TERMS AND CONDITIONS OF SALE

STANDARD FREIGHT TERMS

F.O.B. Shipping Point. Freight allowed to qualified accounts on single shipments valued at $2,500.00 or more, within the 48 contiguous United States, unless otherwise agreed upon in writing.

PAYMENT TERMS

Payment terms are net 30 to established accounts. Credit application must be submitted for approval for all new accounts. Please allow 2-3 days for processing of application. To expedite rush orders for new accounts, we may request full or partial payment in advance. A service charge of 1.5% per month will be added to all overdue invoices.

RETURNED GOODS

All returns must have a written RMA.  NO PRODUCT RETURNS WILL BE ACCEPTED BY MANUFACTURER IF NOT ACCOMPANIED BY A VALID RMA NUMBER. Product returned without a RMA number will either be refused or returned to Purchaser at Purchaser’s expense. Purchaser is responsible for return transportation.  Manufacturer is not liable for loss or damage to unauthorized product returns. Once issued, RMA numbers are valid for 30 days.  If replacement merchandise is requested, Manufacturer is responsible for shipping.  A new PO must be provided for replacement merchandise.  All returns are subject to the following conditions:

• Return of Non-Defective Merchandise: Requests to return non-defective merchandise must be made within 60 days and returned in original factory-sealed LumEfficient cartons in saleable condition. Return requests within 60 days of delivery will be assessed a 35% restocking fee.  No material will be accepted for credit more than 60 days from the invoice date.  Unsalable or damaged merchandise will be credited at salvage value. LumEfficient reserves the right to issue credit at prices prevailing at time of shipment, or time of return, whichever is lower, less the minimum restocking charges of 35%. Merchandise credit only, no cash refunds.  Unique or custom-built product cannot be returned.
• Return of Defective Merchandise: Returns of defective merchandise for replacement will be replaced at LumEfficient’s discretion. Defective merchandise returned for credit will credited at Lumefficient’s discretion. Returns will be subject to inspection.  If material is found to be defective due to neglect, alterations, abuse, or misuse, credit will not be issued.  If material is found to function as intended, merchandise will be returned at Purchaser’s expense.
• Request for Replacement Material/Fixtures:  All requests for replacement parts must have a purchase order. Replacement parts are invoiced upon shipment. An RMA is issued for the return, and credit is issued when the non-functioning parts are returned and our evaluation shows that the returned parts exhibit a factory defect. If material is not returned for credit within 30 days from RMA issue date and the invoice remains unpaid, LumEfficient will insist on payment. Credit will only be issued when parts are shown to have a factory defect. If material is found to be defective due to neglect, alterations, abuse, misuse, or incorrect installation, credit will not be issued. If this is the case, we will insist on payment for the replacement parts.

LIMITED WARRANTY ON LUMINAIRES

LumEfficient, warrants that its luminaires will be free from defects in material and workmanship from the date of delivery by LumEfficient for seven (7) years. Covered luminaires include the flowing families of products:  Resilient Brand of Luminaires

All LumEfficient luminaires must be operated in applications which the maximum ambient temperature is below the maximum operating temperature as listed on each product specification sheet. This warranty is conditioned upon proper storage, installation, use, and maintenance. This warranty is not applicable to any luminaire which is not installed and operated in accordance with the current edition of the National Electric Code (NEC). This warranty is not applicable to any luminaire subjected to abnormal stresses and operating conditions.

LumEfficient will repair, or at our option, replace the defective product during the stated warranty period. This warranty applies only to the repair or replacement of the product and only when the product is properly handled, installed and maintained according to our instructions. This warranty excludes defects resulting from improper handling, storage, installation, acts of God, fire, vandalism, or civil disturbances. Purchaser must notify us in writing within 30 days of noticing the defect. This warranty excludes field labor or service charges related to the repair or replacement of the product. This warranty is in accordance with LumEfficient’s Terms and Conditions of Sale and any territorial or application related restrictions therein. LumEfficient reserves the right to change the warranty period without prior notice and without incurring obligation and expressly disclaim all warranties not stated in this limited warranty. The express limited warranty is extended by LumEfficient only to the original or first end-user purchaser.

NO IMPLIED STATUTORY WARRANTY OF MERCHANDISE OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY BEYOND THE AFOREMENTIONED WARRANTY PERIOD. The foregoing warranty is exclusive of all other statutory, written or oral warranties, and no other warranties of any kinds, statutory or otherwise are given or herein expressed. This warranty sets forth LumEfficient’s responsibilities regarding its components and claimant’s exclusive remedy.

LIMITATION OF LIABILITY: LumEfficient will not under any circumstances whether as a result of breach of contract, breach of warranty, tort, strict liability, or otherwise be liable for consequential, incidental, special or exemplary damages including but not limited to loss of profit or revenues, loss of use of components or any goods associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, facilities of service, down time cost, or claims of claimants customers.

This warranty gives the claimant specific legal rights. The claimant may also have other rights which vary from state to state.

TERMS AND CONDITONS ARE SUBJECT TO CHANGE WITHOUT NOTICE

---

TERMS OF USE

Last updated: April 10, 2015

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.lumefficient.com website (the “Service”) operated by LumEfficient (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of LumEfficient and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LumEfficient.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by LumEfficient.

LumEfficient has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that LumEfficient shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless LumEfficient and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall LumEfficient, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

LumEfficient its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@lumefficient.com.