Terms and Conditions of sale
All sales are expressly made conditional on Customerś consent to the following Terms and Conditions, whitch constitute an entire agreement between the Company and the Customer.
(placement, confirmation, cancellation and product specification policies)
All products must be ordered with a written purchase order, using the appropiate code and type as shown in the catalogue, special pricelists or quotations and should specify the desired shipping date that may be used for production scheduling. All orders are subject to the Companyś approval. Orders must include complete customerś datas, with invoicing adress, adress for delivery, telephone numbers, contact person and VAT number ( For Slovak customers also IČO number). Orders placed with insufficient or inaccurate information may be delayed until the appropiate information is received.
An order Confirmation Form will be sent to the Customer to confirm each purchase order within (3) days from order receipt, provided order is in complete form as noted in paragraph (1.1.) above. Shipment time to be specified within the order confirmation unless it is yet to be determined.
For any order for whitch the Company agrees to manufacture its products according to standard or special product specifications it is the Customerś responsibility to provide such information accuretely. All agreed orders are non-cancelable, due to the ordered material/components and respective costs incurred. Only orders for factory stocked items (without ordered material/components) may be canceled prior to shipping without charge. Only company can define if is possible to cancel order without charge. All other orders cannot be cancelled unless the Company is reimbursed for work already performed and for material/components purchased from its supplier. Minimal charge for order cancelation is 20% from order value. If the order is cancelled after shipment or refused at destination, warehousing, delivery and return costs will be charged to the Customer.
1.4. Product specification
Specification of all product are subject to normal manufacturing tolerances and may change without prior notice. Product design and specification sheets may be updated or modified as necessary, and it is the Customerś responsibility to obtain from the Company and verify the latest catalogue sheet to confirm dimensions, mounting details, knockouts, holes, etc. The Company will not be responsible for any costs associated with non-conformity to outdated material, including that obtained from the Companyś website. Catalogue information is merely indicative of what the Company manufactures or trades. This does not necessarily mean that all items are carried in stock. Lamps and mounting hardware , unless specified, are not included in the price of the lighting or electrical equipment.
The company hereby objects to and rejects any additional or different terms proposed by the Customer, including those contained in the Customerś purchase order. The Company reserves the right to refuse to manufacture any item that is not in stock, in the event that the order is too small to run on a production basis.
2, PRICING, INVOICING-PAYMENT
Prices are Ex Work and initiated without Value addex tax and without Recycling fee. Prices are subject to change with 30days minimum prior notice. In the event of a price incerase all orders on hand will be invoiced at the previous prices as well as orders received until the validity date of the price increase.
2.2. Invoicing- Payment
Invoices will be dated the day of shipment. Payment for the purchase is realized in chash or by payment in advance due to the proforma invoice. For customer with contract agreement invoices are due and payable per the agreed terms on each case. If the Customer does not pay the purchase price within the agreed time period the Company reserves the right to assess a finance charge on any past due balance up to the maximum legal rate, including collection expenses sucha s attorneyś fees. In case of an apparent discrepancy in an invoice charge, the Customer is obligated to advise the Company accordingly and in writing form. A claim of dicrepanchy does not relieve the Customer of the absolute obligation to pay the remaining balance of the invoice in accordance with the agreed terms of payment. The company , after review, will have sole discretion to solve the discrepancy. The Company may change or withdraw credit amounts or payment terms at any time for any reason , such as Customerś failure to affect payment when due etc. No deduction from invoices will be allowed without written authorization from the Company. The Company and the Customer expressly agree that until the Company has been paid in full for the goods supplied, the goods remain as exclusive property of the Company and can be recovered from the Customer at any time, in case of default of payment.
(freight cost, transportation claims, packaging, promptness)
3.1. Freight cost , transportation claims
Due to the weight and volume of consignment , it is sending to the Customer by post, or by express delivery servis, or with forwarder on Customerś costs. Products are tested prior to shipment for mechanical defects and packaging is inspected by Controller. The Company is not responsible for goodś demages or quantity decreases during transport. The customer has responsibility to inspect the goods right upon receipt. In case of visible damage or shortage of goods the Customer , will have to notify the Company within 3 days after receipt the goods with written form. After this period claim for this case will be rejected.
The Company reserves the right to optimize packaging at its discretion. Some products or components may only be available in bulk package multiplies. For special customized packaging, an additional charge may apply.
Average shipment time from order placement date is 3 weeks unless otherwise specified in the Order Confirmation Form (paragraph 1.2.). Any shipment date , however, is not a binding condition. The company will use reasonable efforts to meet shipment or delivery dates specified by the Company but such dates are estimated only. The Company will not be liable for any delay or non-delivery in shipping, for any reason, but not limited to delay or non-delivery caused directly by Acts of God, fire, flood, strike or other labour dispute, accident, civil commotion, riot, war, governmental regulation or order, whether or not it later proves to be invalid, or from any other cause or causes ( whether or not similar to any of the foregoing) beyond the Companyś control. In no case will the Company be liable for loss of profits or any indirect, special, incidental, multiple, punitive or consequential damages on account of any delay in delivery or non-delivery whether or not exused hereunder. The Company will not be liable for any penalties resulting from delayed deliveries.
4, LIMITED WARRANTY
The Company as manufacturere warrants that products will be free from defects in material and workmanship( mechanical and electrical)for a period of two years from the date of shipment (invoice date) to the original Customer. If it appears within the specified period that the product does not meet the warranty specified above , and provided the product under normal use and service proves defective within the same time period the Company , at its sole election, will eighter repair or replace the product at its own expense. If the Company is unable to repair or replace the particular product , refund then the value of the product at its original price only. The Company extends this warranty to the original or first Customer only and this warranty is non-assignable and non-transferable and shall be of no force and effect if asserted by any person other than such first Customer.
Limitation of Liability
4.1.Any claim by the Customer for breach of the foregoing warranty shall be submited to the Company in writing within three (3) days from the date the Customer discovered the alleged breach. Proof of purchase is required. When calling within warranty, the following should be provided by the Customer:
A, name, shipping address, and telephone number
B, A description of the model
C, an explanation of the problem
4.2. The present warranty terms are exclusive and in lieu of any other warranties of any kind. The Company expressly disclaims all other representations and warranties, express or implied. No distributor of supplier of the Company has the authority to modify or amend this limited warranty.
4.3. This warranty applies only to the use of the product as intended by the Company and does not cover any misapplication or misuse of said product.
This warranty is not applicable to , and the Company makes no warranty whatsoever with respect to, the product not instaled and operated in accordance with the proper electrical installation procedures. Nor is this warranty applicable to the product in case it has not been instaled and operated in accordance with the manufacturerś specifications and connection diagrams and in case the product has been subjected to abnormal operating conditions. This includes, but is not limited to , faulty wireconnections, connection to wrong supply voltage, failure to properly ground units, damage caused by rough handling.
This limited warranty also does not cover damages due to external causes, including, but not limited to accident, problems with electrical power, usage not in accordancewith product instructions, misuse, neglect, modification, repair, improper installation, or improper testing. The Companyis not ressponsible for indirect , incidental , or consequential damages including, but not limited to, lost profits, lost sales, injury to person, damage to or replacement of equipment and property. The Companieś liability is limited to the replacement of defective materials and does not include any charges for labor, materials, etc., without its written authotization before any work is done.
The Company will not accept any cash reimbursement claim without advance written authorization and shall not be responsible for any labor costs associated with installation or re-installation of the product.
4.4. This warranty also includes components: ballasts and lamps of luminaires although the respective manufacturers of these products also warrant their materials. Especially the ballasts used by the Company , arrive from recognized manufacturers , bear European quality marks, are CE conformed and are warranted by their respective manufacturer, providing the luminaires are properly installed and operated under normal conditions. Any claims for defects in ballasts occurring outside of their manufacturerś limited warranty period should be directed to the respective ballast manufacturer. Warranty is limited to life span of each component (especcialy lamps) and stocking time whitch can be also limited. For stocking time and life span of each componet is the Customer responsible ask the Company. Do not proceed with repair until and provided authorization is received from eighter the Company or from the balast manufacturer.
4.5. The Company reserves the right to refuse whole complain if in complained quantity will found even one piece of luminaire/product bought from other company then from the Company. In this case the Company consider this act as fraud and deceptional claim for reibursement or repair from the Customer side.
4.6. The Company shall not be liable for damages that result from deliveries that do not occur within a Customer´s specified time frame or for any delay or default in delivering products where occasioned by any cause beyond the control of the Company, including without limitation embargoes, shortages of labor, raw materials, or fuel, fires, floods, accidents, acts of war, or other similar causes.
This is the Company´s sole warranty.
No employee or agent of the Company is authorized to add, modify , or delete from it.
5, RETURN OF STOCK MERCHANDISE
5.1. Orders are non-returnable without prior written authorization by the Company . Unauthorized returns will be refused or , at the sole option of the Company, be returned to the Customer freight collect, or scraped immediately with no issuance of credit. Request to return merchandise must be made within 3 months from date of shipment. All returned goods must be shipped with freight prepaid by the Customer. Credit will be issued on the original invoice price less a minimum restocking charge of 20% whitch may be higher depending on the nature of the produst or the circumstances surrounding the return. All returned product will be examined in 30 days and must be in saleable conditions, it means. original packing, no used in order to qualify for credit. Custom orders may not be returned. At the discretion of the Company´s management certain non-stock items may be returned with a minimum of 50% restocking charge.
5.2. Products or product components returned for defects in manufacture will be replaced without charge provided permission is granted. Products returned due to the Company´s error in shippment will be accepted at full credit and without charges. Any such product return to be affected only through transportation means chosen by the Company, otherwise will be rejected.
The Customer agrees that all information furnished by the Company in connection with the sale of items will be confidential. The Customer agrees not to disclose any such information to any other person, or use such information for any purposes other than sales performance.
Except as expressly agreed in writing signed by the Company, the Terms and Conditions stated above shall constitute the entire sales agreement between the Company and the Customer. Customer´s submission of a purchase order shall indicate Customerś acknowledgement of and agreement with these Terms and Conditions.