Product Terms & Conditions, and Warranty

General Terms & Conditions of Sale

General
These General Terms and Conditions of Sale (the “Terms”) apply to the sale of all products (“Products”) sold by Lightech Electronic Industries Ltd (“Seller”) to the party purchasing such Products (“Buyer”). All quotations issued by Seller and all orders placed by Buyer are subject only to these Terms, to the exclusion of any other terms, whether in verbal, written or other form.

Offers/Orders
All offers made in any form remain non-obligatory. No contract for the sale of Products shall be binding on Seller until confirmed in writing to Buyer, and any order of Buyer shall only become binding on Seller once confirmed in writing by Seller. In no event will verbal promises or arrangements made by or with Seller’s personnel bind Seller unless confirmed in writing by Seller.

Prices
The sales price of Products is based on prices which apply at the time at which the order is accepted by Seller as aforesaid, for immediate delivery. Unless otherwise agreed in writing between Seller and Buyer, the sales price is calculated based on delivery to Buyer’s premises, and is expressed in appro-priate regional currency. All additional administrative costs such as, by way of illustration, obtaining certificates of origin or similar documents, are at Buyer’s cost.

Drawings
The illustrations and drawings of Products which may appear in Seller’s catalogues or website are solely intended to provide a general impression of the Product. Seller accepts no liability for any dam-age whatsoever arising out of any differences between data of product supplied and any illustrations and drawings of Products. Offers made by Seller, as well as illustrations and drawings, remain the sole property of Seller irrespective of whether costs have been charged for these items.

Delivery & Delivery Times
Unless otherwise agreed in writing by Seller, delivery of Products is to the Buyer’s premises. Delivery dates designated by Seller are estimated dates only, and are based on the working circumstances pre-vailing at the time the order is approved by Seller. Seller assumes no liability for late delivery, howso-ever caused. Seller reserves the right to extend the delivery date due to changes in work circum-stances, or if Buyer fails to perform any act that it has undertaken to perform or omits to perform any such act, in which case Seller will advise Buyer accordingly.

Fitting/Installation/Integration
Buyer is solely responsible for the correct and safe installation of Products purchased. In no event will Seller be held responsible or liable for any incorrect or unsafe installation of the Products, including without limitation installation that does not conform to all applicable instructions, laws, codes and best practice, nor for any tampering with the Products, Product label or documentation, and/or misuse of the Products.

Likewise, Seller is not responsible for any aspects of integration of Seller Products into and with other products, including additional Seller Products. Seller’s Products conform to its published specifications as tested and recorded in the conditions specified on such products’ published data, and not integrated with additional products, or in and with atypical mechanical or electrical conditions, including, without limitation, atypical electrical network and grid conditions. 

Product Warranty
Warranty terms and conditions for all Products are set out in a separate document “Warranty Terms and Conditions”, which document is hereby referenced and incorporated in these Terms. 

Payments
Seller will specify payment terms and conditions in Seller’s offers and/or invoices. Buyer shall pay all invoices in a timely manner as and when due. If payment is not made when due, Seller shall have the right to impose statutory interest on any unpaid balance. No payment due by Buyer may be postponed without the prior written agreement of Seller.
If Buyer is in arrears with payment of any amount due, Seller shall be entitled to cancel or postpone delivery of Products ordered at its sole discretion. In the event that Buyer enters dissolution or bank-ruptcy proceedings (whether voluntary or involuntary), or if liquidation proceedings are commenced against Buyer, all amounts due by Buyer to Seller shall immediately become due and Seller may elect to cancel any outstanding orders.

Risk
Risk of loss of or damage to Products shall transfer to Buyer upon delivery as per the above terms.

Cancellations and Product Returns
Unless otherwise agreed in writing between Seller and Buyer, Buyer shall not be entitled to cancel orders for Products that have been accepted by Seller in writing or verbally. Postponement of orders by Buyer shall only be allowed with the prior written approval of Seller. For Product return information for Products under warranty, please see the warranty terms and conditions.

Liability
Except as otherwise mandated by applicable law, Seller’s liability for damages and losses of any nature whatsoever is strictly limited to the amount actually received by Seller from Buyer for the specific Product delivered which Product has failed in breach of Lightech’s Warranty Terms and Conditions. In no event will Seller be liable for any indirect or consequential damages, or for any costs, losses or damages which may be incurred by Buyer or by any third party in connection with the replacement of faulty Products, all as detailed in the Warranty Terms and Conditions.

Force Majeure
Seller shall not be liable for any delays or other inability to meet its obligations under any purchase order as a result of circumstances beyond its reasonable control (“Force Majeure”). During the period of Force Majeure, Seller has the right to either continue to perform or dissolve the affected order in whole or in part.

Disputes
All disputes which arise between Seller and Buyer in connection with any offer or order that cannot be amicably resolved, shall be under the exclusive national and international jurisdiction of the competent courts of London, England, and the laws of England shall govern, except with reference to its conflicts of law rules.

Miscellaneous
If any provision of these Terms is found by any court or arbitrator to be invalid, illegal or unenforce-able, the remainder shall not be affected. Buyer may not assign or transfer these Terms or any rights or obligations hereunder (including pursuant to any purchase order) without Seller’s prior written consent, which may be withheld at Seller’s sole discretion.

Warranty

Warranty Terms & Conditions (“Warranty”) 

Limited Warranty 
Lightech Electronics Industries Ltd, (“Lightech”) warrants that Lightech’s electronic AC and DC transformers, LED drivers, and HID electronic ballasts will be free from defects in materials or workmanship for a period of: in the case of AC and DC transformers, three (3) years; in the case HID electronic ballasts, four (4) years; in the case of LED drivers five (5) years. This Warranty period shall commence on the date of shipment of the relevant products from Lightech. The Warranty shall only be extended to the original purchaser of the products and/or to the first purchaser who is the end user of the products. Lightech is not responsible for any auxiliary equipment or third party products not supplied by Lightech.
Exclusions
This Warranty shall not apply to any damages caused as a result of force majeure, misuse or improper use of the products, faulty installation, poor electrical connections or negligence by any party other than Lightech. In addition, this Warranty is not applicable to any Lightech product improperly shipped, stored, installed, operated, and used, including, inter alia, shipping, storage, installation, operation and use otherwise than in accordance with one or more of the following: (a) Lightech’s specifications, including for maximum operating temperature, (b) Lightech’s instructions and guidelines, including without limitation wiring diagrams, (c) remote applications using extended wire lengths beyond Lightech’s recommended limits, (d) poor or loose connections, or faulty lamp holders, (e) applicable safety standards issued by the Underwriters Laboratory (UL), as well as the UL’s Conditions of Acceptability, (f) National Electric Code (NFPA NEC) standards, (g) the applicable standards of the American National Standards Institute (ANSI), and (h) applicable federal, state and local electrical codes. Moreover, this Warranty shall not apply if any one or more of the following applies to the unit giving rise to the claim: (i) any original Lightech label or marking was partially or completely removed, covered, or altered; (ii) the unit was subjected to abnormal stresses or operating conditions; (iii) the unit had, at some time prior to the claim, not been fully paid for, or had otherwise be connected with Buyer’s breach of Lightech’s General Terms and Conditions of Sale; and (iv) the Buyer is in arrears to Lightech. 
Disclaimer and Limitation
Except as stated herein, Lightech disclaims all other warranties and conditions, whether express, implied or statutory, including merchantability and fitness for a particular purpose, with respect to the foregoing products to the maximum extent permitted by applicable law. In no event will Lightech be liable to you or any third party for any indirect, consequential, special, punitive or exemplary damages, including, without limitation, damages for loss of business, loss of profits, loss of data, business interruption or damages of associated equipment, loss of use of the Lightech unit and associated equipment, cost of substitute products, costs of removal, installation, reinstallation, testing and evaluation or shipping arising out of the use, failure of, or inability to use the products, even if Lightech has been advised of the possibility of such damages. Lightech’s liability with respect to any claim of any kind for loss or damages arising out of or related to a breach of Warranty for a unit shall in no event exceed the actual purchase price of the specific unit giving rise to the claim. 
To Obtain Warranty Service
In the event that any of the warranted products fail to comply with the Warranty during the applicable Warranty period, please contact the nearest Lightech facility to report the non-compliance and verify Warranty coverage. In the event that Lightech issues a Return Merchandise Authorization (“RMA”) number, you must comply with the product return procedure and ensure that the RMA number accompanies the product. Lightech may, in its sole discretion, repair or replace products determined to eligible for Warranty coverage, or may issue a credit for the purchase of replacement products.