 1st Source Lighting assumes no responsibility for the improper selection or installation of its products or for labor costs involved in repair or replacement. Our liabilities are limited to replacement of the defective part. We positively will not allow any charge whatsoever that does not have our written approval before hand. Dimensions and design details are subject to change. All claims must be made within ten (10) days of shipment. All 1st Source Lighting merchandise is inspected prior to shipping. Our liability ceases upon acceptance of merchandise by the carrier. All claims must therefore be filed with the carrier. Do not deduct for damaged merchandise when paying invoices, as carrier reimburses the consignee. We will assist in collecting your claim, but the liability for payment of the claim remains with the carrier.