|TERMS, CONDITIONS AND WARRANTY|
|Voigt Lighting reserves the rights to all copy, content, charts, photographs, and separate literature documents contained within this website. Any duplication from this website, without prior expressed written consent of Voigt Lighting , is strictly prohibited. ©2011 Voigt Lighting.STATEMENT OF LIMITED WARRANTY FOR Voigt Lighting PRODUCTS FOR SHIPMENT WITHIN THE UNITED STATES AND CANADA.TERMS AND CONDITIONS|
Standard Terms and conditions for all Sales and Purchases between the company and its customers shall apply and be established.Purchase Orders:All purchase orders will be accepted only to the extent that they reflect the terms and conditions as established by Voigt Lighting and any of its subsidiaries. Upon taking possession at FOB point of any portion of any of the goods ordered as set forth in the invoice customer consents to such terms as set forth. Any specific objection to our policies must be received in writing within 5 days from receipt of purchase order confirmation. All orders will be considered accepted with or without being officially acknowledged by Voigt in writing and then only as stated in the acknowledgement if such.
All special orders, meaning any modified products or custom made products are accepted on a non cancelled basis. Any cancellation accepted by Voigt may accompany a cancellation charge for various labor, materials and other special efforts and expenditures as deemed by Voigt Lighting. Voigt reserves the right to modify existing designs to improve appearance and / or function and is not responsible for catalog errors.
Terms of Payment:Terms of payment of all invoices are Net 30 from date of Invoice.Each shipment shall be considered a separate and independent transaction and payment for each shipment shall be due accordingly. A charge of 2% per month will be imposed for all late payments. In addition the customer shall be liable for all costs and expenses including reasonable attorney fees incurred by the company in their effort to collect any and all past due monies. Any legal disputes will be settled in the State of New Jersey Court Voigt Lighting reserves the right to refuse any customer order without any liability to the company. In the event that a partial shipment remains company shall have the right to cancel the back-order due to payment obligations not being met. The company will not accept any late fees or penalties for late shipments without prior approval. The company reserves the right to modify its payment terms with customers that may not meet its financial responsibilities. Buyer shall be deemed in material default under this agreement if Buyer fails to pay any amounts when due here-under, cancels or attempts to cancel this agreement prior to delivery or otherwise fails to perform any of its obligations here-under or fails to pay the Seller any sums due under this agreement or otherwise. In the event of a material default by the buyer. Seller may suspend its performance, withhold shipments in whole or part, terminate this agreement, declare all sums owing to Seller immediately due and payable, recall any products in transit, retake same and repossess any products held by Seller on Buyers account. Buyer agrees that all products so recalled or shipped back to Seller shall be property of the Seller. Any exercise of the foregoing remedies by Seller shall not preclude exercise of any others, and neither the existence nor exercise of such remedies shall be construed as limiting, in any manner, any rights or remedies available to Seller under the Uniform Commercial Code or other laws. In addition, if the invoice is not paid on time per the terms of the sale, or the customer takes any non approved deductions for any reason then Voigt Lighting will no longer Warranty or service or take any responsibility or provide any future parts or support for these products as well as void any sums owed from seller to buyer.
Payments by Credit card will be subject to a 2% Service Charge to cover banking fees and processing costs.
All payments are or dollar amounts are in US dollars.
PRICING:All published price lists and quotes are subject to change. In the event of any price increase in raw materials or other all orders in house will be honored at the agreed upon price. All quotes that are past 30 days may be subject to a price increase in accordance with the company policy at that time.
FREIGHT TERMS:Freight on shipments over $9500.00 in value is allowed within the contiguous 48 states. Lesser value shipments customer is responsible for freight charges. All goods are shipped at the customer’s risk. Please note that any storage charges or other charged by the carrier resulting from customer requirements, including failure to accept delivery in a timely manner shall be the responsibility of the customer.
WARRANTY: Voigt Lighting will replace FOB its factory any product sold which is determined by the manufacturer to be defective in material or workmanship, provided such claim is made within one year of shipment. Such replacement of defective products on the above basis is the limit of the manufacturer’s responsibility and no other claims can be allowed. Equipment including without limitation ballasts, power supplies and lamps furnished as components in the company’s products carries only the warranty of the manufacturer thereof, if any. Voigt sells same as is. These types of components if defective under warranty should be delivered by the customer to the designated manufacturer as directed by that manufacturer.Under no circumstance and without limitation shall the company be liable for any indirect or special circumstances or damages of the customer, such as, but certainly not limited to loss of any anticipated profits, or other monetary loss in connection with or coming from the use, sale or delivery or non delivery of Voigt’s products that are sold pursuant to the standard terms and conditions of the sale and also invoiced to the customer. Any products purchased that are for government contracts or subcontracts. No government requirements or regulations shall be binding upon the seller unless a specific agreement by Seller stating otherwise is obtained in writing.
Default/ Termination: The buyer may terminate this agreement if Seller materially defaults in the performance of its obligations here-under and fails to cure such default within 90 days after written notice thereof from buyer. Such termination shall be buyer’s sole remedy in the event of default by seller. Buyer is deemed to be in material default under this agreement if buyer fails to pay any amounts when due here-under, cancels or attempts to cancel this agreement prior to delivery or refuses delivery or otherwise fails to pay seller any sums due under any other agreement or otherwise. In the event of material default by the buyer, the seller may upon written notice to buyer suspend its performance and withhold shipments in whole or part. Terminate this agreement and declare all sums owing to seller immediately due and payable and/ or recall any products in transit, retake same and repossess any products held by seller for buyers account, without the necessity of any further proceedings. Buyer agrees that all products recalled, taken or repossessed shall be property of the seller, provided the buyer is given credit therefore. Sellers aggregate liability in damages or otherwise shall not exceed the amount, if any received by Seller here-under. In no event shall seller be liable for incidental, consequential or special loss or any damages of any type, however caused, or any punitive exemplary damages, no action regardless of form, arising out of or in any way connected to this agreement , products, services furnished by seller may be brought by buyer more then 1 year after cause of action accrued. In the event of any default payment of purchase price on any purchase order , buyer agrees to pay Sellers Expenses including reasonable legal fees and expenses incurred by Seller in enforcing payment thereof, including all expenses that are incurred with any judicial or arbitration proceedings of any sort. The invalidity or unenforceable in whole or part of any provision herein shall not affect the validity or enforce-ability of any of the provisions of this agreement. Failure of either party to exercise any right, power, privilege or remedy herein shall not constitute a waiver thereof.
Voigt Lighting LED Limited Warranty
Voigt Lighting warrants to the original purchaser for product that has been delivered to be free from defects in material and workmanship for up to 5 years from date of shipment. Electronics warranty is that stated by the said manufacturer supplied in the product. The LEDs / LED arrays in a Product shall be considered to be defective in material or workmanship only (i) when 15% or more of the individual LEDs in such Product are not illuminated.
Voigt Lighting will repair, or at our option replace the defective product within the standard warranty period. If for any reason the product was not handled properly, installed properly or was maintained inappropriately then the warranty is not valid. Any defects from acts beyond normal operation, ie; acts of God, or vandalism of any type are also not covered.
Any defect must be reported within 30 days of the occurrence.
This warranty excludes field labor charges or service charges related to the repair or replacement of any of the parts, or the fixture itself._________________________________________________________________________________________________We reserve the right to change the company’s warranty period without any prior notice and without any obligation and disclaim all warranties not stated in this limited
THE FOREGOING WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, AND VOIGT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE
PRODUCT(S), WHETHER ORAL, WRITTEN OR ARISING BY COURSE OF
DELAYING OF TRADE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NO AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF VOIGT
PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY
WITHOUT THE EXPRESS WRITTEN AUTHORIZATION FROM VOIGT LIGHTING.
The total liability of Voigt Lighting on any claim of any kind whether in contract or warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from Voigts performance or breach of this warranty, or from Voigts sale, delivery or resale, repair or replacement of any products or the furnishing of any services, shall in no event exceed the purchase price allocable to the products that give rise to the claim, and any such liability shall terminate upon expiration of the warranty period as specified above. In no Event shall Voigt be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, even if informed of the possibility of such damages, whether as the result of breach of contract, warranty, tort including negligence, strict liability, or any other damages or any other theory, including without limitation labor or equipment required to remove and or reinstall original or replacement parts , loss of time, profits or revenues, lack or loss of productivity, interest charges or cost of capital, cost of substitute equipment, systems, services, or downtime costs, damage to or loss of use of property or equipment or any other inconvenience, arising out of breach of the foregoing warranty or obligations under such warranty.
RETURN GOODS:Standard products will be accepted for return only if accompanied by a written return authorization from Voigt and per the terms and conditions stated in the return authorization. Custom made or modified products will not be accepted. Return shipments must be prepaid and shipped directly to our factory at 79 Commerce Street, Garfield, NJ 07026. Deductions from remittances will not be allowed unless a written authorization was obtained from the company only. All goods returned must be in new unopened cartons. A 25% service charge will be charged on all returns. Customer is responsible for all freight both incoming and outgoing. Any credit issued will be only for the amount received. We reserve the right to limit the returns to 10% of the value of the job, unless the material is being exchanged through the company for other material provided for by the company.
CLAIMS:Claims for Damaged goods or Shortages must be made directly with the appropriate carrier, by Purchaser, upon receipt of shipment.
ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties and supersedes all prior negotiations, proposals, agreements and understandings, whether written or oral, relating to the subject matter of this agreement. Any representation, warranty, course of dealing, or trade usage not expressly contained or referenced herein shall not be binding to seller.