TERMS and CONDITIONS of SALE ENGINEERING, CONSULTATION, AND ADVISORY SERVICES Engineering, consulting, and advisory services, which are only an expression of opinion, regarding: lighting design, product or material selection, finish, installation, operation, and maintenance, are available. It is the sole responsibility of the purchaser and end user to request such services. We are not responsible for the completeness, adequacy, or accuracy of information rendered, in whatever form, from the performance of such services, and assume no liability whatsoever for any use thereof.
EQUALS, APPROVALS, DATA SHEETS, & SAMPLES Every care is used in quoting on a competitor's "equal." However, we are not responsible for misinterpretation. We cannot guarantee approvals. We do not manufacture to “plans and specs”. Products will only be manufactured to the requirements set forth in our approved cuts and physical samples. Specifications and dimensions of all products are subject to normal manufacturing variation and may change without prior notice. Our specification sheets may contain errors and/or omissions for which we are not responsible. Reconfirm all specification sheets before approving regardless of the source (I.E. our catalogue, our agent, our distributor, or even the factory). A sample of the current product should be requested by the purchaser for verification of all: design, construction (especially ‘KO’ and Stem mounting locations), materials, and performance criteria, prior to approving or releasing any products.
STANDARDS It is the obligation of the Purchaser (Customer) and end user to determine if a product is: merchantable, suitable for any intended use or, is acceptable with regard to any specifications, drawings, plans, codes, rebate or other programs, standards, or purchase order. Crownlite (Company, Factory, We) reserves the right to choose the ballast/lamp/driver/power supply/led types and manufacturers. Standard sheet metal tolerance is +/- 3/64”. Purchaser assumes all liability for patent and copyright infringement when goods are made to Purchaser's specifications. All orders are subject to minimum quantities. Consult factory regarding availability prior to specification.
QUOTES & INVOICING Quotations are not binding on the Company unless they are confirmed in writing and signed by an Officer of the Corporation. Quotations are valid only 30 days from the date shown thereon and do not include lamps, tax or freight, unless otherwise indicated. In the absence of a Binding Quotation, material will be billed at our current prices, even though other prices may appear on customer's purchase order. Purchaser is responsible for the verification of the arithmetic accuracy of all quotations and invoices. Errors found are subject to correction at any time. All invoices are unit priced. The total of such invoices shall supersede any package or lot prices appearing on our quotation or on customer's purchase order. No purchase order is binding on the Company unless accepted in writing by an Officer of the Corporation, and is further subject to credit approval.
PAYMENT terms are net unless otherwise stated in our binding quotation. Minimum billing is $375.00. Any discount or allowance not taken within 60 days of the date of payment is forfeited. Any extensions of time for payment, or renewals thereof, will not affect our rights to pursue any and all actions or remedies we might have in order to collect a debt. It is mutually agreed with the customer, Crownlite has the right to charge a 1 1/2% per month service charge on all past due balances, as well as reasonable collection costs and fees, including 20% attorney’s fees plus disbursements on accounts placed for collection. As security for all liabilities of purchaser to Company, due or to become due, now existing or hereafter arising, for products heretofore or hereafter sold or delivered to purchaser by Company, Purchaser hereby grants to Company a security interest in all products now or hereafter delivered to or for Purchaser. Purchaser agrees to execute such financing statements as Company may require to perfect this security interest.
CANCELLATION Material over-ordered, over-shipped, ordered or shipped wrong, or which proves to be defective, must be returned, subject to count and inspection, prepaid to our factory, before any adjustment will be considered. No material may be canceled or returned without prior written authorization. Orders for special products will not be accepted for cancellation or return. Orders accepted for cancellation, or materials accepted for return, are subject to reasonable charges for costs incurred, commitments made to our vendors, work in progress, freight in and freight out. The minimum cancellation or restocking charge is 25%.
DELIVERY All goods shipped via common carrier are shipped at purchaser's risk. Title to goods passes to purchaser on acceptance of goods by the carrier. Purchaser is responsible for all damages in transit, for the timely filing of all claims, and for all storage, handling, notification, COD, redelivery or other charges. Claims for damage or shortage must be reported to the carrier within 3 days of receipt of goods. Damaged goods, with packaging, must be held available for inspection by carrier for 60 days.
Orders must meet both a minimum weight of 3500 lbs. and be at least $3500 to be eligible for a freight allowance of 5% of the invoice value. Where prices are quoted including prepaid freight, they are quoted based on one shipment to one destination. Claims of concealed or other shortage must be reported to the factory within 10 days of receipt of goods. No deductions will be allowed from our invoices. Our obligation to deliver merchandise and any agreements regarding deliveries of all or part of an order are contingent upon our prior receipt of all approvals, releases, and supporting documents, in writing, and our ability to obtain supplies, labor and raw materials at reasonable prices. We will adjust ordered quantities, with the exception of drop shipments to job sites, to conform to our standard packaging quantities, without notice.
Under no circumstances will we be liable for any labor or consequential damages attributable to our failure to deliver or late delivery. We reserve the right to control routing. Customer expressly assumes all additional costs over and above Crownlite’s regular method of shipment. We will not pay for overnight, air freight, or messenger delivery charges. Orders placed on a 'Hold' for any reason are subject to renegotiation at time of release.
CREDIT WORTHINESS We may refuse to ship and/or return and cancel, without any obligation or liability of any kind, whatsoever, any order, regardless of what stage it may be in, if we feel, at our sole discretion, the purchaser is no longer credit worthy, has abused our terms of sale, or our ability to be paid in full becomes questionable. No adjustments of any kind for any reason will be allowed against invoices for products delivered or services rendered prior to such refusal, return, or cancellation. We are not liable for any delays due to acts of God, labor disputes, civil commotion, war, embargoes, accidents, federal, state or local imposition of priorities, regulations, restrictions or controls.
SUBSTITUTION OF MATERIALS, BUILDING CONSTRUCTION, ACCESSORIES, AND OTHER'S PRODUCTS We may substitute materials, whether specified or otherwise indicated, with other materials we consider to be similar in kind and quality, without notice. We are not responsible for improper or defective building construction, or accessories attached to our products. We make no representation regarding, nor are we liable for, the compatibility or lack thereof, of any other product with our products.
PRODUCT INSPECTION AND ACCEPTABILITY It is the Purchaser’s and Installer’s responsibility to INSPECT ALL PRODUCTS for apparent defects in materials or workmanship ( mechanical or electrical errors, poor fitting or damaged parts, improper wiring, correct ballast/driver/power supply/lamp/led type, or voltage, lens, poor finish, etc. ), missing parts, shortages, or other possible non-conformance to any purchase order, code, or specification, BEFORE INSTALLATION. There are inherent variations in appearance and performance (optical, electrical, mechanical, thermal, etc) from component to component; even from the same components form the same manufacturer. Many issues are application dependent. Product operating characteristics and specifications may change when installed in-situ. These are normal and not considered product defects. * DO NOT USE OR INSTALL ANY PRODUCT THAT APPEARS UNACCEPTABLE OR NON-CONFORMING IN ANY WAY*. Claims or such unacceptability or non-conformity must be reported to the Company within 10 days of receipt of product, regardless of delivery location.
REPAIR SERVICES, FIELD ADJUSTMENT, CLEANING, and MAINTENANCE of EQUIPMENT Inspection and maintenance of all materials, workmanship, and products before, during, and periodically (minimally annually) after installation, by qualified (licensed) personnel, for correctness, defects, and deterioration is the responsibility of the purchaser. Adjustment and tightening of fixture parts, adjusting of socket spacing, reinsertion of loose lamps, wiping down of equipment or lenses, replacing broken plastics, verifying proper ballast, wiring, grounding, and line voltage, repair and replacement of worn or deteriorated parts or materials, etc., is considered normal and not a defect in material or workmanship, and is the responsibility of the purchaser, installing, or maintaining party.
Repair services may be provided by the company, at our sole option, strictly as a gesture of good will and as a convenience to the purchaser. All products must be readily and safely accessible. Purchaser, at its own sole cost and expense, is responsible for: providing a safe and efficient means of reaching any product, providing adequate protection to prevent damage to the building or its interior, obtaining union or other cooperation regarding free access to the site for field service personal, turning power on and off as required, identifying specific products and locations of products claimed defective, and the supplying of ladders, scaffolds, and lifts. Our performance of such service is in no way an extension of our liability, beyond the TERMS AND CONDITIONS of SALE and LIMITED WARRANTY herein contained.
DISPUTES All legal claims arising out of the terms and conditions herein contained or contained in any Purchase Order accepted by the Company, shall be subjected to the jurisdiction and laws of the State of New York. The terms and conditions herein contained shall supersede any conflicting terms or conditions contained in any other document or purchase order. These are Crownlite's sole terms and conditions and no Employee or Agent of the Corporation is authorized to add to or delete from them.
Copies of this TERMS AND CONDITIONS OF SALE are available on request from the Company by mailing to: Crownlite Mfg. Corp., 1546 Ocean Ave., Bohemia, NY 11716, or calling: 631.589.9100.
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