These Terms and Conditions apply to products purchased directly from EnoLED Inc. (“EnoLED”) by distributors, dealers,partners, resellers and other commercial buyers (each, a “Buyer”). By submitting an order that EnoLED accepts, the Buyeragrees to these Terms and Conditions. Any different or additional terms in a Buyer purchase order or other document willnot apply unless EnoLED expressly agrees to them in writing.
1.1 Freight Allowance – United States (48 Contiguous States)
1.2 Freight Allowance – Canada, Alaska, Hawaii, Puerto Rico and the Caribbean Islands
1.3 Carrier, Drop Shipping and Expedited Service
1.4 Delivery Schedule
Shipping and delivery dates are estimates and depend on EnoLED receiving complete and timely order information. EnoLEDwill use commercially reasonable efforts to meet the agreed schedule but is not responsible for losses resulting fromdelayed delivery or from a request for a shipping date earlier than EnoLED’s then-current schedule.
2.1 Return Authorization Required
Every return requires EnoLED’s prior approval and a Return Merchandise Authorization (RMA) number. To request an RMAform and number, contact EnoLED Customer Service. Products returned without authorization may be refused.
2.2 Stock Items
2.3 Custom Products
Custom products are non-cancellable, non-returnable and non-refundable, except when EnoLED determines that a product isdefective and covered by the Limited Warranty below.
2.4 Items Damaged in Transit
The Buyer must notify EnoLED within 15 calendar days after delivery to begin an RMA or carrier-damage claim for productsdamaged in transit. The same authorization process used for defective products applies.
3.1 Warranty Coverage and Period
EnoLED warrants that its products (the “Goods”) will conform to EnoLED’s published specifications in effect at the time ofmanufacture and will be free from material defects in workmanship and materials for six (6) years from the date ofshipment, or for any longer period stated on EnoLED’s website or the applicable product specification sheet at the time ofpurchase (the “Warranty Period”).
3.2 Installation and Use Requirements
Proper system design, configuration, installation, commissioning, use, storage and maintenance are essential to productperformance. Buyers must follow EnoLED’s instructions and recommended guidelines and should use appropriatelylicensed professionals for design and installation.
3.3 Warranty Exclusions
The Limited Warranty does not cover:
3.4 Warranty Claim Procedure
3.5 Exclusive Warranty Remedies
For a valid claim made during the Warranty Period, EnoLED may, at its option, repair, replace or substitute the defectiveGoods or component, or issue a credit or refund not exceeding the original purchase price. A credit or refund may beprorated based on the time elapsed since delivery and the stated product life. These are the Buyer’s sole and exclusiveremedies for breach of this Limited Warranty. No labor charges will be accepted without EnoLED’s prior written approval.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, ENOLED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING BY LAW,COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ENOLED MAKES NO WARRANTYREGARDING THIRD-PARTY PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENOLED WILL NOT BE LIABLE FOR SPECIAL, INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSSES ARISING FROM DELAYED DELIVERY, WHETHERTHE CLAIM IS BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHERTHEORY. ENOLED’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE GOODS, THEIRMANUFACTURE, SALE, DELIVERY, USE, MAINTENANCE, REPAIR OR MODIFICATION, OR THE SUPPLY OF REPLACEMENTPARTS, WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO THE CLAIM. THIS LIMITATIONAPPLIES EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not permit certain warranty disclaimers or limitations of liability. Nothing in these Terms andConditions excludes or limits rights that cannot lawfully be excluded or limited. The Limited Warranty does not affect anymandatory statutory rights available to a consumer.
EnoLED may update these Terms and Conditions from time to time. The version in effect when EnoLED accepts an order willapply to that order unless otherwise agreed in writing.
| Company | EnoLED Inc. |
| Address | 63 Flushing Avenue, Building 131, Suite 201, Brooklyn, NY 11205, USA |
| Call / Text | 347-826-5880 |
| Website | https://enoled.com/contact-us/ |
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