LED LIGHTING
LED LIGHTING
LED LIGHTINGLED LIGHTING
U.S. TERMS & CONDITIONS OF SALE
U.S. TERMS & CONDITIONS OF SALE
U.S. TERMS & CONDITIONS OF SALEU.S. TERMS & CONDITIONS OF SALE
(Stated in
(Stated in U.S. Dollars)
(Stated in(Stated in
Sharp LED Lighting, (hereinafter “Sharp”) hereby gives
notice of its objection to any different or additional Terms
and Conditions other than as stated herein and these
Terms and Conditions supersede all those published and
issued previously by Sharp. All sales are expressly made
conditional on Buyer’s consent to the following Terms
and Conditions. Buyer’s acceptance of the provisions of
Sharp’s Terms and Conditions as recited herein shall be
conclusively presumed on Buyer's placement of an order
for goods. These Terms and Conditions constitute the
entire agreement between Sharp and the Buyer, and
supersede other communications between the two
parties, whether written or oral.
PRICING
PRICING - Refer to appropriate price schedule, unless
PRICINGPRICING
otherwise quoted.
TERMS
TERMS - Sharp’s terms are Net 30 Days, unless otherwise
TERMSTERMS
quoted or indicated on the face of Sharp’s invoice.
Remittance address and payee is indicated on the invoice.
Invoices dated the 26th through 31st will be considered as
dated on the first day of the following month. Invoices will
be dated the day of shipment. A service charge of 1 1/2%
per month or, if such rate exceeds the maximum lawful
rate, the maximum lawful rate shall be assessed on all past
due payments and shall be payable on demand.
QUOTATION PRICE P
QUOTATION PRICE PROTECTION
QUOTATION PRICE PQUOTATION PRICE P
shown in the price lists are subject to change without
notice. All quotations on special products or
modifications to catalog items are binding only if
confirmed in writing by the factory for the period shown
on the quotation. Pricing will be firm and assured for a
period of thirty days from date of quotation from Sharp.
SALES AND SIMILAR TAXES
SALES AND SIMILAR TAXES - Sharp’s prices do not
SALES AND SIMILAR TAXESSALES AND SIMILAR TAXES
include Federal, State or Municipal sales, use, excise or
similar taxes. Consequently, in addition to the price
specified herein, the amount of any present or future
sales, use, excise or other similar tax applicable to the sale
or use of the equipment hereunder, shall be paid by the
Buyer, or, in lieu thereof, the Buyer shall provide Sharp
with a tax exemption certificate acceptable to the taxing
authorities.
ACCEPTANCE OF ORDERS
ACCEPTANCE OF ORDERS - All orders are subject to
ACCEPTANCE OF ORDERSACCEPTANCE OF ORDERS
acceptance by Sharp at its order receipt location and are
subject to these Terms and Conditions. Sharp reserves
the right to select its customers and reject any order.
Sharp will acknowledge its acceptance of an order by
providing an order acknowledgement along with an
estimated ship date to the customer. Additions to orders
are allowed provided the original order has not yet been
released to manufacturing. Any other terms proposed by
Buyer and/or stated in a customer’s purchase order are
ROTECTION - All prices
ROTECTIONROTECTION
U.S. Dollars)
U.S. Dollars)U.S. Dollars)
not allowed unless expressly accepted in writing.
Acceptance of any order is subject to availability of
product and the ability of Sharp to deliver. Orders will be
billed at prices in effect at time of shipment unless
otherwise agreed. We reserve the right to refuse to make
direct shipments to destinations outside Sharp’s normal
trading area. Buyers placing orders that are not appointed
to purchase and sell Sharp products will be referred to the
closest appointed stocking distributor in their area.
DELAY
DELAY - Sharp will use reasonable efforts to meet
DELAYDELAY
shipment or delivery dates specified by Sharp, but such
dates are estimates only. Sharp will not be liable for any
delay or non-delivery in shipping for any reason but not
limited to delay or non-delivery caused directly or
indirectly by Acts of God, fire, flood, strike or lockout or
other labor dispute, accident, civil commotion, riot, war,
governmental regulation or order, whether or not it later
proves to be invalid, or from any other cause or causes
(whether or not similar to any of the foregoing) beyond
Sharp’s control. In no case will Sharp be liable for loss of
profits or any indirect, special, incidental, multiple,
punitive or consequential damages on account of any
delay in delivery or non-delivery whether or not excused
hereunder.
SHIPPING DEFERMENT
SHIPPING DEFERMENT - Buyer requests for shipping
SHIPPING DEFERMENTSHIPPING DEFERMENT
deferment must be approved by Sharp and are subject to
price negotiation.
LIMITED WARRANTY
LIMITED WARRANTY - When installed in accordance
LIMITED WARRANTYLIMITED WARRANTY
with Sharp installation instructions and accepted trade
practices, the following shall apply:
Sharp Electronics Corporation warrants to the first
purchaser (the “Purchaser”) that Sharp brand LED
Luminaires (the “Product”), when shipped in its original
container, will be free from defects in materials and
workmanship, and agrees that it will, at its option, either
repair or provide the Purchaser a replacement of the
defective product or part thereof that is a new or
remanufactured equivalent at no charge to the Purchaser
for parts or labor for the period set forth below, unless
otherwise noted.
General Warranty Period for
General Warranty Period for the
General Warranty Period for General Warranty Period for
other
otherwise
wise stated:
otherother
The warranty period for material defects and
workmanship is 5 years from original purchase from Sharp
or an authorized reseller.
stated:
wisewise
stated:stated:
the Product, unless
Product, unless
thethe
Product, unless Product, unless
Sharp LED Lighting – U.S. Terms & Conditions of Sale Page 1111 of 4444
Effective: 04-01-2013
Application:
Application:
Application:Application:
The warranty will apply only when the Product is used
with products or lighting systems which are installed,
operated, or maintained in accordance with each of the
following:
• The National Electrical Code (NEC)
• The Standards for Safety of the Underwriters
Laboratories, Inc. (UL, ETL, or CSA Listed)
• The Standards of the American National
Standards Institute (ANSI), and
• The specifications supplied by Sharp for the
installation, operation, and maintenance of the
Product.
The warranty will be void in the event the Product is (i)
improperly installed, (ii) damaged, (iii) defaced, or (iv)
subjected to neglect, accidental breakage or misuse,
including but not limited to, failing to operate Product in
accordance with Sharp specifications. Sharp reserves the
right to examine all failed Products and in its sole
discretion to determine whether any Products are
covered under the terms of this Limited Warranty.
This Limited Warranty does not include any Purchaser’s
material or labor costs required to remove, replace, or
ship the Product.
LIMITATION OF LIABILITY:
LIMITATION OF LIABILITY:
LIMITATION OF LIABILITY:LIMITATION OF LIABILITY:
The warranties described herein shall be the sole and
exclusive warranties granted by Sharp and the remedy
described herein shall be the sole and exclusive remedy
available to the Purchaser. Correction of defects, in the
manner and for the period of time described herein, shall
constitute full satisfaction of all claims, whether based on
contract, negligence, strict liability or otherwise. In no
event shall Sharp be liable, or in any way responsible, for
any damages or defects in the Product which were caused
by repairs or attempted repairs performed by anyone
other than an authorized servicer. Nor shall Sharp be
liable or in way responsible for any incidental or
consequential economic, property, or special damage.
Some states do not allow the exclusion of incidental or
consequential damages, so the above exclusion may not
apply to you.
If any provision of the Limited Warranty, or part thereof,
is held or deemed to be invalid, void, or unenforceable,
such holding shall not affect the validity and
enforceability of the remainder of the Limited Warranty,
and such other parts, provisions or clauses of the Limited
Warranty shall be deemed to be severable.
Any charges for labor, materials, etc. that do not have
Any charges for labor, materials, etc. that do not have
Any charges for labor, materials, etc. that do not have Any charges for labor, materials, etc. that do not have
our
our prior
prior written approval before such work is
our our
implemented will not be allowed. Contact
implemented will not be allowed. Contact Sharp
implemented will not be allowed. Contact implemented will not be allowed. Contact
Warranty Services for support. NOTE: Catalog pages
Warranty Services for support. NOTE: Catalog pages
Warranty Services for support. NOTE: Catalog pagesWarranty Services for support. NOTE: Catalog pages
and specification sheets
and specification sheets are for refer
and specification sheetsand specification sheets
written approval before such work is
prior prior
written approval before such work is written approval before such work is
are for reference only.
are for referare for refer
Sharp
SharpSharp
ence only.
ence only. ence only.
Specifications and dimensions may change without
Specifications and dimensions may change without
Specifications and dimensions may change without Specifications and dimensions may change without
notice.
notice.
notice.notice.
FREIGHT ALLOWANCE AND F.O.B. POINT
FREIGHT ALLOWANCE AND F.O.B. POINT - All
FREIGHT ALLOWANCE AND F.O.B. POINTFREIGHT ALLOWANCE AND F.O.B. POINT
sales are F.O.B. shipping point. Risk of loss and title of
goods shall pass to Buyer upon delivery to the designated
carrier. Freight is prepaid and allowed on all shipments of
products with a net order value of $1,000 and above to
destinations within the contiguous United States.
Shipments to Alaska and Hawaii will be made to the
nearest ports of embarkation in the continental U.S. as
prepaid to such points. Consult factory for applicable
Terms and Conditions outside the contiguous United
States. For shipments of products with a net order value
below $1,000, freight shall be paid by Buyer. In such
event, Buyer may select a carrier of its choice. If Buyer
does not, before the order is released to manufacturing,
inform Sharp that it has selected a carrier, then Sharp will
select the carrier and will include freight costs on its
invoice to Buyer.
Sharp reserves the right to select carrier, routing and
method of transportation, including flatbed trailers on all
shipments via least expensive surface route within the
Contiguous United States. Buyer will assume all charges
for transportation specified via more expensive means.
Multiple deliveries for released portions of orders are
routed considering the shortest length of haul.
Acceptance of a specified routing does not constitute a
guarantee of ship date, transit time or arrival date.
Sharp reserves the right to ship all prepaid orders in one
complete shipment. Partial shipments may be made at
our discretion. Sharp will not be responsible for any
cartage or storage charges at destination. Sharp’s
responsibility for exception-free delivery ceases when the
transportation company receives shipment in good
condition. Claims for loss or damage must be reported
directly to the carrier. Sharp’s willingness to assist does
not indicate liability for claim or replacement. All other
charges and services provided by the carrier at the
consignee’s request including but not limited to redelivery
or reconsignment are the responsibility of the customer.
PACKAGING
PACKAGING - Products will be packaged as Sharp
PACKAGING PACKAGING
deems appropriate for protection of goods against
damage due to normal handling. Consult factory for
export packing information or special handling.
PARTIAL RELEASE
PARTIAL RELEASE - If an order has multiple releases
PARTIAL RELEASEPARTIAL RELEASE
specified by the Buyer, each release will be treated as
individual orders, relative to freight allowance and
minimum billing. Sharp will, upon request, make partial
shipments of all our items on a prepaid basis providing the
original order qualified for freight allowance and will ship
the balance of the material on any given order upon
completion of that order. Requests for partial shipments
may include additional freight charges.
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Effective: 04-01-2013