1. ORDER ACCEPTANCE
No modification of these terms or conditions will be recognized by Luminoso unless specifically agreed to in writing by Luminoso. Failure of Luminoso to object to provisions contained in any purchase order or other communication from a purchaser (including, without limitation, penalty clauses or laborcharges)shall notbeconstruedasa waiverto theseStandardConditionsofSalenoran acceptance ofanyotherprovisions.
2. PRICES
All orders are subject to effective prices and terms of sale in effect on the date of shipment and subject to change without notice unless otherwise authorized in writing by Luminoso. Written quotations expire 30 days after date of quotation. All orders must be over $50.00 not including freight. Any orders under this amount are subject to a $10.00“Below Minimum Fee. Luminoso reserves the right to adjust upwardly certain or all of its prices to reflect anticipated volatility in the costs of critical raw materials and components such as steel, copper, aluminum and plastic compounds. Pricesdonotinclude any local, state orfederal taxes.
3. E-COMMERCE
Luminoso products may be sold via Internet with the following restrictions:
a.Luminoso’s brand name and company information must be presented in a professional manner,
b.Productsmust be advertised at least fifty percent (50%) above thelisted Distributors’ Price Book. Luminoso will cancel any purchase order or suspend account at will if above restrictions are not met.
4. TERMS OF PAYMENT
Unless otherwise agreed to in advance, payment on each invoice is due within 30 days from the invoice date. Any balance unpaid at such time will bear interest at the rate of 1.5% per month with an annual percentage rate of 18%. Purchaser also agrees to pay any costs incurred by Luminoso to enforce the terms of this agreement.
5. FREIGHT
Luminoso reserves the right to select origin of shipment, routing and other method of transportation. If customer specifies an alternate routing, customer must assume additional charges. Any extracharges occurred for services, such as special handling, re-deliveryof product, or lift gate must be paid by consignee. This includes orders that meet freight allowed. Materials not in stock when order is released by customer will be shipped as soon as possible thereafter. Freight will be allowed on these shipmentsiforiginalorderas releasedmeetsallowance termsspecified below.
A. Premium freight charges such as air freight will be at purchaser’s expense. Written authorization by facsimile, letter, or email must be received from purchaser prior to the shipment leaving Luminoso’s facility.
B. Seller reserves the right to ship products freight collect. Each individual order having a net value of $1,800.00 or more will be shipped prepaid or freight allowed, with the exception of the Luminoso sports light series which requires a purchase of $3,000.00, to destination on shipments within the continental United States via routing of Seller’s choice, but Buyer is responsible for all insurance and any sales, use, excise or other taxes, duties, fees or assessments imposed by any jurisdiction. Orders with a net value of less than $1,800.00 will be charged published freight charges of the carrier.
C. All special pallets used for shipping 8′ and larger products will be charged a $40 per pallet fee.
D. Transportation charges will be pre-paid and added to invoice unless otherwise stated.
6. SHIPPING PERFORMANCE
When requested, Luminoso will establish shipping schedules as closely as practicable in accordance with the purchaser’s expressed needs. However, Luminoso will not be responsible for deviations in meeting shipping schedules nor for any losses or damages to purchaser (or any third party), whether occasioned by deviations in performance or non-performance of any of Luminoso’s obligations under the contract, or loss of or damage to goods when caused directly or indirectly by or in any manner arising from any casualty, riots, act of the purchaser, strikes, or other labor difficulties, supplies, or transportation facilities, or any other cause beyond its control or the control of its suppliers. In no event, and under no circumstances, shall Luminoso agree to pay any amount, whether identified as a penalty or as liquidated damages, for failure to meet a shipping schedule unless specific agreement to that effect is made in writing and signed by an officer of Luminoso.
Nor will Luminoso be made liable for any detention or delay in delivery, installation, or for any loss, damage or expense due to any cause beyond Luminoso’s reasonable control, including without limi- tation, an act or omission of the buyer, embargo or other governmental act or authority regulation or request, fire, theft, accident, strike, shutdown, war, riot, delay in transportation, inability to obtain necessary labor, material or manufacturing facilities, and/or any other act of God.
7. CLAIMS FOR LOSS OR DAMAGE IN SHIPMENT
If merchandise is delivered in damaged condition or cartons missing, a notation must be placed on all documentation(s) signed by the receiver. Concealed damages are notified after delivery. The carrier should be contacted by telephone and in writing to request an inspection. All requests for credit due to transportation loss or damage should be accompanied properly with signed documentation. A claim for loss for damage must be filed by customer within 5 working days from receipt of shipment date. Credit cannot be allowed for damage claims that are not properly substantiated with supporting documentation received by Luminoso, and/or too late for timely filing with the carrier.
8a. LIMITED WARRANTY
Luminoso warrants that products sold will, upon shipment, be free of defects in workmanship or material under normal and proper usage. Should any failure to conform to this warranty become apparent during the warranty period. Luminoso must be notified promptly in writing. Luminoso’s liability is limited to, at its option, either repair or replacement only of the defective part.
In no event, and under no circumstances, shall Luminoso be liable for labor costs in connection with the installation, removal or replacement of warranted products or for any consequential damages. In no event, and under no circumstances, shall Luminoso be liable to the purchaser or to any other person for any indirect, special, consequential or incidental losses or damages including, without limitation, lost profits. As used herein, the term “person” shall include, without limitation, any individual, sole proprietorship, partnership, corporation or other entity.
Luminoso further reserves the right to refuse to honor the above warranty for any product(s) altered, improperly installed, or installed in applications for which not intended. The foregoing warranty is exclusive and in lieu of all other warranties whether written, oral or implied, including any warranty of merchantability or fitness for purpose.
8b. EXCLUSIONS FROM WARRANTY
1) ABUSE: Luminoso cannot assume responsibility for claims arising from abuse of the product due to improper installation or abuse by the ultimate user.
2) DESIGN: Luminoso cannot assume responsibility for claims resulting from failure from improper design of the end product, such as (but not limited to) subjecting the Luminoso product to conditions, which exceed the rated capacity of the product to operating conditions, which constitute improper usage.
9. TERMINATION OF ORDER
Any order or contract can be terminated by the purchaser only upon payment of all reasonable charges basedupon expenses already incurred and commitments made by Luminoso.
All cancellations must be done in writing and must be electronically transmitted to Luminoso, which then Luminoso will electronically transmit back a Cancellation Acknowledgment Letter. Please note that cancellation will not go into effect until you have receive Luminoso’s acknowledgement. Furthermore all requests must be received prior of shipment to avoid any potential restocking charges
10. RETURN GOODS AUTHORIZATION (RGA)
No products are to be returned without prior Luminoso approval and issuance of a Return Goods Authorization (RGA) number. Under no circumstances shall purchasers assume settlement, nor will Luminoso be bound via deductions from remittances due. When return is occasioned due to a warranty issue or Luminoso’s error, full credit including transportation charges will be allowed. No material will be accepted for credit that was purchased over (45) days prior to request. All credits if approved by Luminoso will be applied towards future purchases. No refunds.
Since, as a customer accommodation on warranty claims, replacement fixtures are sent prior to receipt of the returned items, customers will be invoiced as a new order. Once the returns are received and confirmed defective, credits will be applied to the purchaser’s original invoice.
Where the purchaser requests authorization to return products for reasons of their own and Luminoso issues approval for return, purchaser will be billed a restocking fee of 25% for stock (STK) items and a 50% restocking fee for assembled (ATO) items, plus out bound freight, provided all materials are returned in their original boxes/cartons, in resalable condition, and of current design. The return shipment must be freight pre-paid by the purchaser. Obsolete items, or those special products built to the purchaser’s specification are not returnable.
11. ERRORS
Typographical orclerical errors in quotation ordersor acknowledgments are subject to correction.
12. DIMENSIONS
The dimensions in catalogs and price lists are nominal, and not to be used for construction purposes. See product Installation Sheets and/or Specification Sheets available on our website for detailed information or contact Luminoso Customer Service Department.
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LAST MODIFIED 01.04.2022