Conditions of Use

This order is not binding upon (Seller), until accepted by Seller at its home office in Fargo, North Dakota. The Purchaser recognizes that this is a bona fide order and thus is not subject to cancellation. If accepted, the order is subject to the following terms, conditions and policy:

1. Prices are based on quantities shown FOB at one of Seller’s warehouses. All freight, federal, PROV. and local taxes, duties, etc. wherever applicable shall be added to the invoice as a separate charge to be paid by Purchaser. The terms of payment are credit card at time of order placement.

All monies payable to only. Method and route of shipment are at Seller’s discretion.

2. Seller will attempt to ship all orders as soon as possible, however, Seller will not be liable for any delay in the performance or shipment of orders or for any damages or costs in direct consequence or otherwise suffered by Purchaser by reason of any such delay.  Products will ship in approximately 2-6 weeks of order.  All agreements contingent upon strikes, accidents or other causes beyond our control.

3. Missing items: It is the responsibility of the receiver to inspect inbound materials against the packing list that includes a case breakdown. Missing items must be alerted to seller within 3 business days of receipt. 

Transportation Damage claims: Seller will pack and wrap all products appropriately for shipment. If damage during shipping occurs, seller will file the claim of damages on the customer’s behalf between freight carrier and customer. It is the responsibility of the customer to insure that the delivery is inspected for damage. When there is damage, it must be noted on the carrier’s bill of lading immediately, and seller notified within 3 business days. In the case of severe damage, the material may be refused and the seller must be immediately notified. Concealed damage must be reported directly to the seller within 3 business days. All damage claims are subject to the carrier’s terms and conditions; seller does not insure damage-free transit. Each shipment includes a packing list. If the shipment is missing the packing list, contact the seller immediately for one to be faxed or emailed; do not sign for shipments if the packing list cannot be verified. Damage reships are at the sellers discretion; credit may be applied instead of reshipping. Damage credit may not be applied until damaged products are returned and inspected.

4. No returns shall be made without prior approval and receipt of authorized return permit labels from Seller. Credit for returns will not be issued without prior written approval. All authorized returns are subject to a 35% restocking charge. All unauthorized returns shall become the property of Seller.  If you are not satisfied with your product, you may request to return the merchandise for a refund within 30 days of the invoice date. 

All LED fixture sales are considered final. No “sample” , “trial”, or “try out” orders are allowed. For large quantity orders, it is recommended that the customer buy a small number of fixtures to see the result before buying a large order. No unauthorized
returns; all returns must be have an RGA provided by the seller. Any returns can be subject to a minimum 35% restocking fee plus
freight costs.

Warranty claims: Seller may require claimed defective product returned for inspection before a warranty may be issued. Commercial-guaranteed product claims will be processed by Seller. Residential-grade product claims could require claims be made with the manufacturer, not the seller, except in special situations to be determined by the seller, and customer may be responsible for any freight charges for returning said product for warranty. Warranty starts the day the item is shipped. Products must be used under normal operating conditions of temparature, voltage, vibration, and on/off operation. The warranty does not apply to any product which has been altered or subjected to any process which results in a change in the original condition or state.

5. This order contains the entire agreement of the parties. Purchaser acknowledges that no promises or agreements, written or oral, other than those contained in this order have been made by Seller.

6. Installation of merchandise shall be the sole responsibility of the Purchaser. 

7. By signing this agreement you acknowledge and agree the telephone number(s) listed on the order are exempt from any federal, state or other “do not call” lists or registries, and that you waive your right to enforce such rules and agree to hold harmless and indemnify for any and all costs or expenses which arise out of the enforcement
of such rules with regard to the numbers(s) listed.

8. VENUE, JURISDICTION, AND LAW TO GOVERN —Purchaser agrees that any action by either party concerning the Agreement shall be venued in the courts in the state of North Dakota. Purchaser hereby submits to the personal jurisdiction of the courts of North Dakota, both federal and state, in any action with respect to, or arising out of, this Agreement. This Agreement shall be construed in accordance with the laws of the state of North Dakota.