BL Innovative Lighting Ltd. Terms and Conditions
These standard terms and conditions apply to all purchases from and after January 1st, 2014. BL Innovative Lighting reserves the right to update these Terms and Conditions at any time without notice.
Terms of Payment
Subject to credit approval and order acceptance, all accounts for shipments destined within Canada or the United States will be at net thirty days from the date of the invoice. Orders over $20,000 in the currency of the invoice require 50% deposit with the purchase order prior to production, with the balance due prior to delivery of the order. Deposit is non-refundable once production commences. Credit accounts not applied within one calendar year will be cancelled without liability. Orders shipping outside of Canada or the United States must be paid in full prior to production. All payments shall be paid fully without set-off, deduction or counterclaim.
If the purchaser fails to pay any payment due to BL Lighting when due, BL Lighting may recover interest in addition to the payment due at a rate of 1.9% monthly or the maximum amount allowed under applicable law, whichever is less. The purchaser is responsible for any costs of recovery including but not limited to court fees or third party collectors’ fees.
Prices represent those in effect at time of quotation and are subject to change without notice.
No order is final as to BL Innovative Lighting until accepted by BL Innovative lighting. After acceptance, requests to change or cancel orders must be submitted in writing to BL Innovative Lighting; requests are reviewed for approval prior to processing and are subject to any and all costs incurred by BL Innovative Lighting from such change or cancellation including and without limitation, costs for materials purchased and / or work performed by BL Innovative Lighting.
Shipping & Delivery
Purchaser is responsible for payment of all shipping costs including, but not limited to, insurance, customs duties, sales and excise taxes. Certifications or documentations provided by BL Lighting may be subject to extra fees for their preparation. Shipment and Delivery dates are approximate only and not binding. Delivery is FOB BL Lighting’s dock. Title and risk of loss shall pass to the purchaser upon release to carrier.
Freight Allowance – Freight will be paid by BL Lighting for orders where the net amount is greater than US$2000 for orders destined to the continental US and C$1800 for orders destined within Canada, to be carried by BL Innovative Lighting’s choice of carrier, ground service only. Delivery to and receipt by the purchaser or its designated receiver shall constitute full acceptance of the product. If purchaser’s choice of carrier and account # is not specified on the order, or the order does not qualify for pre-paid freight, order will be shipped by BL Innovative Lighting’s choice of carrier, and transportation charges will be added to the invoice.
Materials must be tested by Purchaser upon receiving and prior to installation to ensure they are in working condition and that the order has been received complete; damage and shortage claims must be made within one week of receipt of goods. BL Innovative Lighting makes no warranty as to the suitability of the product for any particular application. All products must be installed in strict adherence to BL Innovative Lighting installation instructions, and in compliance with local and national codes, laws, and regulations.
BL Innovative Lighting warrantees to the original purchaser that each product sold will be free from defects in material and workmanship in its intended use for the period of 1 year from the date of purchase from BL Innovative Lighting. Warranty only applies to BL Innovative Lighting products that have been properly wired, installed and operated within the electrical values, operating ranges, and environmental conditions provided in the specification or installation instructions for such products.
BL Innovative Lighting will not be responsible for damage to any product resulting from improper use, neglect, misuse, negligence, acts of God, external electrical fault, accident, improper operation, or use of any unauthorized product in combination with BL Innovative Lighting products. Warranty shall not apply to damages, defect, or failure to perform resulting from any or repairs, modifications, or alterations made by any person or firm not authorized by BL Innovative Lighting in writing. Warranty shall not apply to BL Innovative Lighting products used other than in accordance with product instructions, products which have been modified or used in conjunction with products not provided by and configured by BL Innovative Lighting; applying all 3rd Party products to BL Innovative Lighting products voids all warranty and liability obligations. All products must be installed in compliance with local and national electrical codes, laws and regulations.
This warranty shall not apply to products not manufactured or supplied by BL Innovative Lighting, or products which have been installed and used in conjunction with BL Innovative Lighting products.
Bulbs and lamps are not covered under warranty.
Third Party Warranties
With respect to products sold but not manufactured by BL Innovative Lighting, no warranty is offered of any kind, express or implied, without limitation to the merchantability or fitness for a particular purpose. BL Innovative Lighting will endeavour to provide the appropriate contacts for these items with their manufacturer.
BL Innovative Lighting warrantees to the original purchaser that each product sold will be free from defects in material and workmanship in its intended use for the period of 1 year from the date of purchase from BL Innovative Lighting. After one year, replacements or repairs will be billed at the standard rate. Returns for warranty issues are subject to the return authorization process outlined in BL Innovative Lighting’s Return Policy. Upon inspection of returned products, BL Innovative Lighting will repair or replace the approved warranty item at its discretion. Warranty does not include removal or reinstallation, including and without exception labour costs or related expenses.
No merchandise may be returned without prior written authorization from BL Innovative Lighting. Returns must be made in accordance with BL Innovative Lighting’s Return Policy, which includes provisions for authorization procedures, packaging, shipment and restocking charges, if applicable. All orders must be professionally installed according to specifications provided by BL Innovative Lighting.
Custom cut lighting is not returnable. Returns because of LED colour will not be accepted. BL Innovative Lighting, may at its sole discretion, accept the return of products for credit less a restocking fee of 30% that the purchaser agrees to pay. Returns must be accompanied by a valid RMA number issued in writing by BL Innovative Lighting and are subject to inspection and final approval of suitability of return, and issuance of a credit less the appropriate restocking fee. Returns for credit will be considered for up to 6 months after invoice date or ship date, whichever is earlier. Consideration of a return and issuance of an RMA does not constitute approval of a credit or refund.
Issuance of a purchase order represents acceptance of these terms.
No Implied Warranties
THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY BL INNOVATIVE LIGHTING WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OF NON INFRINGEMENT AND OR SUITABILITY FOR A PARTICULAR PURPOSE. PURCHASER’S EXCLUSIVE REMEDIES, AND BL INNOVATIVE LIGHTING’S SOLE LIABILITY, FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE THOSE EXPRESSED HEREIN.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BL INNOVATIVE LIGHTING’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR BL INNOVATIVE LIGHTING’S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL BL INNOVATIVE LIGHTING BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT BL LIGHTING HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.