Terms & Conditions
These Terms and Conditions of Sale (“Agreement”) shall apply to all sales of products by Extant Lighting, a Limited Liability Company. As used in these Terms and Conditions of Sale, “we”, “factory”, and “our” shall refer to Extant Lighting. Unless specifically agreed in writing by an authorized representative of Extant Lighting, any different or additional terms and or conditions proposed by any customer in a purchase order, response to quotation, or other proposal are hereby rejected by Extant Lighting, and shall not be incorporated into the agreement for sale of Extant Lighting products. Customer’s assent to these Terms and Conditions of Sale shall be conclusively presumed from customer’s ordering products quoted by Extant Lighting, customer’s failure to object in writing to these Terms and Conditions of Sale, and or customer’s acceptance of all or part of any products ordered. If Extant Lighting is found to have acknowledged customer’s order or proposal, and such acknowledgment constitutes an acceptance of an offer, such acceptance is expressly made conditional on customer’s assent solely to these Terms and Conditions of Sale, which shall form part of the acknowledgment, and acceptance by customer of any products shall be deemed to constitute such assent. If any quotation or other document of Extant Lighting is deemed to constitute an offer to customer, customer’s acceptance of such an offer is limited to these Terms and Conditions of Sale.
TERMS OF PAYMENT:
Terms of payment for Extant Lighting shall be NET 30 days. No discounts are allowed without prior approval in writing by an authorized representative of Extant Lighting. A service charge of 1.5% per month will be charged by Extant Lighting or its authorized collection agency on any customer balance due at the end of the month following the month of billing. Should it become necessary for Extant Lighting to institute formal collection proceedings to collect any past due amounts from the customer; Extant Lighting shall be entitled to recover its attorney’s fees and other costs associated with the proceedings. Notwithstanding the acceptance of any order by Extant Lighting, we reserve the right not to ship material to any customer not paying in accordance with our terms or who in the sole opinion of Extant Lighting, may be unable to meet its payment obligations to Extant Lighting.
Credit Card payments must be approved in writing by an Extant Lighting manager. All credit card charges will be charged an additional 5% fee.
Freight will be prepaid and allowed by Extant Lighting within the continental United States for orders totaling in excess of $5000.00. Outside the continental United States, customer should consult factory. Orders not qualified for paid freight will be shipped with transportation charges prepaid by Extant Lighting and added to customers’ account. Partial shipments will be made at the direction of the customer, provided the customer pays excess freight. When Extant Lighting bears the cost of the shipment, we reserve the right to ship all orders in one complete shipment. Partial shipments may be made at our discretion. Extant Lighting will not be held responsible for storage charges or cartage charges beyond the destination address acknowledged by Extant Lighting. All shipments will be made by carrier selected by shipper; normally UPS Ground or standard ground freight. If order is above $5,000.00 and customer requires carrier or service other than UPS Ground or Extant Lighting standard freight service, invoice will reflect any additional difference in freight charges. If customer requires shipping charges billed to their corporate account, Extant Lighting reserves the right to charge a 30% premium for packaging and handling charge.
Extant Lighting reserves the right to refuse the request of any distributor to make direct shipments of products to any destination inside or outside the regular or assigned sales and service area of the distributor, as determined by Extant Lighting.
MERCHANDISE AND CLAIMS TERMS:
Unless otherwise noted, sales of Extant Lighting products will be FOB factory. Title to all products shall pass from Extant Lighting to our customers upon execution of a bill of lading or tender of freight to carrier’s agent or customer’s agent, whichever shall first occur. All claims for loss or damage in transit must be made by consignee to carrier within 30 days.
DATE OF SHIPMENT:
Shipping dates are approximate and are based on conditions existing at time of Extant Lighting’s receipt of customer firm order and full information. Extant Lighting will in good faith endeavor to ship by the estimated shipping date but shall not be responsible for any delay or any damage resulting there from.
RETURN MERCHANDISE TERMS:
No merchandise may be returned by customer without prior written authorization in the form of a Return Material Authorization (RMA), which has been issued by Extant Lighting expressly for the merchandise to be returned. This RMA will be issued at the sole discretion of Extant Lighting and must be requested by the customer within 30 days of the original shipment. Except with respect to defective items, returned merchandise must be uninstalled and in its original sealed cartons. Non-stocking products, special order products, custom made products, and/or outdated or modified versions of cataloged factory stocking items are sold only on a non-cancelable and non-returnable basis and will not be accepted for return. Except for products considered by Extant Lighting to be defective in workmanship or materials, all returns will be subject to a minimum 85% restocking and factory inspection charge, and a deduction will be made for the freight expense of the original shipment. This minimum charge will be based on the condition that factory inspection reveals that all material is in original factory condition. Damages due to alterations, abuse, modifications, improper installation, or improper operating conditions or environmental damage are not covered by warranty and cannot be returned for credit. Merchandise accepted for return must be shipped pre-paid to the factory or other destination as specified by Extant Lighting. All returned material must be packaged with proper and sufficient packing material as to prevent damage in Transit. Any damage as a result of insufficient packaging and not covered by carrier shall be charged back to the distributor.
MATERIAL FOUND TO BE DAMAGED IN TRANSIT:
A claim form must be filed with the carrier on receipt of damaged cartons within 72 hours. Follow directions of carrier as to retention of shipping boxes, etc. and notify Extant Lighting immediately.
ORDER CANCELLATION TERMS:
Extant Lighting will accept order cancellations from customers only if the cancellations are sent to Extant Lighting in writing and received prior to shipment of orders affected. Verbal order cancellations will not be accepted. Cancellation charges to be applied shall not be less than 10% of the order and shall be subject to increase based on costs incurred by Extant Lighting including but not limited to labor, material, set up and transportation charges. All costs for warehousing and freight on orders cancelled after shipment and/or refusal at destination will be charged to the customer.
Prices are subject to change without notice. Extant Lighting will ship merchandise at prices prevailing at the time of shipment. Prices are exclusive of sales, use, excise or similar taxes unless otherwise noted.
Extant Lighting in no way, express or implied, accepts responsibility for voltage determination. Extant Lighting shall not be responsible for quotations of prices or specifications concerning non-catalogued products unless Extant Lighting confirms this to the customer in writing. Catalogued items are those listed in Extant Lighting’s current price sheets. Dimensions and fixtures are subject to change without notice. Unless specifically agreed to by Extant Lighting in writing, we do not warrant compliance of our products with individual project specifications.
CHANGES IN PRODUCT DESIGN:
Extant Lighting reserves the right to change, discontinue, or modify the design and construction of any of its products and to substitute material equal to or superior to that originally specified without notification.
GENERAL WARRANTY AND OBLIGATIONS
The foregoing warranty is expressly in lieu of any other expressed or implied warranties, including implied warranty of merchantability or fitness for a particular purpose, and any other obligation or liability on the part of the Manufacturer in tort or otherwise, whether arising from negligence or acts constituting strict liability. In no event shall Manufacturer be liable for any loss of anticipated profits or for consequential damages.
Warranty is limited to repair or replacement at manufacturer’s option and is also limited to cost of original Extant Lighting material, prorated over the warranty period. Warranty does not cover damages due to alterations, abuse, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floods, or other environmental damage, any and all of which shall void this warranty. Warranty also does not apply to products not manufactured by Extant Lighting, which have been installed and used in conjunction with Extant Lighting products.
The warranty period is effective from the date of shipment by Extant Lighting.
Products offered for sale by Extant Lighting (“Manufacturer”) excluding emergency batteries are warranted free from defects in workmanship or material for a period of five (5) years or as set forth in sales brochures and specifications for each type of product. This warranty includes all electronic components, when installed and used under normal and proper conditions. The following terms of the foregoing shall constitute the sole obligation of the Manufacturer.
Warranty period begins from the date of shipment by Extant Lighting and is subject, but not limited to proper installation and maintenance in accordance with instruction supplied. The average ambient temperature shall not exceed 77º F. for more than thirty days annually. Should a defect appear in a fixture covered within the Warranty period, on return of the defective fixture, transportation pre-paid, and Extant Lighting’s inspection determines the product to be defective under the terms of the warranty, Extant Lighting will repair or replace such fixture at a cost equal to the net LIST prices at the time of repair or replacement. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacture.
Extant Architectural Lighting | 15572 Commerce Lane | Huntington Beach, CA 92649 | (714) 362-8099