GENERAL: The following Terms and Conditions govern all transactions between Globalux Lighting, LLC and any party placing orders with or otherwise purchasing products sold by Globalux Lighting LLC. By placing an order with Globalux Lighting LLC, the customer acknowledges its unqualified acceptance of these Terms and Conditions with respect to Acceptance, Payment, Pricing, Freight, Title and Collections. These Terms and Conditions will be posted on globaluxlighting.com. BY PLACING AN ORDER WITH GLOBALUX LIGHTING LLC CUSTOMER AGREES TO GLOBALUX LIGHTING LLC’S TERMS AND CONDITIONS AND WARRANTY. Customer consents to jurisdiction and venue of an appropriate court located in San Bernardino County, State of California. These Terms and Conditions are subject to change without notice and shall be governed by the laws of the State of California.
PRICING: The prices for Globalux Lighting LLC’s products are based on Globalux Lighting LLC’s published pricing in effect at the time of Globalux Lighting LLC’s receipt of Purchase Order, unless otherwise set forth in a valid quotation issued by Globalux or set forth in the Order Acknowledgment. Globalux Lighting LLC’s price sheets are not offers to sell, and possession of a price sheet does not entitle any entity or individual to purchase Globalux Lighting LLC products. Errors or omissions in price are subject to correction/update by Globalux Lighting LLC. Prices do not include any present or future sales, use, value added or similar taxes. All published and quoted prices, packaging, and specifications are subject to change without notice, and may change in the event of material, energy, labor, assembly, and tariff cost changes. If a Quotation is issued, it is the customer’s responsibility to ensure receipt of a written copy of the quote and provide a copy of the quote or quote reference number when submitting purchase order. No orally communicated quotations will be honored. Globalux Lighting reserves the right to request a deposit for non-stock, custom, modified, or special-order items, and quantities of stock items that are larger than typically ordered such that they would need to be made to order and therefore be treated as a non-stock item. All clerical, typographical and/or mathematical errors in any quotations are subject to correction by Globalux Lighting LLC. Unless specifically set forth in writing in Order Acknowledgment, orders specifying future delivery date will be invoiced at prices and terms in effect at the time of shipment. Orders under $200.00 are subject to a $15.00 fee.
ACCEPTANCE OF PURCHASE ORDERS: Globalux Lighting LLC shall not be bound to sell any products unless, in its sole discretion, it accepts submitted purchase orders and deposit amounts (where applicable) stated at the time of quoting. Acceptance of submitted purchase orders shall be evidenced by the issuance of written Order Acknowledgement and Receipt of Deposit when applicable, and no customer purchase order shall be binding upon Globalux Lighting LLC until Globalux Lighting LLC issues its Order Acknowledgement and/or Receipt of Deposit. Globalux Lighting LLC reserves the right to reject orders with incorrect pricing and/or terms.
PURCHASE ORDER CHANGES: Customer may change or cancel a purchase order for stock items in writing. Non-stock, custom, or special orders, and orders of stock items over 100 pieces are considered “made to order” orders and are therefore not cancellable unless Globalux Lighting LLC consents to full or partial cancellation in writing. Customer is responsible for any freight charges associated with a reduced or cancelled purchase order.
FRIEGHT: All prices are based on shipments F.O.B. Globalux Lighting warehouse in Ontario, California. Any shipment delivered will be subject to freight charges per delivery, unless terms stated in the invoice are different, in which case invoice terms shall supersede. Title and risk of loss, damage and liability pass to customer upon delivery to carrier or pick up from Will Call. While Globalux Lighting LLC will use all reasonable commercial efforts to maintain estimated delivery date(s), all shipment dates are approximate and are not guaranteed. Globalux Lighting LLC reserves the right to make partial shipments if shipment is delayed by customer for any reason.
FREE FREIGHT ALLOWANCE: Free freight allowance set forth below will be paid for basic business to business (dock to dock) shipping to customers located in specific geographic areas and does not include accessorial charges which include, but are not limited to lift gate, residential, high traffic, limited access area for palleted products, appointments, or inside delivery; customer will be responsible for these additional/accessorial charges. It is the responsibility of the customer to identify the shipping address as residential, limited access, or any other potential accessorial charges at the time of order placement. Customer is solely responsible for all expedited shipping charges Globalux Lighting LLC incurs. Should shipping information be provided by customer be incorrect, Globalux Lighting LLC reserves the right to charge back to the customer upon receipt of additional and previously uncommunicated shipping/delivery charges. In the absence of additional specific shipping instructions from the customer, Globalux Lighting LLC’s logistics department will use their own discretion to request additional services to complete delivery and assess a minimum flat fee of $180.00 or the actual charges incurred (whichever is greater) for additional special handling/accessorial charges (liftgate, limited access, delivery appointments and residential/job site delivery, etc.). Specific freight allowances by geographic region:
- 48 CONTIGUOUS UNITED STATES EXCEPT CALIFORNIA: For shipments to commercial addresses in the 48 contiguous United States except California containing packaged products 4 ft. in length or shorter, free freight is allowed on invoiced orders totaling $1,750.00 and higher. For shipments to commercial addresses in the 48 contiguous United States except California containing packaged products longer than 4 ft. (including 6ft. and 8ft. products) free freight is allowed on invoiced orders totaling $2,500.00 and higher.
- SOUTHERN CALIFORNIA: For shipments to commercial addresses in Southern California (including Santa Maria, Bakersfield and locations south) containing packaged products 4 ft. in length or shorter, free freight is allowed on invoiced orders totaling $750.00 and higher. For shipments to commercial addresses in Southern California (including Santa Barbara and locations south) containing packaged products longer than 4 ft. (including 6ft. and 8ft. products) free freight is allowed on invoiced orders totaling $1,500.00 and higher.
- NORTHERN CALIFORNIA: For shipments to commercial addresses in Northern California (locations north of Santa Maria and Bakersfield) containing packaged products 4 ft. in length or shorter, free freight is allowed on invoiced orders totaling $1250.00 and higher. For shipments to commercial addresses in Northern California (locations north of Santa Barbara) containing packaged products longer than 4 ft. (including 6ft. and 8ft. products) free freight is allowed on invoiced orders totaling $2,000.00 and higher.
- HAWAII AND ALASKA: For shipments to commercial addresses in Hawaii and Alaska containing packaged products 4 ft. in length or shorter, free freight is allowed on invoiced orders totaling $3,750.00 and higher. For shipments to commercial addresses in Hawaii and Alaska containing packaged products longer than 4 ft. (including 6ft. and 8ft. products) free freight is allowed on invoiced orders totaling $4,500.00 and higher.
- INTERNATIONAL: Globalux Lighting LLC will not ship product outside the United States without prior written approval of Globalux Lighting LLC.
PAYMENT: Unless otherwise specified in writing by Globalux Lighting LLC, payment terms are net thirty (30) days from date of Globalux Lighting LLC’s invoice in U.S. Currency. Payment must be postmarked to later than 30 days from the invoice date. A 3% convenience fee will be charged for all payments processed via credit card. Globalux Lighting LLC shall have the right, among other remedies, either to terminate subject purchase agreement or to suspend further performance pursuant to this agreement and/or other agreements with customers in the event customer fails to make any payment when due, which other agreements customer and Globalux Lighting LLC hereby amend accordingly. In the event of payment default, all unpaid balances, obligations or indebtedness shall become immediately due and payable and subject to a monthly finance charge of 1-1/2% on unpaid amounts. All finance charges will not exceed state and local regulations. Customer shall be liable for all expenses, including attorney’s fees, relating to the collection of past due amounts. Customer shall provide such financial information from time to time as may be reasonably requested by Globalux Lighting LLC for the establishment or continuation of payment terms. Should customers’ financial responsibility become unsatisfactory to Globalux Lighting LLC, cash payments or security satisfactory to Globalux Lighting LLC may be required by Globalux Lighting LLC for future deliveries and for goods previously delivered. If such cash payment or security is not provided, in addition to Globalux Lighting LLCs’ other rights and remedies, Globalux Lighting LLC may discontinue deliveries.
SHORTAGES/DAMAGE: Shortages and/or damage must be acknowledged, communicated, and signed for at the time of delivery. All claims for damages or shortages in transit shall be made by customer with delivering carrier. Bills of Lading marked with “Shippers Load and Count” do not constitute transfer of liability for the freight or damages from a consignee to Globalux Lighting LLC. Customer agrees to pay Globalux Lighting LLC for any and all storage costs and other resulting expenses.
FORCE MAJEURE: Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. Such excused obligations and rights shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, such obligations shall resume. In the event the interruption of the obligation(s) continues for a period in excess of thirty calendar days, either shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the customer.
RETURN OF STOCK MERCHANDISE: Customer must inspect goods delivered upon receipt. You are deemed to have accepted goods delivered unless written notice of rejection specifying the reasons for rejection is received by us within 5 calendar days after delivery of the goods. No merchandise may be returned without prior written approval from Globalux Lighting LLC’s Post Sale department. Requests to return merchandise must be made in writing and emailed to rga@globaluxlighting.com. All approved returns must be shipped prepaid to the location designated on the return authorization notice with Authorization Number clearly marked on each box. Credit amount will be determined subject to product inspection and condition received. Restocking fees of 20% of the original invoiced price or $100, whichever is greater, shall apply. All returned products must be in salable condition with all parts, literature, packaging material and box intact. All stock products containing time-sensitive components that have reached the end of their warranty or shelf-life or products sold at discounted, special, or closeout prices as final sale are not returnable. Outdated, discontinued or phase-out stock products are also not returnable. Remedy for turn of merchandise is limited to the replacement or account credit of the product itself less any applicable restocking fees; this is Customer’s exclusive remedy. No cash refunds. Non-stock, custom, modified, or special-order items, and quantities of stock items that are larger than typically ordered and need to be made to order are considered NON-STOCK merchandise and are therefore not returnable.
SPECIFICATIONS: Product specifications are subject to change without notice, and Globalux Lighting LLC retains the right to modify product designs and specifications at any time. Consult Globalux Lighting LLC for verification. Globalux Lighting LLC reserves the right to optimize packaging at its discretion. Some products may only be available in bulk package multiples or case quantities, unless specifically agreed to alternatives at the time of order acceptance. The compliance of Globalux Lighting LLC product to individual and/or customer project specifications and the approval for use is not warranted by Globalux Lighting LLC.
LIMITED WARRANTY & LIMITATION OF LIABILITY: Refer to Globalux Lighting LLC Statement of Limited Warranty and Limitation of Liability