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Terms & Conditions

SALES AGREEMENT/TERMS AND CONDITIONS

DEFINITIONS

"The Company"  means Aurora Lighting Inc. any subsidiary or associated company of Aurora Lighting Inc
""The Customer" means the person, firm or other entity which contracts with the Company for title purchase of Goods.
""The Goods" means products of any kind manufactured or sold by the Company
"Contract"    means the contract for the purchase and sale of the Goods

1. GENERAL

These Terms and Conditions apply to the sale of Goods by the Company and no variation, modification or substitution of these Terms and Conditions (even though included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.

2.  DESCRIPTIONS,  ILLUSTRATIONS AND DIMENSIONS

The Customer shall be responsible for ensuring the accuracy of the Terms of any order submitted.

All the illustrations and information concerning dimensions, color, finish etc. are for guidance only and are subject to variation due to changes in production processes. While the Company makes every effort to ensure the accuracy of the information contained in its literature, the Company shall not be liable for the consequences of any error or omission in the descriptions, illustrations, dimensions or other information in the correspondence, catalogues and any other literature supplied by the Company. However, as our policy is one of continual improvement we reserve the right to alter specifications of any Goods without notice. All descriptions, illustrations, etc. in this brochure shall not form part of any Contract of purchase and sale
with the Company.

3.  PRICE

All prices are shown in USD. FOB shipping point and are subject to change without prior notice. (FOB shipping point the risk and responsibility of the Goods passes to the buyer at the shipping point).

4. SHIPPING COSTS

Shipments will be made by common carrier at the Customer's cost and risk. Call for standard shipping rate details. Special shipment requests such as next day air, etc. will be accommodated in the best way possible, with the Customer paying for all charges.

All freight claims for damages, breakages, or shortages whether obvious or concealed must be filed with the carrier immediately. Shortage claims must be submitted to the Company within 7 days. The Company will not honor any claims beyond that.

Shipments with a net invoice value of $1,500 or more (before taxes) will be freight prepaid using the Company’s standard shipping method.

5. TAXES AND SPECIAL FEES

Any sales use or other tax that may be imposed upon the sale or use of Goods or any special fees required to complete the sale will be in addition to the quoted prices and will be paid by the Customer.

6. PAYMENT

The time of payment shall be the essence of the Contract. The Customer shall make payment according to the payment and settlement Terms agreed in writing with the Company.

7. DELIVERY

Delivery dates are approximate and based on Conditions at the time of acceptance of the order. The Customer shall be bound to accept the Goods when they are ready for delivery and delivery shall be deemed to take place when the Goods are delivered to the Customer at the nominated address or to a nominated carrier as the case may be. At the time the order is placed, we will do our best to ship it complete. If we are temporarily out of stock, we will automatically back order unless a written cancellation is received. If for any reason the Customer cannot accept delivery of the Goods at the time when the Goods are due and ready for delivery, the Company may either elect to store the Goods pending their actual delivery and the Customer shall be liable to the Company for the cost (including insurance) of their so doing (however, the Company shall be under no obligation to insure the Goods in storage and the risk of any loss or damage to the Goods however arising shall be borne by the Customer) or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for  the excess over the relevant invoice price, or charge the Customer for any shortfall below the relevant invoice price.

The Company will make every effort to deliver the Goods when indicated but shall not be liable for any loss or damage for delay in delivery or failure to deliver due to causes beyond its reasonable control. Should a delay occur, the Company may reasonably extend delivery or production schedules, or at its option cancel the order in whole or part without liability other than to return any unearned deposits or prepayments.

8. TITLE

Title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the invoice together with any interest and or delivery charges in addition to the payment of all other outstanding sums.

Where the Goods are in the Customer's possession, the Customer shall keep them separately from all other Goods in its possession in such a way that they are immediately identifiable as the Company's property. At any time before payment in full of all sums due from the Customer to the Company, the Company may by notice in writing to the Customer, determine the Customer's right to sell the Goods and if the Customer is in possession of the Goods the Customer shall there upon return them to the Company free of charge and shall in any event cease to be in possession of them with its consent.

In placing an order the Customer irrevocably authorizes the Company to enter upon its premises for the purposes of repossessing the Goods in respect of which title has not yet passed to the Customer.

9.  RETURNS

Goods will not be accepted back for credit unless written approval has been obtained. All returns must be marked with a returns authorization number and a copy of the original invoice to ensure proper credit to the Customers’ account. Only current items in original cartons and standard package quantities are subject to return.

A 25% handling charge subject to a minimum of $50.00 may be levied on all fault free Goods returned at the Customer's request.

Excluding Goods retained as above, the Company reserves the right to replace any Goods returned for credit and where no fault has been found with the Goods the Company will be entitled to levy an additional $50.00 handling charge.

10. WARRANTY

Subject to the exclusions set forth below, Aurora Lighting warrants its commercial light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and integral control devices (“Product(s)”) to be free from defect in material and workmanship (the “General Warranty”) for a period of one year from the date of shipment from Aurora Lighting’s facilities. Certain products may have a longer warranty period as noted on the product’s specification sheet, Aurora Lighting will repair or replace, at its option, any warranted product returned to it that it determines to be defective. This limited warranty does not include installation or removal, nor does it include lamps, transformers and ballasts, which are covered by their respective manufacturers. 5-Year Limited Warranty applies to select LED products. Contact Aurora Lighting for more information.

This Statement of Limited Warranty (“Warranty”) applies only when the Product(s) are installed in applications in which ambient temperatures are within the range of specified operating temperatures and are operated within the electrical values shown on the LED driver Label.

Aurora Lighting will not be responsible under this Warranty for any failure of the Product(s) that results from external causes such as: acts of nature; physical damage; exposure to adverse or hazardous chemical or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the Product(s); environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the Product(s) and/or any third party not engaged by Aurora Lighting; improper or unauthorized use, installation, handling, storage, alteration, maintenance or service, including failure to abide by any product classifications or certifications, or failure to comply with any applicable standards, codes, recommendations, product specification sheets, or instructions of Aurora Lighting; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond Aurora Lightings’s reasonable control.

Aurora Lighting also will not be responsible under this Warranty for any substantial deterioration in the Product finish that is caused by failure to clean, inspect or maintain the finish of the Product(s). If the Product(s) are used on existing foundations, anchorages or structures, the end user is solely responsible for the structural integrity of such existing foundations, anchorages or structures and all consequences arising from their use. Adequate records of operating history, maintenance, and/or testing must be kept by the end user and provided to Aurora Lighting upon request to substantiate that the Product(s) have failed to comply with the terms of this Warranty.

Neither polycarbonate nor acrylic material used in the Products is warranted against yellowing, as yellowing may naturally occur over time due to normal aging. The Product(s) are not warranted against costs that may be incurred in connection with changes or modifications to the Product(s) required to accommodate site conditions and/or faulty building construction or design. In addition, the Product(s) are not warranted against cost resulting from installation of a third party components, failures of third party supplied components, or failures of Aurora Lighting supplied Product(s) caused by a third party supplied component. This Warranty only applies to the Product(s) when sold for commercial purposes and does not apply to any consumer product(s), all of which are governed by separate limited warranty terms.

If the Product(s) fail to comply with the terms of this Warranty, Aurora Lighting, at its option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). This Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. This Warranty extends only to the Product(s) as delivered to, and is for the sole and exclusive benefit of, the original end user of the Product(s) at the original location. This Warranty may not be transferred or assigned by the original end user. The repair or replacement of any Product(s) or component part within the Product(s) is the sole and exclusive remedy for failure of the Product(s) to comply with the terms of this Warranty and does not extend the Warranty period.

Warranty claims regarding the Product(s) must be submitted in writing within (30) days of discovery of the defect or failure to an authorized Aurora Lighting post-sales or customer service representative. Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by Aurora Lighting, but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a “return authorization number” which can be obtained only from an authorized Aurora Lighting post-sales or customer service representative. Aurora Lighting is not responsible for any costs and expenses incurred in connection with shipment of Product(s) to Aurora LIghting, but Aurora Lighting shall bear all cost and expense incurred in connection with shipment of replacement Product(s) to the customer.

The warranty and remedy set forth herein do not apply to Products, parts, advice, assistance or service which Aurora LIghting furnishes to purchaser as a business courtesy. The warranty is not applicable to any Product which is used in violation of any applicable standard, code or instructions for use, including those contained in the Standards for Safety of Underwriters Laboratory, Inc. (UL), Standards for the American Standards Institute (ANSI), in Canada, the Canadian Standards Association (CSA), ETL Listed Mark  (ETL).

THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND AURORA LIGHTING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT(S), WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF AURORA LIGHTING PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM AURORA LIGHTING.

Aurora Lighting reserves the right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any Product(s) purchased after such modification or discontinuance.

Suggestion to LED lamp warranty:

Aurora Lighting warrants each LED Lamp to be free from defects in materials and workmanship and to operate from the date of purchase. The foregoing warranty is subject to these Terms and Conditions. If Product fails to operate during the Warranty Period, Aurora Lighting will, at its option, replace or repair the Product or grant Purchaser a credit towards Product replacement. If Aurora Lighting grants a replacement and Product is not available, a comparable product will be provided. Aurora Lighting will not be responsible for labor costs of Product removal or installation. For avoidance of doubt, "to replace the Product" does not include any removal or reinstallation costs or expenses, including without limitation labor costs or expenses, shipping costs to return nonconforming Products or any damages that may occur during the return of Product to Aurora Lighting.

This limited Warranty is subject to the following additional conditions:

The Products have been installed and operated in accordance with the manufacturer’s instructions. The Products have not been subject to accident, neglect, abuse, misuse or acts of God. An Aurora LIghting representative will have access to the failed Products and the fixtures used to operate them. If the fixture or other parts become suspect, the representative shall have the right to invite other manufacturers’ representatives to evaluate the lighting system components. Usage documentation may be requested to validate hours. In addition to complete failure, defects include lumen depreciation to levels below 70% of initial lumen output within warranty period.

The Product has been purchased directly from an authorized Aurora Lighting distributor/dealer.

This warranty is limited to lamps purchased for use in regions that are within the jurisdiction of the United States and Canada. Purchase receipt for the Product is available for inspection by Aurora Lighting.

The warranty and remedy set forth herein do not apply to Products, parts, advice, assistance or service which Aurora LIghting furnishes to purchaser as a business courtesy. The warranty is not applicable to any Product which is used in violation of any applicable standard, code or instructions for use, including those contained in the Standards for Safety of Underwriters Laboratory, Inc. (UL), Standards for the American Standards Institute (ANSI), in Canada, the Canadian Standards Association (CSA), ETL Listed Mark  (ETL).

A-lamps: 35,000 hours
PAR-lamps: 35,000 hours
G4-lamps: 30,000 hours
T8-tubes DLC: 50,000 hours, 5 years
T8-tubes: 50,000 hours, 3 years

11. AGREEMENT

This agreement is intended by the parties as the final expression of their agreement and is intended as complete. Any subsequent modification or amendment may be made only in writing and signed by both parties.

12. OTHER

GST and GST18 are registered trade marks of Wieland Electronics GmbH

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Aurora Lighting Inc. | 12035 34th St North | Suite 2  | St Petersburg FL 33716 | USA

TEL: +1 (727) 524 4270 | FAX: +1 (727) 290-3914

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