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PRICES: Prices
are subject to change without notice. In the event of price increases, all orders
on hand will be filled at lower prices provided such orders are released for shipping
prior to the price increase. If the orders are not released for shipment prior to
price increase, the orders will be subject to the Prices and Terms of Sale in effect
on date of shipment. Quotes are valid for (30) days from the date of quotation unless
indicated otherwise.
TERMS OF PAYMENT:
Payment by the Purchaser shall be made within a maximum period of thirty (30) days
after the date of the invoice, unless otherwise noted in writing. In the event an
invoice becomes past due, X-TRA Light Mfg. reserves the right to charge the Purchaser
a 1½% interest fee on all past due accounts.
FREIGHT CHARGES AND
RISK OF LOSS: X-TRA Light Mfg. will use commercially reasonable efforts to make
shipments on date(s) agreed by. Shipments are F.O.B. factory. Freight charges are
the responsibility of the purchaser. All products shall be deemed to be delivered
and risk of loss shall pass to the Purchaser at such time as product is loaded into
a transportation carrier vehicle.
DELIVERY: Orders
should include complete shipping instructions. We reserve the right to ship as seems
advisable to us unless specific instructions are given. X-TRA Light Mfg. will use
reasonable efforts to meet delivery dates but such dates are deemed approximate
and X-TRA Light Mfg. shall be allowed a reasonable variance from all such dates.
FORCE MAJEURE:
X-TRA Light Mfg. shall not be liable for delays or inability to perform due to strikes,
labor disputes, lockouts, fire, flood, war, declared or undeclared, insurrections,
riots, acts of nature, embargoes by foreign nations, inability to obtain or unusual
delays in obtaining materials, shortages of power needed to operate plants, governmental
regulations or priorities, or any other cause beyond the control of the Company.
In case of any delays in receipt or shortages of materials or shortages of power
needed to operate plants, X-TRA Light Mfg. reserves the right in its sole discretion
to determine the assignment of materials, and the order of priority in filling orders.
X-TRA Light Mfg. also reserves the right in its sole discretion to cancel orders
by written notice in the event it believes that by reason of the foregoing it will
not be able to meet the scheduled completion date.
All orders are accepted subject to
governmental regulation on material usage, whenever applicable. Laws and building
and safety codes governing the design and use of lighting application products vary
widely. X-TRA Light Mfg. does not control the selection of product configurations
and assumes no responsibility therefore.
CANCELLATION AND CHANGE
CHARGES: Customer orders for special materials, or for products fabricated specifically
to Customer's dimensions, or where special materials or services are procured by
the Company for use on Customer's order, or where lighting design services have
been performed, will be subject to cancellation charges at levels commensurate with
the value of such product or services rendered.
In the event of order cancellation
there will be a cancellation charge of the costs incurred up to the time of cancellation
or change.
BALANCE DUE MATERIALS:Any
portion of an order omitted from original shipment because of shortage of stock
or other conditions beyond our control will be invoiced at the same price and on
the same terms as if included in the original shipment. When the balance due material
shipment weighs 100 pounds or more, the transportation charge will be based on the
combined weight of the previous and balance due shipments. If the balance due shipment
is less than 100 pounds, X-TRA Light Mfg. Company will prepay and absorb the freight
on that portion of the order.
RETURNED MATERIAL:X-TRA
Light Mfg. will not accept any material returned to us unless such return has been
previously authorized in writing. Customer must notify X-TRA Light Mfg. within 30
days of receipt of material. Customer must return material within 30 days of written
notification from X-TRA Light Mfg. Material returned under such authority will be
subject to our regular inspection. If found saleable without requiring reconditioning
or further work, credit will be issued in the amount invoiced less handling charge
of 25% returned material charge or $100.00 net whichever is greater. No credit will
be issued for goods produced to order, or for goods received more than 30 days after
authorization to return.
All shipping charges for returns are
the responsibility of the customer.
INSPECTION: No claims on account of errors
or shortages or rejection because of defects ascertainable on visual inspection
will be allowed unless such errors are reported to X-TRA Light Mfg. within 10 days
after receipt of shipment.
WARRANTY: X-TRA Light Mfg. is not responsible for lamps
broken or becoming unseated during transit.
INSTALLATION: X-TRA
Light Mfg. hereby disclaims all liability for, and is not responsible or liable
for, any damages or costs that may result from improper installation of its products.
It is the responsibility of the customer purchasing an X-TRA Light Mfg. product
to ensure that the X-TRA Light Mfg. product is installed properly and in accordance
with X-TRA Light Mfg.'s printed instructions. This responsibility is retained even
though the product may be resold for installation by some party other than the purchasing
customer. The purchasing customer will be liable to X-TRA Light Mfg. for all damages
and costs that result from improper installation, regardless of who actually performs
the installation.
CORRECTIVE FIELD LABOR:
In cases where a field product problem occurs that requires corrective action, it
is imperative that the following procedure be followed:
A. Eight (8) Hours
or Less - No preauthorization is required. Submit detailed information to your X-TRA
Light Mfg. Credit Department.
B. When Anticipated
Labor is More Than Eight (8) Hours - You must contact your Customer Service Representative
prior to any rework.
Step 1 - Attached
is a checklist of information your Customer Service Representative will need. Please
have this information available prior to calling.
Step 2 - Once we
have this information, an evaluation of the problem, cost and any options will be
determined. One of the following will be done:
A. If it is determined
that you are to perform the rework, you will be authorized verbally by your Customer
Service Representative. Written confirmation will follow immediately.
B. If it is determined
that X-TRA Light Mfg. will do the rework, you will be notified accordingly and a
schedule will be determined.
Your cooperation in following this
simple procedure will assist us in reducing the time required to accomplish corrective
measures and make it possible for proper reimbursement to be given to your firm.
HOWEVER, IT MUST BE STRESSED, SHOULD
THIS PROCEDURE NOT BE FOLLOWED, NO CREDIT OR REIMBURSEMENT WILL BE MADE, NOR WILL
ANY CLAIM BE CONSIDERED VALID. ADDITIONALLY, DEDUCTS OR WITHHOLDING PAYMENT WILL
NOT BE ACCEPTED WITHOUT WRITTEN CONFIRMATION (see Step 2.A).
TOOLS AND DIES:
Charges made for dies and tools do not convey title or the right to remove them
from our factory.
SAMPLES:Standard
samples are available at cost (net). See an X-TRA Light Mfg. customer representative
for Sample Price List. Custom built samples (other than on Sample Price List) must
be ordered on a standard order form.
FIXTURE GUARANTEE:
X-TRA Light Mfg. products are guaranteed for a period of one year from date of shipment
against mechanical, electrical and physical defects if properly used and installed
for their purpose. Component parts may carry longer warranties depending on manufacturer.
This warranty is void if product is exposed to extreme temperatures, vibration,
chemical or any other environmental condition the product was not intended for use
in. X-TRA Light Mfg. assumes no responsibility for improper selection or installation
of our products. X-TRA Light Mfg.'s obligation under this guarantee is to replace
defective parts or products at its discretion, providing such parts or products
such parts or products are brought to our attention within the specified time frame.
REPLACEMENT PARTS OR PRODUCTS DO
NOT INCLUDE LABOR OR CONSEQUENTIAL DAMAGES OF ANY KIND UNLESS AUTHORIZED IN WRITING.
ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY
OF WARRANTIES OF FITNESS FOR ANY PURPOSE WE HERBY DISCLAIM.
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