Terms, Conditions and Warranties (USA)

A-Light Terms and Conditions of Sale for Shipments Within the United States or
Services Performed Within the United States.
Effective March 30, 2020

 

These Terms and Conditions of Sale apply to any and all products or services of A-Light, architectural light, a division of Acuity Brands Lighting, Inc. or Acuity Brands Technology Services, Inc. (collectively, “Acuity Brands”), unless otherwise specifically agreed to in writing by Acuity Brands.

PAYMENT TERMS:

Purchaser agrees to pay the prices quoted by A-Light and is responsible for applicable shipping and handling charges, taxes and duties.

Invoices for services shall be due and payable within (30) days after the date of the invoice. In addition to all other rights and remedies available under these Terms and Conditions of Sale and under applicable law, A-Light may, in its sole discretion, withhold services until such time as purchaser’s account is paid in full or immediately terminate the provision of services without further liability to purchaser.

If purchaser does not pay any invoice, in whole or in part, when due, A-Light shall assess a finance charge on any past due balance at the maximum legal rate permitted on open accounts. If any amount due A-Light is collected by or through an attorney, A-Light shall be entitled to recover all costs of collection, including attorney’s fees equal to 15% of the total principal and interest owed.

CREDIT:

Accounts on open credit only: Payment is due 30 days from date of invoice (Net 30). New accounts: minimum opening order of $1,500 is required. One week is required after credit information has been provided, to process credit. Orders will not be released during this time. C.O.D. orders: payment will be required two weeks prior shipment. 50% deposit will be required for all orders. All orders less than $500 will have a surcharge of $50. All orders, on open credit, paid over 60 days will have its account status changed to C.O.D. terms. A-Light may, at its discretion, require a deposit for orders of large amounts requiring a special production run of standard products. The customer will assume all legal costs related to the collection of unpaid invoices, including attorney’s fees equal to 15% of the total principal and interest owed.

PRICES:

All prices are those in effect at the time of quotation and are subject to change without notice. Unless prices are quoted as “firm,” A-Light reserves the right to invoice at the prices in effect on the date of shipment.  A-Light reserves the right to require minimum order in the amount of $500.

FREIGHT ALLOWANCE:

A-Light pays standard ground freight on any fully released order totaling $5,000 or more, shipping to any single location within the contiguous United States (excluding Alaska and Hawaii). Under this policy, partial shipments are not allowed; if partial is requested by the customer, A-Light will pay for freight on the first shipment only, customer to pay freight on all subsequent shipments. Please consult factory for large orders that require phased shipments. Any orders that qualify for freight allowance will be shipped FOB Oceanside, freight prepaid and allowed. Any orders that do not qualify for freight allowance will ship FOB Oceanside, freight prepaid and add. Customer will assume all freight costs other than the usual method and frequency determined by A-Light. Collect or prepaid freight: A-Light will appoint a carrier of its choice, unless otherwise requested.

TRANSPORTATION CLAIMS:

Title and risk of loss passes to purchaser upon delivery of products by Acuity Brands to the carrier. Therefore, claims for damages or shortages in transit are the responsibility of purchaser. Bills of Lading marked with “Shippers Load and Count” do not constitute a transfer of liability for the freight or damages from purchaser to A-Light.

PACKAGING:

A-Light reserves the right to optimize packaging at its discretion. Some products may only be available in bulk package multiples or case quantities.

ESTIMATED SHIPPING DATE:

The shipping date indicated on the order acknowledgement, by sales support, or any employee of A-Light, is the approximation of the probable ship date and shall not be deemed to represent a fixed or guaranteed shipment date.

SPECIFICATIONS:

A-Light, in no way, expressed or implied, accepts responsibility for voltage determination. A-Light shall not be responsible for quotations of prices or specifications concerning non-cataloged items, unless A-Light confirms this to the customer in writing. Cataloged items are those listed in the most current A-Light catalog, price portal and website. Unless specifically agreed to in writing, A-Light does not warrant compliance of our products with any individual project specification.

SUBMITTAL DRAWINGS:

Submittal drawings are provided on an as requested basis or as required by product specification. Submittal drawings for non-standard product will require architectural details, not limited to, ceiling, wall, AFF, plan section and elevation drawings, to be submitted to A-Light prior to the start of the submittal drawing process. Our goal at A-Light is to provide exceptional service to our customers through clear concise communication around your orders. Once submittal drawings are requested, we provide an estimated completion date for the drawings. Once the drawings are completed, the factory will not plan production until they are returned as approved by the customer and purchase order is fully released. Once submittal drawings are issued to the customer for approval, a $500 cancellation charge will apply. See also Terms for Customs and Modifications and Cancellation Charge above.

CANCELLATION:

Orders cannot be cancelled after release. Cancelled orders on standard product are subject up to a 100% cancellation fee. If an order is cancelled after shipment or if delivery is refused by destination, all warehousing, delivery and return costs shall be assessed, in addition to cancellation fees. Custom designed and LED manufactured product may not be canceled after order has been released for any reason. Any orders that are canceled after submittal drawings have been completed will be billed a $500 drawing charge.

BACK CHARGES:

Back charges will not be accepted. Any field repair/rework without factory approval will not be accepted. All field repair/rework must be approved in writing. A-Light Is not responsible for fixture accessibility. Labor and equipment rental to access luminaires is to be provided by third parties at owner’s expense.

WARRANTY:

A-Light warrants that, for a period of five (5) years from the date of shipment to the original customer at the original installed location, each product will be free from any defects in material and workmanship which cause the product to fail to operate in accordance with the products’ performance specifications as they exist at the time of shipment. This limited warranty is void if (i) the product is installed improperly or otherwise not in accordance with the A-Light installation instructions and guidelines that are shipped with the product or any applicable standards or codes, such as, without limitation, those standards of codes of the National Electrical Code, the Standards for Safety of Underwriters Laboratory, Inc., or the Canadian Standards Association, (ii) the product is altered or repaired other than as authorized in writing by A-Light, (iii) the product is misused or abused, whether intentionally or not, including without limitation if the product is used at any time in an environment or operating range, or subjected to electrical values, in excess of those specified in the product’s performance specifications, (iv) the product is damaged due to Acts of God, (v) the product is used in violation of any applicable standard or code for use, such as, without limitation, those standards or codes of the Standards for Safety of Underwriters Laboratory, Inc., or the Canadian Standards Association, (vi) the product is used other than as a stand-alone product (ie integrated into another lighting product),(vii) the product is damaged in transit or handling, or (viii) customer fails to fulfill all financial obligations in regards to purchase of the product.

A-Light’s obligation under this limited warranty is limited to, at A-Light’s option, either repair or replacement of the defective part or parts or else make available a new replacement product that will provide equal or better performance.

A-Light’s obligations under this limited warranty do not include any other costs or expenses, such as, without limitation, any costs or expenses of removal or reinstallation whatever the cause or however incurred or imposed (for example and without limitation, labor costs or expenses, lifts, scaffolding, protective floor covering, administrative costs, or requirements of law or any governmental agency or body). A-Light will not be held responsible for any costs associated with the location of the installed products. no implied warranty of merchantability 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 kind, statutory or otherwise, are given or herein expressed. LIMITATION OF LIABILITY: A-Light 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 profits or revenues, loss of any other goods or associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, down-time cost or claims of claimant’s Customers. A-Light liability on any claim of any kind for any loss or damages arising out of, resulting from or concerning any aspect of this agreement for the product or services furnished hereunder shall not exceed the price of the Product which gives rise to the claim. SPECIAL NOTE: Normal wear and tear on the product is not covered by this limited warranty. Exterior or mechanical damage that is not the result of a breach of warranty will not be corrected. No cosmetic repairs will be made. With respect to electrical and electronic parts or components not manufactured by A-Light (e.g. drivers, ballasts, power supplies, photoelectric controls, transformers, etc.), A-Light will provide a warranty equivalent to that offered by the manufacturer of the electrical or electronic components. Please contact the component manufacturers directly for replacements.

A-Light liability on any claim of any kind for any loss or damages arising out of, resulting from or concerning any aspect of this agreement for the product or services furnished hereunder shall not exceed the price of the Product which gives rise to the claim. SPECIAL NOTE: Normal wear and tear on the product is not covered by this limited warranty. Exterior or mechanical damage that is not the result of a breach of warranty will not be corrected. No cosmetic repairs will be made. With respect to electrical and electronic parts or components not manufactured by A-Light (e.g. drivers, ballasts, power supplies, photoelectric controls, transformers, etc.), A-Light will provide a warranty equivalent to that offered by the manufacturer of the electrical or electronic components. Please contact the component manufacturers directly for replacements.

A-Light reserves the right to change these terms and conditions at any time without notice.

 

Terms, Conditions and Warranties (Canada)

A-Light Terms and Conditions of Sale for Shipments Within the Canada or
Services Performed Within the Canada.
Effective March 30, 2020

 

These Terms and Conditions of Sale apply to any and all products or services of A-Llight, architectural light, a division of Acuity Brands Lighting, Inc. or Acuity Brands Technology Services, Inc. (collectively, “Acuity Brands”), unless otherwise specifically agreed to in writing by Acuity Brands.

PAYMENT TERMS:

Purchaser agrees to pay the prices quoted by A-Light and is responsible for applicable shipping and handling charges, taxes and duties. Pricing in Canadian dollars.

Invoices for services shall be due and payable within (30) days after the date of the invoice. In addition to all other rights and remedies available under these Terms and Conditions of Sale and under applicable law, A-Light may, in its sole discretion, withhold services until such time as purchaser’s account is paid in full or immediately terminate the provision of services without further liability to purchaser.

If purchaser does not pay any invoice, in whole or in part, when due, A-Light shall assess a finance charge on any past due balance at the maximum legal rate permitted on open accounts. If any amount due A-Light is collected by or through an attorney, A-Light shall be entitled to recover all costs of collection, including attorney’s fees equal to 15% of the total principal and interest owed.

CREDIT:

Accounts on open credit only: Payment is due 30 days from date of invoice (Net 30). New accounts: minimum opening order of $1,995 is required. One week is required after credit information has been provided, to process credit. Orders will not be released during this time. C.O.D. orders: payment will be required two weeks prior shipment. 50% deposit will be required for all orders. All orders less than $665 will have a surcharge of $67. All orders, on open credit, paid over 60 days will have its account status changed to C.O.D. terms. A-Light may, at its discretion, require a deposit for orders of large amounts requiring a special production run of standard products. The customer will assume all legal costs related to the collection of unpaid invoices, including attorney’s fees equal to 15% of the total principal and interest owed.

PRICES:

All prices are those in effect at the time of quotation and are subject to change without notice. Unless prices are quoted as “firm,” A-Light reserves the right to invoice at the prices in effect on the date of shipment.  A-Light reserves the right to require minimum order in the amount of $665.

FREIGHT ALLOWANCE:

Alight pays standard ground freight on any fully released order totaling $6,500 or more, shipping to any single location. Acuity Brands Canada Inc. will be the importer for all shipments totaling $6,500 or more. Under this policy, partial shipments are not allowed; if partial is requested by the customer, Alight will pay for freight on the first shipment only, customer to pay freight on all subsequent shipments. Please consult factory for large orders. Any orders that qualify for freight allowance will be shipped FOB Oceanside, freight prepaid and allowed. Any orders that do not qualify for freight allowance will ship FOB Oceanside, freight prepaid and add. Customer will assume all freight costs other than the usual method and frequency determined by Alight. Collect or prepaid freight: Alight will appoint a carrier of its choice, unless otherwise requested. 

TRANSPORTATION CLAIMS:

Title and risk of loss passes to purchaser upon delivery of products by Acuity Brands to the carrier. Therefore, claims for damages or shortages in transit are the responsibility of purchaser. Bills of Lading marked with “Shippers Load and Count” do not constitute a transfer of liability for the freight or damages from purchaser to A-Light.

PACKAGING:

A-Light reserves the right to optimize packaging at its discretion. Some products may only be available in bulk package multiples or case quantities.

ESTIMATED SHIPPING DATE:

The shipping date indicated on the order acknowledgement, by sales support, or any employee of A-Light, is the approximation of the probable ship date and shall not be deemed to represent a fixed or guaranteed shipment date.

SPECIFICATIONS

A-Light, in no way, expressed or implied, accepts responsibility for voltage determination. A-Light shall not be responsible for quotations of prices or specifications concerning non-cataloged items, unless A-Light confirms this to the customer in writing. Cataloged items are those listed in the most current A-Light catalog, price portal and website. Unless specifically agreed to in writing, A-Light does not warrant compliance of our products with any individual project specification.

SUBMITTAL DRAWINGS:

Submittal drawings are provided on an as requested basis or as required by product specification. Submittal drawings for non-standard product will require architectural details, not limited to, ceiling, wall, AFF, plan section and elevation drawings, to be submitted to A-Light prior to the start of the submittal drawing process. Our goal at A-Light is to provide exceptional service to our customers through clear concise communication around your orders. Once submittal drawings are requested, we provide an estimated completion date for the drawings. Once the drawings are completed, the factory will not plan production until they are returned as approved by the customer and purchase order is fully released. Once submittal drawings are issued to the customer for approval, a $665 cancellation charge will apply. See also Terms for Customs and Modifications and Cancellation Charge above.

CANCELLATION:

Orders cannot be cancelled after release. Cancelled orders on standard product are subject up to a 100% cancellation fee. If an order is cancelled after shipment or if delivery is refused by destination, all warehousing, delivery and return costs shall be assessed, in addition to cancellation fees. Custom designed and LED manufactured product may not be canceled after order has been released for any reason. Any orders that are canceled after submittal drawings have been completed will be billed a $665 drawing charge.

BACK CHARGES:

Back charges will not be accepted. Any field repair/rework without factory approval will not be accepted. All field repair/rework must be approved in writing. A-Light Is not responsible for fixture accessibility. Labor and equipment rental to access luminaires is to be provided by third parties at owner’s expense.

WARRANTY:

A-Light warrants that, for a period of five (5) years from the date of shipment to the original customer at the original installed location, each product will be free from any defects in material and workmanship which cause the product to fail to operate in accordance with the products’ performance specifications as they exist at the time of shipment. This limited warranty is void if (i) the product is installed improperly or otherwise not in accordance with the A-Light installation instructions and guidelines that are shipped with the product or any applicable standards or codes, such as, without limitation, those standards of codes of the National Electrical Code, the Standards for Safety of Underwriters Laboratory, Inc., or the Canadian Standards Association, (ii) the product is altered or repaired other than as authorized in writing by A-Light, (iii) the product is misused or abused, whether intentionally or not, including without limitation if the product is used at any time in an environment or operating range, or subjected to electrical values, in excess of those specified in the product’s performance specifications, (iv) the product is damaged due to Acts of God, (v) the product is used in violation of any applicable standard or code for use, such as, without limitation, those standards or codes of the Standards for Safety of Underwriters Laboratory, Inc., or the Canadian Standards Association, (vi) the product is used other than as a stand-alone product (ie integrated into another lighting product),(vii) the product is damaged in transit or handling, or (viii) customer fails to fulfill all financial obligations in regards to purchase of the product.

A-Light’s obligation under this limited warranty is limited to, at A-Light’s option, either repair or replacement of the defective part or parts or else make available a new replacement product that will provide equal or better performance.

A-Light’s obligations under this limited warranty do not include any other costs or expenses, such as, without limitation, any costs or expenses of removal or reinstallation whatever the cause or however incurred or imposed (for example and without limitation, labor costs or expenses, lifts, scaffolding, protective floor covering, administrative costs, or requirements of law or any governmental agency or body). A-Light will not be held responsible for any costs associated with the location of the installed products. no implied warranty of merchantability 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 kind, statutory or otherwise, are given or herein expressed. LIMITATION OF LIABILITY: A-Light 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 profits or revenues, loss of any other goods or associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, down-time cost or claims of claimant’s Customers. A-Light liability on any claim of any kind for any loss or damages arising out of, resulting from or concerning any aspect of this agreement for the product or services furnished hereunder shall not exceed the price of the Product which gives rise to the claim. SPECIAL NOTE: Normal wear and tear on the product is not covered by this limited warranty. Exterior or mechanical damage that is not the result of a breach of warranty will not be corrected. No cosmetic repairs will be made. With respect to electrical and electronic parts or components not manufactured by A-Light (e.g. drivers, ballasts, power supplies, photoelectric controls, transformers, etc.), A-Light will provide a warranty equivalent to that offered by the manufacturer of the electrical or electronic components. Please contact the component manufacturers directly for replacements.

A-Light liability on any claim of any kind for any loss or damages arising out of, resulting from or concerning any aspect of this agreement for the product or services furnished hereunder shall not exceed the price of the Product which gives rise to the claim. SPECIAL NOTE: Normal wear and tear on the product is not covered by this limited warranty. Exterior or mechanical damage that is not the result of a breach of warranty will not be corrected. No cosmetic repairs will be made. With respect to electrical and electronic parts or components not manufactured by A-Light (e.g. drivers, ballasts, power supplies, photoelectric controls, transformers, etc.), a•light will provide a warranty equivalent to that offered by the manufacturer of the electrical or electronic components. Please contact the component manufacturers directly for replacements.

A-Light reserves the right to change these terms and conditions at any time without notice.