a.
Order submitted
via online to eLED.com (Seller) is not subject to cancellation as whole or in
part, and is not subject to change without approval of the Seller. At
Seller's option, changes or cancellations may be made without extra charge on
items on which work has not begun. Cancellation of any items on which work
has begun will be accepted only upon payment of reasonable charges, taking into
account expenses already incurred, and commitments already made by Seller.
b.
Irrespective of
any prices quoted by Seller or listed on Purchaser's order, an order is accepted
only at the prices shown on Seller's Sales Confirmation.
c.
Unless otherwise
specified, all prices are quoted, all orders accepted, and all billings rendered
exclusive of all federal, state and local excise, sales and similar taxes.
Such taxes, when applicable, will appear on separate additional items on the
invoice unless Seller receives a properly executed exemption certificate from
Purchaser prior to shipment.
d.
Payment
terms are prepaid unless otherwise agreed by Seller:
For United States customers, all purchase orders are prepaid by
cashier’s check, money order, Master Card, Visa, Discover card and American
Express. For
International customers, all purchase orders are
prepaid by Visa, Master Card, Discover, American Express and bank wire transfers only.
e.
Shipping dates are
estimated only and not guaranteed. The Seller shall not be liable for
failure to meet such dates unless such failure is caused by its own fault or
negligence. Thus, the causes that Seller shall not be liable for include,
but are not necessarily limited to, delay in delivery or non-delivery or any
loss or damage resulting from such delay or non-delivery from causes beyond its
control including but not limited to fire, strikes, or labor disturbances, acts
of God, acts of the Purchaser, acts of civil or military authority, insurrection
or riot, embargoes, inability to obtain transportation facilities, wrecks or
delays in transportation, or inability to obtain necessary labor, materials, or
manufacturing facilities due to such causes.
f.
Shipment of all
products shall be F.O.B. point of origin as determined by Seller. All risk
of loss shall pass to Buyer upon tender to common carrier, Buyer or Buyer's
agent or employee at Seller's warehouse or other point so designated by Seller.
g.
No statutory or
implied warranties apply, other than the warranty of title, and the Seller shall
not be liable for any loss or damage alleged to have been caused by the use of
the goods delivered, except to make replacement or to refund payment as therein
stated. In no event will the Seller be liable for consequential damages.
h.
Claims for
shortage must be made within 15 days from invoice date. Claims for
rejected material must be made within 30 days from invoice date. No
returns, of any type, will be accepted without a Return Merchandise
Authorization (RMA) number.
i.
It is understood
and agreed that the terms, conditions or warranties of sale contained herein
shall take precedence over any terms or conditions which may form a part of
Purchaser's order or appear on Purchaser's standard form, and Seller shall not
be bound by Purchaser's terms and conditions unless expressly agreed to in
writing.
j.
If, in Seller's
judgment, the financial condition of the Buyer, at any time during the
manufacturing period or at the time the merchandise is ready for shipment, does
not justify continuance of the work or shipment of the merchandise, Seller may,
at its option, may cancel an order or any part thereof.