Lum-Tech Lighting Inc. – Terms and Conditions of Sale Disclaimer
Acceptance / Governing Terms
These terms and conditions of Sale (“Agreement”) shall apply to all sales of products by Lum-Tech Lighting Inc., a corporation in the state of New Jersey. Unless otherwise specifically agreed in writing, any different or additional terms and conditions proposed by any customer in a purchase order are hereby REJECTED by Lum-Tech Lighting Inc. Customer assent to these Terms and Conditions of Sale shall be conclusively presumed from customer’s ordering products by Lum-Tech Lighting Inc. number as shown in the current catalog.
Terms of Payment
Payment term is standard 30 days net. If, in the option of Lum-Tech Lighting Inc., the financial condition of Buyer becomes impaired or unsatisfactory, Lum-Tech Lighting Inc. may at any time limit or cancel the credit of Buyer and, before delivering additional goods to buyer, require Buyer to pay in cash for such goods and to pay the goods theretofore delivered. Failure by Buyer to make any such payments within 10 days after demand in writing shall constitute a breach of this agreement by Buyer. Approval of credit of one or more deliveries shall not be deemed a waiver hereof. Should it be necessary for Lum-Tech Lighting Inc. to initiate formal collection proceedings the company shall be entitled to recover its attorney’s fees and other costs associated with the proceedings.
Freight Terms
Minimum Freight Allowed terms for the contiguous US:
- $1,500 min. order for FedEx or UPS Ground 1 day zone.
- $2,000 min. order for FedEx or UPS Ground 2 day zone.
- $2,500 min. order for FedEx or UPS Ground 3 day zone.
- $3,000 min. order for FedEx or UPS Ground 4 day zone.
Outside the continental United States, customers should consult the factory. Orders not qualifying for prepaid freight will have the transportation charges added to the invoice with no deduction allowed. Partial shipments will be made at the discretion of Lum-Tech Lighting Inc. We reserve the right to ship all orders in one shipment. All shipments will be made via carrier selected by the shipper. All orders requiring Air Freight and or any special rate request will require a third party billing authorization. In addition, Lum-Tech Lighting Inc. reserves the right to withhold shipments from any customer who has not paid “within terms”. All sales will be F.O.B. Lum-Tech Lighting Inc. factory in Moorestown, NJ. Title shall pass from Lum-Tech Lighting Inc. to our customers upon tender of freight to carrier. All claims for loss or damage in transit must be made by consignee to carrier within 30 days.
Note: LED Panel / Troffer / Linear fixtures, surface mount kits, and 6 ft & 8 ft tracks require $3,000 minimum order to meet freight allowed without other fixture types on the order.
Order Cancellation
Only standard current catalog items can be cancelled, if received IN WRITING TWO (2) WEEKS prior to shipment. All other orders including special finishes, modifications, etc., are NOT acceptable. No verbal cancellation will be accepted.
Estimated Shipping Schedules
Are approximate and are based on conditions existing at the time. Lum-Tech Lighting Inc. shall not be responsible for any delays or damage arising therefrom.
Refused Shipments
All costs for warehousing and freight shall be paid by the customer.
Orders
Additions to orders cannot be made unless approved by Written Permission. Unauthorized additions will be treated as a new order and must meet new order requirements. Specials are non-cancelable after acceptance of orders by Lum-Tech Lighting Inc.
Return Goods Policy
Goods may only be returned with Written Permission and a proper RMA (Return Material Authorization) number from Lum-Tech Lighting Inc. within 30 days of issuance of RMA with freight prepaid. Return Items are not allowed without a preauthorized RMA and are subject to a 25% restocking fee. Returned items must be accompanied with the RMA paperwork or the credit will be denied. Credit may not be issued for returned items held over 30 days from original invoice date. Credits or Refunds will normally be issued within 7 days from receipt of RMA approved items after inspection and/or testing. Goods must be in resalable condition. NO CASH OR CHECKS WILL BE ISSUED. No credit will be issued for opened or partially used products or packages. No returns are allowed for Special and Made to Order Items. Lum-Tech Lighting Inc. reserves the right to issue credit at prices prevailing at time of shipment, or time of return, whichever is lower, less the 25% restocking charge.
Changes in Product Design
We reserve the right to change the design and construction of any product due to changing supply component conditions, without notice.
Security Interest
Lum-Tech Lighting Inc. shall retain a security interest in all goods sold until the full amount of the purchase price (including any service charges) has been paid by the customer. In the event the customer shall default in payment, Lum-Tech Lighting Inc. (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, free from any claims of Buyer.
Important Receiving Notice
Inspect shipment for visible and hidden damage. Shipping Damage should be documented with descriptions and photos, and claims should be made immediately with the shipping carrier. You should ask the carrier what their claim policies are before they leave the shipment.
Shortages
All Shortage Claims must be reported to Lum-Tech Lighting Inc. within 14 days of receipt of shipment. Claims received after the 14 day period will not be honored.
Claims
Claims for shipping errors or merchandise defects will be waived unless made in writing to Lum-Tech Lighting Inc., 1245 N. Church Street, Suite 12, Moorestown, NJ 08057, and within 30 days after receipt of merchandise.
Limited Warranty
Lum-Tech Lighting Inc. warrants that our products are free from defects. Should any defects occur in its goods within One (1) year, Lum-Tech Lighting Inc. upon prompt notification will at its sole discretion, exchange, repair, or credit the purchase price of the item in question. No claims will be allowed for expense incurred in the installing, removal, or using such material or for any other damages to persons or property. This warranty does not apply to: products not manufactured by Lum-Tech Lighting Inc., or products which have been altered, subjected to neglect, abuse, misuse, or accidents (including shipping damages). Ballasts and emergency battery packs are covered by separate ballast manufacturers’ warranties. Lum-Tech Lighting Inc. does not make any warranties whatsoever as to ballasts and will accept no responsibility or liability whatsoever therefore.
Disclaimer and Limitations
Except for the warranty and remedy as stated above, we disclaim all other warranties, whether expressed or implied, and specifically disclaim the implied warranties of merchantability and fitness for a particular purpose. In no event shall Lum-Tech Lighting Inc. be liable in warranty, contract, negligence, strict liability, tort or otherwise, for any damages, whether incidental or consequential, which are alleged to be caused by one or more of our products, beyond the cost to the purchaser of the subject product or products in question. Therefore, the sole and exclusive remedy against Lum-Tech Lighting Inc. for breach of warranty, breach of contract or in negligence or strict liability or otherwise, shall be limited to repair or replacement of the subject product at our discretion (excluding installation and removal charges, which will not be our liability) or, if we choose refund of the purchase price, and then during one (1) year period following the date of delivery. Purchaser is responsible for determining the suitability of our products for the purchaser’s use or resale, or for incorporating them into other items or for application which the purchaser’s designs, constructs or manufacturers or retro-fits, and must be installed in accordance to local codes and information supplied with the products.
Agreement
Other than stated in writing or properly documented and signed by Lum-Tech Lighting Inc. the terms and conditions of sale stated above shall constitute the entire sales agreement between Lum-Tech Lighting Inc. and the purchaser. Purchaser’s submission of a purchase order shall fully indicate purchaser’s acknowledgment of and agreement with these Terms and Conditions.