DISTRIBUTOR TERMS AND CONDITIONS

GENERAL TERMS

Pricing: Prices are subject to change without notice. All orders will be shipped at prices prevailing at the time of shipments. 50% deposit balance upon shipping.

Terms: 1% 10 days, net 30 days on approved credit only. An additional charge of 1.5% will be added and billed per invoice per invoice not paid within 30 days of term.

Minimum Order: $150 minimum order.

Sample Program: Clarté Lighting encourages the installation of samples to ensure proper light output and fit. Orders marked as “samples” will be shipped and billed at the distributor price in effect at the time of shipment. Sample orders may be returned on a Clarté Lighting Returned Goods Authorization (RGA) only.

ORDER CANCELLATION

Purchase order cancellation must be received within 5 business days of Clarté’s receipt of order or restock charges will apply.

Returned Merchandise Terms: No merchandise may be returned without prior written authorization. RGA numbers will be issued at the discretion of Clarté Lighting, and must be requested by customer within 90 days of the original shipment. No refunds will be honored, only credit applied to the original account. All material returned must be in original factory cartons. Credit will not be issued for material damaged in shipment.
All material returns except for “samples” will be subject to a minimum 25% handling, testing, and repackaging charge except for products that are defective due to workmanship and materials. “Specials” and custom made items may not be returned except for manufacturing defects.

Freight Terms: Alaska, Hawaii, and exports orders will be prepaid with transportation charges added to the invoice. Freight charges within the continental 48 states will be prepaid and allowed for Zones 1, 2, and 3 as follows:
Zone 1 West $2000
Zone 2 Mid-West $2500
Zone 3 East $3000
For areas not listed and orders not qualified for prepaid freight, orders will be shipped prepaid with transportation charges added to invoice. Clarté will select the carrier for all prepaid shipments. For shipments will collect transportation charges, the customer may designate the carrier.

Merchandise and Claim Terms: All shipments will be made F.O.B. Clarté. Title to all merchandise shall pass from Clarté to the customer upon execution of the bill lading or tender of freight to the carrier’s agent or customer’s agent, whichever occurs first. All claims for loss or damage in transit must be made by consignee to carrier. If the shipment was made by United Parcel Service, all claims for loss or damage must be referred to Clarté.

 CONDITIONS OF SALE

General: Acceptance of orders by Clarté Lighting is expressly limited to the terms and conditions set forth herein. Any conflicts contained in the customer’s order with Clarté Lighting’s terms and conditions, Clarté Lighting’s terms and conditions shall prevail.

Limited Warranty and Obligation: All products manufactured by Clarté Lighting are warranted to be free from defects in workmanship and materials. Clarté Lighting’s obligation is expressly or limited to repair replacement as its option, without charge, at Clarté Lighting’s factory for a period of seven full years from the date of shipment (effective 06/01/2016). Clarté Lighting further reserves the right to examination of alleged defective product, or other proof, satisfactory to Clarté Lighting, of the defect. Fixtures must be installed in applications where the ambient plenum temperature does not exceed 104˚F (40˚C) during normal operation and/or where existing housing does not allow adequate air flow where temperature exceeds 104˚F (40˚C). Clarté Lighting excludes any responsibility for labor or freight expenses incurred by the purchaser of other servicing any such claim during the warranty period.
This warranty does not apply to Clarté Lighting products which have been altered outside Clarté Lighting’s factory, or have been subject to neglect, misuse, abuse or accident (including shipping damages). This limited warranty does not apply to products not manufactured by Clarté Lighting which have been installed or used in conjunction with Clarté Lighting products. Lightbulbs shipped with Clarté Lighting products are not warranted by Clarté Lighting. This limited warranty is in lieu of all other warranties, expressed or implied. There are no warrantied which extend beyond the description of the product on the company’s literature setting forth the conditions of sale.
Clarté Lighting assumes no responsibility for labor cost in conjunction with the installation, removal or replacement of warranted products, or for any consequential damages. Clarté Lighting further reserves the right to refuse to honor the above warranty for any product(s) altered, improperly installed or installed in applications for which not intended.

 COMPANY CONFIDENTIAL

The information contained herein is considered proprietary to and a trade secret of Clarté Lighting and shall not be reproduced in whole or in part without the prior written permission of Clarté Lighting.


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