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Welcome to Litetronics.com. Litetronics International, Inc. and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Litetronics.com, you accept these conditions. Please read them carefully.
Litetronics International, Inc. reserves the right, at its sole discretion, to change, add or remove portions of this Conditions and Terms of Use, at any time. It is your responsibility to check this Conditions and Terms of Use each time before using the site. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Conditions and Terms of Use, which shall apply until we post a modified Conditions and Terms of Use and then in accordance with such modified Conditions and Terms of Use. As long as you comply with this Conditions and Terms of Use and any such modifications, Litetronics International, Inc. grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
PRIVACY
Please review our Privacy Notice, which also governs your visit to litetronics.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit litetronics.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as products, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Litetronics International, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Litetronics International, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Litetronics International, Inc. or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
LITETRONICS INTERNATIONAL, INC., LITETRONICS.COM and other marks indicated on our site are registered trademarks of Litetronics International, Inc. or its subsidiaries, in the United States and other countries. Litetronics International, Inc. trademarks and trade dress may not be used in connection with any product or service that is not Litetronics International, Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Litetronics International, Inc. All other trademarks not owned by Litetronics International, Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Litetronics International, Inc., or their subsidiaries.
LICENSE AND SITE ACCESS
Litetronics International, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Litetronics International, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Litetronics International, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Litetronics International, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Litetronics International, Inc.'s name or trademarks without the express written consent of Litetronics International, Inc. Any unauthorized use terminates the permission or license granted by Litetronics International, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Litetronics.com so long as the link does not portray Litetronics International, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Litetronics International, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
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CONDITIONS OF SALE AND PAYMENT TERMS
To purchase any goods and/or services on our site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Litetronics International, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Litetronics International, Inc. further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Litetronics International, Inc. upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by oursales terms and conditions. We may require additional verifications or information before accepting any order.
All orders are net 30 days. Past due invoices are subject to a 1.5% per month late fee.
RISK OF LOSS
All items purchased from Litetronics International, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Private label requires prepayment for setup and plate charges per lamp type.
PRODUCT DESCRIPTIONS
Litetronics International, Inc. and its affiliates attempt to be as accurate as possible. However, Litetronics International, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Litetronics International, Inc. itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Your Litetronics account representative will provide you with any current pricing at any time. Prices are subject to change without notice.
OPENING ORDERS FOR NEW DISTRIBUTORS
All new distributors must place an opening order with a minimum product total of $5,000.
MINIMUM ORDERS
All orders must be ordered in case quantities, as provided in catalog. If your product order totals less than $100 before shipping and handling charges are applied, a $15.00 minimum order fee will be added.
PRIVATE LABELING
LITETRONICSTM can provide private label halogen or fluorescent lamps. The minimum order for private label halogen lamps is 1,200 pieces. The minimum order for private label fluorescent products is 1,200 pieces. Setting up a private label account requires extra lead time to process artwork and receive the necessary approvals.
TERMS
All orders are net 30. Past due invoices are subject to a 1.5% per month late fee on unpaid balance, unless stated differenetly on invoice. Fee may be assessed without notice.
BROKEN CASE ORDERS
An additional charge of $20 per case will be applied to broken case orders.
CREDIT CARDS
LITETRONICS accepts Visa, Master Card, and American Express for payment. Credit card payments for merchandise will be accepted and processed only at the time the order is shipped and invoiced.
FREIGHT
Free prepaid freight is based on a minimum order of $1,000. The customer is responsible for all freight charges on merchandise order quantities below the minimum.
DROP SHIPPING
Litetronics can drop ship your order.
BACK ORDERS AND DISCONTINUED PRODUCTS
All back ordered products will be shipped as soon as they are made available. Customers will be notified of back orders, and product status can be obtained any time from a Customer Service Representative. The customer will be notified if an ordered product has been discontinued. If available, a substitute product will be recommended.
DAMAGED GOODS
Credit will not be issued for goods damaged in transit unless the shipping documents are marked as such at the time of receipt.
ADDITIONS OR CANCELLATIONS TO AN EXISTING ORDER
Litetronics will do its best to accommodate changes or additions to an existing order. Additions to an existing order that has already been shipped will be treated as a new order, subject to the same terms and conditions. Cancellation of all or part of an existing order will be processed if possible; however, Litetronics cannot be held responsible for merchandise that has already been shipped or is in the process of being shipped. This policy does not apply to private label orders.
RETURNS
No returns shall be made without prior approval. Invoice number and order date must be supplied. A Returned Merchandise Authorization (RMA) to return merchandise must be requested within 45 days from the date of the invoice. All returned merchandise is subject to a 20% restocking fee plus freight. Discontinued merchandise may not be returned at any time. The RMA number must be clearly listed on the packing slip to be accepted and credit given.
CHOICE OF LAW AND JURISDICTION
Any disputes arising out of the purchase and delivery of goods sold shall be governed by the laws of the State of Illinois. By accepting these goods, you are consenting to the exclusive jurisdiction and venue of the courts of the State of Illinois or the Federal District Court for the Northern District of Illinois, located in Cook County, Illinois.
ACCEPTANCE OF TERMS
Unless otherwise agreed to in writing signed by both Litetronics and Customer, the Terms and Conditions set forth herein shall be final and binding. Any other terms and conditions set forth in Customer's Purchase Order or other acceptnce shall not cancel, alter, or otherwise amend the above terms.
INDEMNIFICATION
You agree to indemnify and hold harmless Litetronics International, Inc. and its sister companies, subsidiaries, affiliates, service providers, end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms and Conditions of Use, or your violation of any law, regulation or third-party right.
COPYRIGHT COMPLAINTS
Litetronics International, Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 800-860-3392.
APPLICABLE LAW
By visiting Litetronics.com, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Litetronics International, Inc. or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Litetronics.com or to products you purchase through Litetronics.com shall be submitted to confidential arbitration in Chicago, IL, except that, to the extent you have in any manner violated or threatened to violate Litetronics International, Inc.'s intellectual property rights, Litetronics International, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all policies posted on this site. These policies also govern your visit to Litetronics.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Litetronics International, Inc.
4101 W. 123rd Street
Alsip, IL 60803
http://www.litetronics.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Litetronics International, Inc.’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Litetronics International, Inc. and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Litetronics International, Inc.’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Litetronics International, Inc. Legal Department
4101 W. 123rd Street
Alsip, IL 60803
E-mail: Legal@litetronics.com
GENERAL
No delay or failure to take action under this Terms of Use shall constitute any waiver by Litetronics International, Inc. of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Litetronics International, Inc.’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Illinois without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Cook County, in the State of Illinois. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Litetronics International, Inc. may freely assign this Terms of Use without consent or notice. This Terms and Conditions of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Litetronics International, Inc. and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last Modified August 26, 2008
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
INDIVIDUAL PRODUCT WARRANTIES VARY. SEE YOUR WARRANTY BELOW FOR DETAILS. LITETRONICS INTERNATIONAL, INC. WARRANTS TO BUYER THAT LITETRONICS INTERNATIONAL, INC. PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR THE LISTED WARRANTY PERIOD. ANY DEFECTIVE LITETRONICS PRODUCT THAT FAILS DURING THE APPLICABLE WARRANTY WILL BE REPLACED FREE OF CHARGE, EXCLUSIVE OF LABOR. THE DEFECTIVE PRODUCT MUST BE UNBROKEN AND RETURNED TO LITETRONICS. LITETRONICS’ OBLIGATION IS LIMITED TO THE REPLACEMENT OF PRODUCTS THAT ARE PROVEN TO BE DEFECTIVE. THE FULL WARRANTY PERIOD, FOR ANY DEFECTIVE LITETRONICS PRODUCT ACTUALLY PURCHASED BY THE BUYER, WILL APPLY TO ITS REPLACEMENT.
LITETRONICS PRODUCTS, AT THE TIME OF DELIVERY, WILL TEST CORRECTLY AT THEIR RATED WATTS, VOLTS, LUMENS AND AMPERES, SUBJECT TO MANUFACTURING TOLERANCES AS PRESCRIBED BY THE U.S. BUREAU OF STANDARDS. THESE WARRANTIES AND REMEDIES DO NOT APPLY TO ANY PRODUCTS OR PARTS THAT HAVE BEEN SUBJECT TO MISUSE (INCLUDING ANY USE IN VIOLATION OF LITETRONICS INTERNATIONAL, INC. INSTRUCTION), AND NEGLECT (INCLUDING INADEQUATE MAINTENANCE, IMPROPER STORAGE, INCORRECT INSTALLATION OR PRODUCTS THAT HAVE BEEN DAMAGED IN TRANSIT).
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. LITETRONICS INTERNATIONAL, INC. WILL NOT, UNDER ANY CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, LOSS OF USE OR DAMAGE TO ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF BUYER’S CUSTOMERS.
LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THIS AGREEMENT OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER, SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT OR SHIPMENT THAT GIVES RISE TO THE CLAIM. THIS WARRANTY IS VOID IF PAYMENT IN FULL IS NOT MADE IN ACORDANCE WITH THE INVOICE TERMS. WARRANTY PERIODS BECOME EFFECTIVE WITH THE DATE OF PURCHASE.
THIS SITE IS PROVIDED BY LITETRONICS INTERNATIONAL, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. LITETRONICS INTERNATIONAL, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LITETRONICS INTERNATIONAL, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LITETRONICS INTERNATIONAL, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LITETRONICS INTERNATIONAL, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LITETRONICS INTERNATIONAL, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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WARRANTIES
INCANDESCENT LAMPS
LESS THAN 9,000 HOUR LAMPS 6 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 6 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 6 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
9,000-10,000 HOUR 12 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 12 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 12 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
20,000 HOURS 24 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 24 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 24 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
SIGN LAMP APPLICATIONS 12 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 12 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 12 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
HALOGEN
LESS THAN 5,000 HOURS 3 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 3 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 3 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
5,000 HOURS 6 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 6 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 6 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
10,000 HOURS 12 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 12 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 12 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
FLUORESCENT
LINEAR T8, T10 AND T12
15,000 HOURS 1 YEAR
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 1 year from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 1 year of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
30,000 HOURS 2 YEARS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 2 years from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 2 years of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
CFL
10,000 HOURS 12 MONTHS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 12 months from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 12 months of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
8,000 HOURS 1 YEAR
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 1 year from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 1 year of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
PFT
10,000-15,000 HOURS 1 YEAR
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 1 year from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 1 year of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
CCFL
25,000 HOURS 2 YEARS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 2 years from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 2 years of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
18,000 HOURS 2 YEARS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 2 years from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 2 years of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
HID
20,000 HOURS OR MORE 2 YEARS
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 2 years from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 2 years of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
LESS THAN 20,000 HOURS 1 YEAR
LIMITED WARRANTY
This Litetronics International, Inc. product is warranted for a period of 1 year from date of original purchase against defects in materials and workmanship. If this product should fail to operate due to defects in materials or workmanship, return this product to the place of purchase or contact Litetronics customer service at customerservice@litetronics.com. The product must be returned along with an original sales receipt within 1 year of purchase. This product will be repaired or replaced at Litetronics’ option. This warranty is expressly limited to repair or replacement of the product. This warranty gives the customer full legal rights, which vary from state to state.
WARRANTY IS VOID IF PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH THIS PRODUCT IS MANUFACTURED OR IF INVOICE IS NOT PAID IN FULL ACCORDING TO INVOICE TERMS.
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PURCHASE ORDER TERMS AND CONDITIONS
1. SERVICES & DELIVERABLES
Seller agrees to perform the services ("Services") and/or provide the goods or service deliverables (collectively referred to as "Goods"), described in any purchase order, in accordance with the applicable purchase order, scope of work and with these Terms and Conditions ("Agreement"). Upon acceptance of a purchase order, shipment of Goods or commencement of a Service, Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable purchase order, whether Seller acknowledges or otherwise signs this Agreement or the purchase order, unless Seller objects to such terms in writing prior to shipping Goods or commencing Services.
This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded or otherwise altered, except by writing signed by an authorized Litetronics representative. Any terms or conditions contained in any acknowledgment, invoice or other communication of Seller, which are inconsistent with the terms and conditions herein, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such assent. Litetronics hereby reserves the right to reschedule any delivery or cancel any purchase order issued at any time prior to shipment of the Goods or prior to commencement of any Services. Litetronics shall not be subject to any charges or other fees as a result of such cancellation.
2. DELIVERY
Time is of the essence. Delivery of Goods shall be made pursuant to the schedule, via the carrier and to the place specified on the face of the applicable purchase order. Litetronics reserves the right to return, shipping charges collect, all Goods received in advance of the delivery schedule. If no delivery schedule is specified, the order shall be filled promptly and delivery will be made by the most expeditious form of land transportation. If no method of shipment is specified in the purchase order, Seller shall use the least expensive carrier. In the event Seller fails to deliver the Goods within the time specified, Litetronics may, at its option, decline to accept the Goods and terminate the Agreement or may demand its allocable fair share of Seller's available Goods and terminate the balance of the Agreement. Seller shall package all items in suitable containers to permit safe transportation and handling. Each delivered container must be labeled and marked to identify contents without opening and all boxes and packages must contain packing sheets listing contents. Litetronic's purchase order number must appear on all shipping containers, packing sheets, delivery tickets and bills of lading.
3. IDENTIFICATION, RISK OF LOSS & DESTRUCTION OF GOODS
Seller assumes all risk of loss until receipt by Litetronics. Title to the Goods shall pass to Litetronics upon receipt by it of the Goods at the designated destination. If the Goods ordered are destroyed prior to title passing to Litetronics, Litetronics may at its option cancel the Agreement or require delivery of substitute Goods of equal quantity and quality. Such delivery will be made as soon as commercially practicable. If loss of Goods is partial, Litetronics shall have the right to require delivery of the Goods not destroyed.
4. PAYMENT
As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Litetronics as provided herein, Litetronics shall pay Seller (i) the amount agreed upon and specified in the applicable purchase order, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts and government imposed surcharges shall be stated separately on Seller's invoice. Payment is made when Litetronics’ check is mailed. Payment shall not constitute acceptance. All personal property taxes assessable upon the Goods prior to receipt by Litetronics of Goods conforming to the purchase order shall be borne by Seller. Seller shall invoice Litetronics for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Litetronics within ninety (90) days of completion of the Services or delivery of Goods and must reference the applicable purchase order, and Litetronics reserves the right to return all incorrect invoices. Litetronics will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Litetronics or Seller in connection with or based on the Goods or Services provided.
5. WARRANTIES
5.1 Services: Seller represents and warrants that all Services shall be completed in a professional, workmanlike manner, with the degree of skill and care that is required by current, good and sound professional procedures. Further, Seller represents and warrants that the Services shall be completed in accordance with applicable specifications and shall be correct and appropriate for the purposes contemplated in this Agreement. Seller represents and warrants that the performance of Services under this Agreement will not conflict with, or be prohibited in any way by, any other agreement or statutory restriction to which Seller is bound.
5.2 Goods: Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials and workmanship and shall conform to all applicable specifications for a period of fifteen (15) months from the date of delivery to Litetronics or for the period provided in Seller's standard warranty covering the Goods, whichever is longer. Seller hereby agrees that it will make spare parts available to Litetronics for a period of five (5) years from the date of shipment at Sellers then current price, less applicable discounts. Additionally, Goods purchased shall be subject to all written and oral express warranties made by Seller's agents. All warranties shall be construed as conditions as well as warranties and shall not be exclusive. Seller shall furnish to Litetronics Seller's standard warranty and service guaranty applicable to the Goods. All warranties and Service guaranties shall run both to Litetronics and to its customers.
If Litetronics identifies a warranty problem with the Goods during the warranty period, Litetronics will promptly notify Seller of such problems and will return the Goods to Seller, at Seller's expense. Within five (5) business days of receipt of the returned Goods, Seller shall, at Litetronics’ option, either repair or replace such Goods, or credit Litetronics’ account for the same. Replacement and repaired Goods shall be warranted for the remainder of the warranty period or three (3) months, whichever is longer.
6. INSPECTION
Litetronics shall have a reasonable time after receipt of Goods or Service deliverables and before payment to inspect them for conformity hereto, and Goods received prior to inspection shall not be deemed accepted until Litetronics has run an adequate test to determine whether the Goods conform to the specifications hereof. Use of a portion of the Goods for the purpose of testing shall not constitute an acceptance of the Goods. If Goods tendered do not wholly conform with the provisions hereof, Litetronics shall have the right to reject such Goods. Nonconforming Goods will be returned to Seller freight collect and risk of loss will pass to Seller upon Litetronics’ delivery to the common carrier.
7. INDEPENDENT CONTRACTOR
Litetronics is interested only in the results obtained under this Agreement; the manner and means of achieving the results are subject to Seller's sole control. Seller is an independent contractor for all purposes, without express or implied authority to bind Litetronics by contract or otherwise. Neither Seller nor its employees, agents or subcontractors ("Seller's Assistants") are agents or employees of Litetronics, and therefore are not entitled to any employee benefits of Litetronics, including but not limited to, any type of insurance. Seller shall be responsible for all costs and expenses incident to performing its obligations under this Agreement and shall provide Seller's own supplies and equipment.
8. SELLER RESPONSIBLE FOR TAXES AND RECORDS
Seller shall be solely responsible for filing the appropriate federal, state and local tax forms, including, without limitation, a Schedule C or a Form 1020, and paying all such taxes or fees, including estimated taxes and employment taxes, due with respect to Seller's receipt of payment under this Agreement. Seller further agrees to provide Litetronics with reasonable assistance in the event of a government audit. Litetronics shall have no responsibility to pay or withhold from any payment to Seller under this Agreement, any federal, state or local taxes or fees. Litetronics will regularly report amounts paid to Seller by filing Form 1099-MISC with the Internal Revenue Service.
9. INSURANCE
Seller shall be solely responsible for maintaining and requiring Seller's Assistants to maintain such adequate health, auto, workers' compensation, unemployment compensation, disability, liability, and other insurance, as is required by law or as is the common practice in Seller's and Seller's Assistants' trades or businesses, whichever affords greater coverage. Upon request, Seller shall provide Litetronics with certificates of insurance or evidence of coverage before commencing performance under this Agreement. Seller shall provide adequate coverage for any Litetronics property under the care, custody or control of Seller or Seller's Assistants.
10. INDEMNITY
Seller shall indemnify, hold harmless, and at Litetronics’ request, defend Litetronics’ its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses and expenses, including attorneys' fees and cost of suit arising out of or in any way connected with the Goods or Services provided under this Agreement, including, without limitation, (i) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs, (ii) Seller failing to satisfy the Internal Revenue Service's guidelines for an independent contractor, (iii) any claim based on the negligence, omissions or willful misconduct of Seller or any Seller's Assistants, and (iv) any claim by a third party against Litetronics alleging that the Goods or Services, the results of such Services, or any other products or processes provided under this Agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes. Seller shall not settle any such suit or claim without Litetronics’ prior written approval. Seller agrees to pay or reimburse all costs that may be incurred by Litetronics in enforcing this indemnity, including attorneys' fees.
Should Litetronics’ use, or use by its distributors, subcontractors or customers, of any Goods or Services purchased from Seller be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at is sole cost and expense, either (a) substitute fully equivalent non-infringing Goods or Services; (b) modify the Goods or Services so that they no longer infringe but remain fully equivalent in functionality; (c) obtain for Litetronics, its distributors, subcontractors or customers the right to continue using the Goods or Services; or (d) if none of the foregoing is possible, refund all amounts paid for the infringing Goods or Services.
11. CONFIDENTIALITY
Seller will acquire knowledge of Litetronics Confidential Information (as defined below) in connection with its performance hereunder and agrees to keep such Litetronics’ Confidential Information in confidence during and following termination or expiration of this Agreement. "Litetronics’ Confidential Information" includes but is not limited to all information, whether written or oral, in any form, including without limitation, information relating to the research, development, products, methods of manufacture, trade secrets, business plans, customers, vendors, finances, personnel data, Work Product (as defined herein) and other material or information considered proprietary by Litetronics relating to the current or anticipated business or affairs of Litetronics which is disclosed directly or indirectly to Seller. In addition, Litetronics’ Confidential Information means any third party's proprietary or confidential information disclosed to Seller in the course of providing Services or Goods to Litetronics. Litetronics Confidential Information does not include any information (i) which Seller lawfully knew without restriction on disclosure before Litetronics disclosed it to Seller, (ii) which is now or becomes publicly known through no wrongful act or failure to act of Seller, (iii) which Seller developed independently without use of the Litetronics Confidential Information, as evidenced by appropriate documentation, or (iv) which is hereafter lawfully furnished to Seller by a third party as a matter of right and without restriction on disclosure. In addition, Seller may disclose Confidential Information which is required to be disclosed pursuant to a requirement of a government agency or law so long as Seller provides prompt notice to Litetronics of such requirement prior to disclosure.
Seller agrees not to copy, alter or directly or indirectly disclose any Litetronics Confidential Information. Additionally, Seller agrees to limit its internal distribution of Litetronics Confidential Information to Seller's Assistants who have a need to know, and to take steps to ensure that the dissemination is so limited, including the execution by Seller's Assistants of nondisclosure agreements with provisions substantially similar to those set forth herein. In no event will Seller use less than the degree of care and means that it uses to protect its own information of like kind, but in any event not less than reasonable care to prevent the unauthorized use of Litetronics Confidential Information.
Seller further agrees not to use the Litetronics Confidential Information except in the course of performing hereunder and will not use such Litetronics Confidential Information for its own benefit or for the benefit of any third party. The mingling of the Litetronics Confidential Information with information of Seller shall not affect the confidential nature or ownership of the same as stated hereunder. Seller agrees not to design or manufacture any products which incorporate Litetronics Confidential Information. All Litetronics Confidential Information is and shall remain the property of Litetronics. Upon Litetronics’ written request or the termination of this Agreement, Seller shall return, transfer or assign to Litetronics all Litetronics Confidential Information, including all Work Product, as defined herein, and all copies thereof.
12. OWNERSHIP OF WORK PRODUCT
For purposes of this Agreement, "Work Product" shall include, without limitation, all designs, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived or developed by Seller alone or with others which result from or relate to the Services performed hereunder. Standard Goods manufactured by Seller and sold to Litetronics without having been designed, customized or modified for Litetronics do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Litetronics. Seller hereby agrees to irrevocably assign and transfer to Litetronics and does hereby assign and transfer to Litetronics all of its worldwide right, title and interest in and to the Work Product including all associated intellectual property rights. Litetronics will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name or to follow any other procedure that Litetronics deems appropriate. Seller agrees: (a) to disclose promptly in writing to Litetronics all Work Product in its possession; (b) to assist Litetronics in every reasonable way, at Litetronics’ expense, to secure, perfect, register, apply for, maintain, and defend for Litetronics’ benefit all copyrights, patent rights, mask work rights, trade secret rights, and all other proprietary rights or statutory protections in and to the Work Product in Litetronics’ name as it deems appropriate; and (c) to otherwise treat all Work Product as Litetronics’ Confidential Information as described above. These obligations to disclose, assist, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Litetronics to Seller shall remain the sole property of Litetronics.
Seller will ensure that Seller's Assistants appropriately waive any and all claims and assign to Litetronics any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Litetronics or its direct or indirect customers, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product.
Litetronics will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities or trade secret or Litetronics Confidential Information, unless (i) such works relate to Litetronics’ business, or Litetronics actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Litetronics.
13. NONINTERFERENCE WITH BUSINESS
During and for a period of two years immediately after the termination or expiration of this Agreement, Seller agrees not to unlawfully interfere with the business of Litetronics in any manner, and further agrees not to solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with Litetronics.
14. TERMINATION
Litetronics may terminate this Agreement upon written notice to Seller if Seller fails to perform or otherwise breaches this Agreement, files a petition in bankruptcy, becomes insolvent, or dissolves. In the event of such termination, Litetronics shall pay Seller for the portion of the Services satisfactorily performed and those conforming Goods delivered to Litetronics through the date of termination, less appropriate offsets, including any additional costs to be incurred by Litetronics in completing the Services.
Litetronics may terminate this Agreement, or any Service(s), for any other reason upon thirty (30) days' written notice to Seller. Seller shall cease to perform Services and/or provide Goods under this Agreement on the date of termination specified in such notice. In the event of such termination, Litetronics shall be liable to Seller only for those Services satisfactorily performed and those conforming Goods delivered to Litetronics through the date of termination, less appropriate offsets.
Upon the expiration or termination of this Agreement for any reason: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration; and (b) Seller will promptly notify Litetronics of all Litetronics Confidential Information or any Work Product in Seller's possession and, at the expense of Seller and in accordance with Litetronics’ instructions, will promptly deliver to Litetronics all such Litetronics Confidential Information and/or Work Product.
15. REMEDIES
If Seller breaches this Agreement, Litetronics shall have all remedies available by law and at equity. For the purchase of Goods, Seller's sole remedy in the event of breach of this Agreement by Litetronics shall be the right to recover damages in the amount equal to the difference between market price at the time of breach and the purchase price specified in the Agreement. No alternate method of measuring damages shall apply to this transaction. Seller shall have no right to resell Goods for Litetronics' account in the event of wrongful rejection, revocation of acceptance, failure to make payment or repudiation by Litetronics and any resale so made shall be for the account of Seller.
16. FORCE MAJEURE
Litetronics shall not be liable for any failure to perform including failure to (i) accept performance of Services or, (ii) take delivery of the Goods as provided caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action, accident, labor difficulties or shortage, inability to obtain materials, equipment or transportation. In the event Litetronics is so excused, either party may terminate the Agreement and Litetronics shall at its expense and risk, return any Goods received to the place of shipment.
17. SEVERABILITY
If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL LITETRONICS BE LIABLE TO SELLER OR SELLER'S ASSISTANTS, OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER OR NOT LITETRONICS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
19. ASSIGNMENT; WAIVER
Seller may not assign this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of Litetronics. Any assignment or transfer without such written consent shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of Litetronics without restriction. A waiver of any default hereunder or of any term or condition of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
20. NONEXCLUSIVE AGREEMENT
This is not an exclusive agreement. Litetronics is free to engage others to perform Services or provide Goods the same as or similar to Seller's. Seller is free to, and is encouraged to, advertise, offer and provide Seller's Services and/or Goods to others; provided however, that Seller does not breach this Agreement.
21. NOTICES
Except for Purchase Orders which may be sent by local mail, facsimile transmission, or electronically transmitted, all notices, and other communications hereunder shall be in writing, and shall be addressed to Seller or to an authorized Litetronics representative, and shall be considered given when (a) delivered personally, (b) sent by confirmed telex or facsimile, (c) sent by commercial overnight courier with written verification receipt, or (d) three (3) days after having been sent, postage prepaid, by first class or certified mail.
22.SURVIVAL OF OBLIGATIONS
Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
23. GOVERNING LAW
This Agreement shall be construed in accordance with, and disputes shall be governed by, the laws of the State of Illinois, excluding its conflict of law rules. The Superior Court of the County of Cook or the United States District Court for the Northern District of Illinois shall have jurisdiction and venue over all controversies arising out of, or relating to, this Agreement. The applicability of the UN Convention on Contracts for the International Sale of Goods is hereby expressly waived by the parties and it shall not apply to the terms and conditions of this Agreement.
24. ENTIRE AGREEMENT; MODIFICATION
This Agreement is the complete, final and exclusive statement of the terms of the agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. This Agreement may not be varied, modified, altered, or amended except in writing, including a purchase order or a change order issued by Litetronics, signed by the parties. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by Seller. Notwithstanding the foregoing, this Agreement will not supersede or take the place of any written agreement which is signed by both parties and covers the same subject matter as this Agreement or its related purchase orders.
25. COMPLIANCE WITH LAWS
25.1 General: Seller shall comply fully with all applicable US federal, state and local laws in the performance of this Agreement including, but not limited to, all applicable employment, tax, export control and environmental laws.
25.2 Hazardous Materials: If Goods include hazardous materials, Seller represents and warrants that Seller understands the nature of any hazards associated with the manufacture, handling and transportation of such hazardous materials
25.3 Customs: Upon Litetronics’ request, Seller will promptly provide Litetronics with a statement of origin for all Goods and United States Customs documentation for Goods wholly or partially manufactured outside of the United States.
26. INJUNCTIVE RELIEF
Seller acknowledges and agrees that the obligations and promises of Seller under this Agreement are of a unique, intellectual nature giving them particular value. Seller's breach of any of the promises contained in this Agreement will result in irreparable and continuing damage to Litetronics for which there will be no adequate remedy at law and, in the event of such breach, Litetronics will be entitled to seek injunctive relief, or a decree of specific performance.
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CONSUMER PRODUCTS DIVISION
CONSUMER PRODUCTS
If you are looking for lighting products for retail sales or residential applications, please visit Earthmate Lighting at www.EarthMateLighting.com
SOURCING SERVICE DIVISION
SOURCING SERVICES
If you are looking for global sourcing services, please visit SSS Asian Enterprises at www.SSSAsian.com
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