Terms and Conditions


 

 MAG-LED Warranty Terms and Conditions

 

MAGNIFLOOD / MAG-LED warrants our products to be free from defects in materials and workmanship, under normal use and service, for a period of 1 year from date of purchase. This warranty extends to the original buyer or end-user / customer of an authorized MAGNIFLOOD / MAG-LED reseller, and does not apply to fuses, batteries or to any product which has been misused, altered, degraded by use, neglected or damaged by accident or abnormal conditions of operation or handling. All hardware and software must be installed by licensed or certified technicians . MAGNIFLOOD / MAG-LED’s warranty obligation is limited, to refund of the purchase price, or no-charge repair, and/or replacement of defective product or component at MAGNIFLOOD / MAG-LED’s discretion.

Nonfunctioning products must be returned to an authorized MAGNIFLOOD /MAG-LED repair facility within the warranty period. This does not cover labor for removal, reinstallation or shipping of the products to and from our repair facility. The 3 year limited warranty is based on the availability of obtaining faulty material. ( i.e. LEDs, power supplies, lenses, housings, wire, plugs, cords, terminal connections, gaskets) Please contact the dealer or distributor of said material first before contacting the factory to obtain a repair RMA. Any electrical components not manufactured directly by MAGNIFLOOD / MAG-LED are covered only to the extent of the warranty granted by the original equipment manufacturer.

To obtain MAGNIFLOOD / MAG-LED warranty service, contact your nearest authorized MAGNIFLOOD / MAG-LED service facility and provide a description of the difficulty. An RMA number will be sent to you in writing. Ship the product, postage and insurance prepaid, to the nearest authorized service facility. MAGNIFLOOD / MAG-LED assumes no risk for damage in transit. If MAGNIFLOOD / MAG-LED determines failure was caused by misuse, alteration, neglect or damage by accident or abnormal operation or handling conditions, MAGNIFLOOD / MAG-LED will provide an estimate of repair costs and obtain written authorization prior to commencing repairs. The repaired product will be returned to buyer. Transportation will be prepaid and the buyer will be billed for the repair and return transportation charges .

THIS WARRANTY IS PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND IT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAGNIFLOOD / MAG-LED SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF DATA, WHETHER ARISING FROM BREACH OF WARRANTY OR BASED ON CONTRACT, TORT, RELIANCE OR ANY OTHER THEORY.

Since some countries and states do not allow limitation of the term of an implied warranty, or exclusion or limitation of incidental or consequential damages, the limitations and exclusions of this warranty may not apply to every buyer. If any provision of this warranty is held invalid or unenforceable by a court of competent jurisdiction, such holding will not affect the validity or enforceability of any other provision of this warranty.

This warranty does not extend to any losses or damages due to misuse, accident, abuse, normal wear and tear, Buyer’s negligence, unauthorized modification or alteration, use beyond rated capacity, or improper installation, maintenance or application. To the extent that the Buyer or its agent has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or site design for the Products and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. If within thirty (30) days after Buyer’s discovery of any warranty defects within the warranty period or within ten (10) days for quantity discrepancies, Buyer notifies Seller thereof in writing, Seller shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for that portion of the Products found by Seller to be defective or missing. Failure by Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects or shortages. Products repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the warranty period.

LED products unless otherwise specified will reach L70 within 30,000k hours. A min of a 3 MacAdam ellipse shift and a max of 5 MacAdam ellipse shift is an allowable deviation of color shift over the lifetime of operation (50k Hours). LED ratings of Lumens per watt are given at an operating temperature of 25 deg C.

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.

– Adequate records of operating history are kept and available for inspection by MagniFlood / MAG-LED.

– A MagniFlood / MAG-LED 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.

– The Product has been purchased directly from an authorized MagniFlood / MAG-LED distributor/dealer.

– This warranty is limited to purchases 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 MagniFlood / MAG-LED.

THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHEREXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, INDIRECT, SPECIALOR OTHER DAMAGES. SELLER’S AGGREGATE  LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL IN ANY EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT.

 

Terms of sale:

1) The price stated herein shall be in United Stated currency. The price includes all taxes required by law to be paid by Seller and well as charges for boxing and crating unless otherwise specified, but does not include sales. Use, occupation, license, excise or other taxes or license fees, registration fees, or assessments to be paid by Buyer, which may now or hereafter be imposed upon ownership, possession, leasing, renting, operating, control, use, maintenance, delivery or return of said equipment. The pricing does not include charges for tooling or transportation, which shall be the obligation of the Buyer.

2) Payment is due and payable net on receipt of invoice. Time is of the essence. A FINANCE CHARGE OF UP TO ONE AND A HALF PERCENT (1½ %) PER MONTH, OR THE HIGHEST RATE ALLOWABLE BY LAW, IF LESS THAN ONE AND A HALF PERCENT (1 ½%) PER MONTH, WILL BE ADDED TO THE UNPAID BALANCE ON ALL ACCOUNTS NOT PAID IN FULL ON OR BEFORE THE DUE DATE. THE FINANCE CHARGE IS EQUIVALENT TO ANANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT (18%).

3) Regardless of whether the seller or buyer selects the carrier, all shipments are F.O.B shipping point with freight prepaid or collected by Buyer, whichever applicable. Buyer herby acknowledges that title and risk of loss shall pass upon delivery of the goods to the carrier.

4) Seller shall have no liability for any cost whatsoever or damage or loss after delivery to the carrier, Buyer acknowledges that all claims there for including those for inconvenience, delay or expense caused by the transportation company shall only be made against the carriers, and Buyer hereby agrees to indemnify and hold harmless Seller for the same. Under no circumstances shall Buyer deduct any amount for damage in transit from the amount due hereunder.

5) Stated shipping dates, dates of delivery, and dates for performing labor, if any, are approximate, and are not a guaranty of any particular date of shipment, delivery or labor to be performed. Seller shall not be liable for any delay or failure in performance hereunder, or for any damages suffered by Buyer of anyone claiming under Buyer by any reason for such delay, if such delay in performance is due to causes beyond its control, such as acts of God, war, acts of government, fire, flood, strike, delay in transportation, or otherwise. In the event of such delays, Seller may, at is option, cancel this agreement, or delay performance hereunder for any period reasonably necessary due to any of the foregoing causes during which time this agreement shall remain in full force and effect, and Seller shall have the further right to then allocate its available good between its own use and customers in such a manner as Seller may consider equitable, without liability for any failure of performance which may result there from. In the event of a delay or failure of performance not excused under the forgoing, Seller’s liability shall not exceed that portion of the invoice price represented by the quantity of material delayed or not supplied.

6) Seller warrants that the material to be supplied hereunder will conform to the description of the face hereof, subject to the Seller’s standard tolerances for variations and changes in specifications which may be made without notice.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALLWARRANTIES,EXPRESSED OR IMPLIED. THERE ARE NOT WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NOTWARRANTIES WHICH EXTEND BEYONDTHE DESCRIPTION ON THE FACE HEREOF. SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISINGFROM ANY BREACH OFWARRANTY OR ANY DAMAGES FOR NEGLIGENCE. SELLER’S LIABILITY AND BUYER EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO THE REPAIR ORREPLACEMENT, WITHOUT COSTTO THE BUYER, OF DEFECTIVE MATERIALS, OR THE REPAYMENTS OF THE PURCHASE PRICE UPON RETURN OF MATERIALS, OR THE GRANTINGOF A REASONABLE ALLOWANCEON ACCOUNT OF ANY DEFECTS, AS SELLER MAY SOLELY ELECT.

Seller shave have the right at all times to inspect the materials an otherwise investigate Buyer’s claims. Any claim on account of defective materials or for any other causes whatsoever, shall be deemed waived by Buyer unless written notice thereof is given to Seller within thirty (30) days after the date of shipment.

7) If buyer (i) fails to perform any of the terms and conditions to be performed by Buyer , including , without limitation, payment of the purchase price when due, (ii) dissolves or is liquidated, or (iii) is the subject of a proceeding in bankruptcy, insolvency, receivership or assignment for the benefit of creditors, then Seller may , in its sole discretion, without notice (i) defer and shipments or stop materials shipped while in transit until payment in full is made, or until Seller is otherwise satisfied at the Buyers’ financial responsibility and Buyer has give adequate assurance of payment to Seller as requested by Seller (ii)cancel in whole, or in part, an and all orders then outstanding between Seller and Buyer, (iii) declare all sums owing hereunder and under any other agreement, document or instruments between Seller and Buyer, whether now or hereafter existing, to be immediately due and payable, and (iv) exercise any and all other rights and remedies available under applicable law, including, without limitation, the Uniform commerce code of New York . All attorneys’ fees and legal expenses incurred by Seller enforcing the same shall be borne by Buyer.

8) Return of defective products shall be made, TRANSPORTATION CHARGES PREPAID, only with prior written consent of Seller and subject to such conditions as the seller shall specify. Title and risk of loss shall remain with Buyer until said products are returned F.O.B  sellers plant.

9) With respect to any item supplied in accordance with Buyers designs, specifications or instructions, Buyer shall indemnify, defend and hold harmless Seller and its assigns from and against all liability, loss, damage, and expense including reasonable attorney fees, resulting from any actual or claimed trademark, patent or copyright infringement, domestic or foreign, or any litigation based hereon, Such  obligation shall survive acceptance of the goods and payment by Buyer hereunder.

10) Except as otherwise herein provide, and in the even the items supplied hereunder are in accordance with Seller’s design or specifications, Seller shall defend at its expense any suit brought against Buyer based upon a claim that any item provided hereunder infringes and United States Letters Patent, and shall pay costs and damages finally awarded in such suit, provided that (a) Seller is notified promptly in writing of the suit and is given assistance for the defense of the same (b) Seller shave have sole control of the defense of any suit and all negotiations for its settlement and compromise. In the event of a final nonappealable judicial determination is made that an item is furnished hereunder infringes upon a valid United States patent, Seller shall, at its option and expense , either procure the Buyer the right to continue using the item, replace the same with a non-infringing item, or refund the purchase price and transportation cost thereof.

THE FORGING STATES THE ENTIRE LIABILITY OF THE SELLER FOR PATENT INFRINGEMENT. THERESHALL BE NO LIABILITY, CONSEQUENCE OR OTHERWISE, FOR THE USE OF ANY ITEM COVERED BY ANY ADVERSELY HELD PATENT.

11) In connection with the manufacturing of the furnishing of materials hereunder, Seller has complied with federal, state, or local laws or regulations respecting manufacturing, assembly, purchase, or sale of goods

12) No claims for shortage in weight or count with be honored by Seller unless present within one (1) working days after receipt of the goods by Buyer.

13) Seller at Buyers expense, shall provide , keep in good condition and replace when necessary all dies, tools, gauges, fixtures and patterns necessary for the production of any good or materials ordered. Buyer shall be charged for all such tools, or dies, unless herein specified to the contrary. Title for all such tooling and dies shall remain the property of the Seller, notwithstanding any payment made by Buyer. Any tools, dies, and fixture not used in production for a period of two (2) years maybe be scrapped by Seller upon thirty (30) day written notice to Buyer and the proceeds derived there from shall be retained by the Seller.

14) Notwithstanding form language the contrary contain din any purchase order or acknowledgement by Buyer of this transaction, whether received by Seller before or after the date hereof, the failure by Buyer to object to the terms hereof in writing within five (5) day after the day herein or shipment of goods by Seller hereunder, shall unless otherwise mutually agreed to in writing, constitute acceptance by the Buyer of the terms hereof. Any additional or inconsistent term or conditions in Buyer’s purchase order or acknowledgment are not binding on Seller unless agreed to in writing by Seller. No charge modifications or waiver of any other breach or of such provision. Seller’s failure to object to provisions contained in any communications from Buyer shall not be deemed and acceptance of such provisions or as a waiver of the provisions hereof.

15) This invoice supersedes all prior agreements, merges all prior and constitutes the entire agreements between the parties with respect to the subject matter hereof. The terms and conditions hereof shall be binding upon Seller and Buyer, their respective successors and assigns.

16) Buyer agrees that upon acceptance of the goods or payment hereunder, that any action for breach hereunder shall be commenced within one (1) year.

17) This transaction shall be governed by the laws of the State of New York and any action with respect hereto shall be maintained in the State.

18) If the credit application is denied, 50% of the total invoice is due with a written purchase order. No order will be entered into the production schedule until deposit has cleared the bank. The remaining 50% is due before delivery on all orders. No exceptions will be made. All materials ordered that are nonstandard or non-restockable parts from MAGLED and their respectable vendors are NC / NR (Non cancelable and Non returnable).

19) All sales are final. We accept returns for refund or exchange, only for items damaged in transit.

 

Mag-LED Solutions

7200 New Horizons Blvd – North Amityville, NY 11701 tel: 631.226.1000 fax: 631.226.4444 web:www.mag-LED.com

email: sales@mag-led.com

 

Effective 06/2017