THESE POLICIES AND TERMS OF SALE ("TERMS OF SALE") GOVERN THE PURCHASE OF ANY PRODUCT OFFERED BY HI-TECH LAMPS, INC. (HERIN AFTER DESIGNATED AS ‘SELLER’). PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OFSALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME IN SCIENCE LIGHTING SOLE DISCRETION.
Seller may discontinue any product at any time without notice.
2) Price and Product Information Errors.
Although our goal is 100% accuracy of pricing and product information, errors may occur in our constantly changing product line. If product or pricing errors are discovered, they will be promptly corrected in our system, and the corrected product information and price will apply. Seller will notify you if your open order includes items that are incorrectly specified or priced.
3) "Value Brand" Products.
The term "Value Brand" is used by Seller to describe items meeting or exceeding the specifications as listed on the respective HTML or .pdf page. “Value Brand” items are manufactured by numerous companies whose company names may or may not be specified (“white box”) or may or may not be recognizable "brand names" to the consumer. The trademarks and/or trade names of the "brand name" companies referenced are used only to compare products of similar characteristics. Orders for “Value Brand” products may contain items manufactured by “brand name” companies and by two or more companies.
Orders are not binding upon Seller until accepted. Seller reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of product application, end user and customer information may be required prior to the acceptance of any order.
Payment may be made with Paypal, Visa, MasterCard, Discover and American Express credit cards, and will be billed by our parent corporation Hi-Tech Lamps, Inc. Your credit card may be charged up to 3 business days prior to shipment, but is generally charged upon shipment. Customer will be notified within one business day of any backordered items, with the option of cancellation for full refund within the next two business days.
6) Sales Tax.
You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law. By law, Seller must collect sales tax for orders SHIPPED to destinations within the State of California.
7) Domestic Shipment.
In-stock items ordered will be shipped within one day (Monday through Friday delivery days) via ground transportation to most locations. Upgraded shipping services (Saturday, Next Day, 2nd Day, 3rd Day) are available at an additional charge. FOB point is typically Mountain View, California, however Seller reserves the sole discretion and right to ship direct from a manufacturer’s or master distributor's warehouse with domestic USA locations ('dropship') without prior notice. A dropship is normally used to improve service to the customer.
In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the selected service and the backorder will ship via Ground service when stock is replenished. While Seller will make every reasonable effort to ship your orders within these time frames, Seller is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond Seller's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of Seller, including without limitation, disruptions, power outages or attacks on this Site such as by persons known as "hackers."
8) International Shipments.
The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies. Payment must be made in full using a credit card or bank transfer at the time of order.
ALL PRODUCTS ARE SOLD WITH MANUFACTURER WARRANTIES ONLY. SELLER DISCLAIMS RESPONSIBILITY FOR ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
11) Return & Restocking Policy.*
Seller stands behind its products and will issue a refund, replacement or credit if you are not satisfied with your purchase and notify us within 30 days of receipt of product. A Restocking Charge of 20% will apply to all standard items returned where Seller has made no error in merchandizing or shipping. Refunds will be made by original method of payment. All returns must arrive in its original packaging in as new condition, and all freight charges for the return of goods are to be paid by the customer.
*There are exceptions to our Return Policy including, but not limited to:
- Linear bulbs which are 30" or longer in length,
- Special Order products,
- Orders shipped outside the continental U.S.,
- Shipments delivered via common carrier.
Please call our toll free phone number to obtain a Returned Material Authorization (RMA) before returning any product. Seller may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
12) Mistaken and Damaged Shipments.
Seller will replace the order and refund any applicable shipping costs if we made an error with your order. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery. To return any mistaken or damaged item, please call our toll free number to obtain a Returned Material Authorization (RMA). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to Seller. Seller may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
13) Limitation of Liability.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SELLER EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
15) Governing Law.
These Terms of Sale shall be governed by and construed in accordance with the laws of the State of California.
Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Santa Clara County, California.
17) Jurisdiction and Venue.
You and Seller (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of California located in Santa Clara County, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
18) Waivers and Amendments.
The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.