Terms & Conditions
Term & Conditions
(This Agreement supersedes all other parties’ conditions where conflicts occur.)
Unless otherwise specified in
writing, the provisions here under shall apply to any and all product orders and
purchases as made by customers and prospective customers (Buyer) of eCurrent
LED, LLC (eCurrent) offered products.
eCurrent acceptance of orders and offers of sale are subject to and expressly conditioned upon the Buyer’s acceptance of these Terms & Conditions. Our published terms shall govern not withstanding discounts and terms that may appear on customer purchase orders.
Prices and Quotations
All prices are subject to change without notice and may be superseded by quotations made by eCurrent. All orders and quotations are subject to review and acceptance by the Home Office.
Website Store product pricing is firm at the time an order is placed. Store pricing does not include shipping, transportation, insurance costs, or any use, excise, state or duty taxes and assessments as imposed by jurisdiction. Total price including shipping and taxes will be provided in the eCurrent website Store Checkout Cart.
eCurrent “quantity order” quotations are firm within the time frame stated in the quote form, providing all products are released (within factory-stated lead times) to allow shipment no more than 30 days of quotation. The only exception is a Non-Standard Quotation that guarantees pricing for a period longer than 30 days. Prices are subject to re-negotiation if any quantity, option, accessory or other condition is changed from original quotation.
Website Store payments are due at time of order. Payment is due in full and payment options are provided at point of checkout.
For “quantity order” quotations/sales, all payments and invoicing will be in US dollars. A 50% deposit is required at time of order. The remaining 50% is due prior to shipping. Products will not be released without receipt of payment in full. eCurrent, in it’s sole discretion, may elect to extend credit to a Buyer at terms and interest rates set by eCurrent.
For “quantity order” sales not transacted on the eCurrent website store, product orders are shipped freight prepaid. Buyer will be responsible for all other shipping related fees and charges, including, without limitation, customs charges, duties, taxes, lift gate fees and delivery delays at destinations. Other terms and conditions may apply for “additional freight services," including, without limitation, expedited same day delivery, air freight, freight collect, export orders, Buyer’s carrier, shipments outside the contiguous U.S., or other special handling by the freight carrier. Any extra charges incurred for “additional freight services” must be paid by Buyer. Additional restrictions may apply. Consult eCurrent for details related to any special circumstances.
Delivery, Title and Risk of Loss
Delivery is deemed to have taken place once the products have left eCurrent’s designated manufacturing facility or distribution center and delivered to the transportation company. All ordered products shall be shipped from eCurrent’s designated manufacturing facility or distribution center to the location designated by the Buyer.
eCurrent’s responsibility for safe delivery ceases when the freight carrier receives product in good condition. Immediately upon receipt of the product, Buyer/Receiver must inspect thoroughly for apparent and/or concealed transportation damage. The number of cartons should be carefully checked against the Bill of Lading. Claims for in-transit damage or for shortages should be made immediately against the freight carrier. Unless notified to the contrary within thirty (30) days of shipment, eCurrent will assume that the shipment arrived complete and in good condition and will not consider any claim for shortages thereafter.
Unless otherwise specified in writing by eCurrent, all transportation charges and expenses, including insurance charges against lost and damaged-in-transit goods, shall be the responsibility of the Buyer.
At the Buyer’s written request, eCurrent may obtain insurance on the shipment of products on the Buyer’s behalf and the expense shall be the responsibility of the Buyer.
All risk of loss and/or damage to the products shall pass to the Buyer upon eCurrent’s delivery of the products to the freight carrier. Any damage, confiscation or loss does not release the Buyer from it’s liability to eCurrent. eCurrent is under no obligation to reimburse the Buyer or replace products that have been lost, confiscated or damaged during shipment.
Delivery is contingent upon, and eCurrent shall not be liable for, any delays caused by fire, strikes or labor disturbances, floods, accidents, inability to obtain materials, Government priorities and regulations or other causes unavoidable or beyond eCurrent’s reasonable control, or for any failure by the Buyer to furnish complete information. Under these or any other uncontrollable circumstances eCurrent will not accept any penalty charges leveled against it, or recognize the validity of penalty clauses incorporated into sales contracts written or verbal.
Acceptance and Default
All products delivered are deemed as accepted by the Buyer and in conformity to the provisions held here within this agreement. Buyer shall have no right to revoke acceptance. The Buyer by the acceptance of such products assumes all risk and liability whatsoever resulting from the use of such products.
Buyer is deemed to have defaulted if Buyer fails to pay any sums due under this agreement, cancels or attempts to cancel this agreement prior to delivery or refuses delivery of the products.
If Buyer is deemed to have defaulted, eCurrent may, with written notice, suspend its performance and/or withhold shipments.
eCurrent makes no warranty of any kind express or implied except as follows:
eCurrent warrants that the lighting products purchased shall be free from defects in materials and workmanship, and to operate from the date of manufacture for the time periods specified in the product specification sheet on our website. If the lighting product fails to operate for the specified warranty period, eCurrent will, at its option, replace or repair the product at no charge. eCurrent’s liability for whatever cause or reason shall be limited to the repair or replacement of defective products. eCurrent’s maximum liability shall not in any case exceed the contract price for the products claimed to be defective. The Buyer is solely responsible for labor costs of removal or installation of the products.
This warranty only applies when LED products are properly installed and used in accordance with published specifications. LED products must be used in lighting equipment designed and approved for the application and in environmental conditions (temperature and humidity) within the normal specified operating range. This warranty does not apply to any abnormal use of the product or use in violation of any applicable standard, code or instructions for use in installations, including those contained in the latest version of the National Electrical Code, Standards for Safety of Underwriters Laboratory, the American National Standards Institute or, in Canada, the Canadian Standards Institute. This warranty will not apply in the event of conditions demonstrating abnormal use or stress, including under/over voltage conditions, excessive switching cycles or outside the recommended operating conditions.
Buyer shall have the responsibility to review this warranty at time of purchase and this warranty is deemed accepted in lieu of any and all other warranties, express or implied, without limitation. No action of any kind may be brought against eCurrent by the Buyer more than sixty (60) days after the cause of action occurred.
Limitation of Liability and Claims
eCurrent will not be liable for any loss, damage, cost of repair, incidental or consequential damages of any kind, whether based upon warranty, contract or negligence, and arising in connection with the sale, use or repair of the products. eCurrent’s maximum liability shall not in any case exceed the contract price for the products claimed to be defective or unsuitable.
eCurrent’s exportation of the products may be subject to United States and/or international laws and regulations regarding the export of such products to certain countries. eCurrent shall not be obligated under these Terms & Conditions of Sale to export, transfer or deliver the products to Buyer if prohibited by any applicable law or until proper governmental authorization has been obtained. eCurrent is not liable for any expense, damage or delay resulting from these laws or failure to obtain authorization.
Should the products purchased from eCurrent be used in a government contract or subcontract, no such government requirements shall be binding upon eCurrent unless specified in writing.
Entire Agreement, Waive and Amendment
This Agreement contains the entire understanding between eCurrent and the Buyer and supersedes any prior understandings or written or oral agreements between said parties respecting the subject matter hereof.
The provisions of this Agreement shall be severable, and if any provisions shall be held unenforceable by a judicial decision directly binding upon any of the parties hereto, the remaining provisions shall remain in full force and effect.
Buyer shall not assign or transfer any rights or claims under this Agreement. Any assignment shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors of eCurrent.
This Agreement shall be governed and construed under the laws of the State of Illinois and shall take effect as a sealed instrument.