TERMS AND CONDITIONS

TERMS OF USE

Welcome to our shopping site. We provide this site to you subject to the following terms of use (“Terms”). If you visit or shop at this site, you accept these Terms. Please read them carefully.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons and images, is the property of Factory Direct Lighting and/or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is the property of Factory Direct Lighting and/or the property of our content suppliers.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

“DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY”

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Products sold by Factory Direct Lighting the “Company” are covered by the manufacturer’s warranty. Factory Direct Lighting is not liable for property damage, bodily harm or injury, or death resulting from defective products. Please read the complete manufacturer’s warranty posted on the manufacturer’s website.  Factory Direct Lighting offers no additional warranty and all warranty claims should be made to the manufacturer of the product. SALE AND DELIVERY (AND/OR ACKNOWLEDGEMENT) OF AN ORDER BY SELLING  COMPANY OF ANY PRODUCTS  IS SUBJECT TO THE TERMS AND CONDITIONS OF THE SELLING COMPANY’S QUOTATION FORM AND/OR ACKNOWLEDGEMENT (IF ANY) WITH RESPECT TO SUCH ITEMS, AND TO THE TERMS BELOW.  THESE TERMS AND THOSE ON ANY ATTACHMENTS ARE IN LIEU OF ANY TERMS ON BUYER’S PURCHASE ORDER, CONFIRMATION OR OTHER DOCUMENT, WHICH DIFFERENT TERMS ARE HEREBY REJECTED. ACCEPTANCE OF EACH ORDER IS EXPRESSLY CONDITIONED ON BUYER’S ACCEPTANCE OF THESE TERMS AND NO OTHERS.  BY PLACING AN ORDER, YOU ACCEPT & AGREE TO THESE TERMS.

WARRANTY

COMPANY MAKES NO GUARANTEES OR WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY PRODUCTS PURCHASED AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED BY COMPANY AND EXCLUDED FROM ANY AGREEMENT MADE BY COMPANY AND ACKNOWLEDGMENT OF BUYER’S PURCHASE ORDER.  COMPANY’S WRITTEN AUTHORIZATION MUST BE OBTAINED FROM COMPANY BEFORE RETURNING FOR REPAIR OR REPLACEMENT.  ANY PRODUCTS PURCHASED.  COMPANY’S PRODUCTS ARE NOT FOR CONSUMER USE.  COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES ON ANY OF ITS PRODUCTS WHICH MAY BE INCLUDED IN ANY PRODUCTS NORMALLY USED FOR PERSONAL OR FAMILY PURPOSES.  The company will assume no responsibility or accept invoices for unauthorized repairs or replacement of products purchased even though such products may be defective.  In no case will any responsibility which Company may have extended to any products or parts not manufactured by Company.  Any warranty hereunder is not applicable to any product manufactured, sold or distributed by Company which is not installed and operated (both in Buyer’s product and by all subsequent users) in accordance with:

• The National Electrical Code (NEC)
• The Standards for Safety of Underwriters Laboratories, Inc. (UL)
• The Standards of the American National Standards Institute (ANSI) and
• The specific instructions and standards provided by Company for the installation and/or operation of the product

1. PRICES -Tentative prices shown are F.O.B. factory.  Such prices are subject to increase prior to the time of delivery.

2. TERMS– Payment terms are net cash. Internet orders are prepaid by credit card.  1-1/2% interest per month (or such lesser rate as is allowed by law) will be added to amounts unpaid for over (30) days.  Company’s obligation to produce or deliver items is conditioned upon maintenance by the Buyer of credit standing at least as high as when the order was accepted, and upon prompt payment when due of any sum owing by Buyer to Company under any agreement between them.

3. MINIMUM BILLING CHARGE – As in effect at the time of acknowledgment of order.

4. CORRECTIONS – All stenographic and clerical errors by Company are subject to correction.

5. SHIPPING WEIGHTS AND DIMENSIONS – Published weights are careful estimates but are not guaranteed. Dimensions shown are as close to actual as practical, but are still only approximate for construction purposes; certified dimension drawings can be obtained by Buyer upon request.

6. SPECIFICATIONS, DESIGNS AND TECHNICAL DATA – All construction specifications, designs and technical data submitted by Company are subject to change without notice.

7. TAXES – In addition to the purchase price, Buyer shall pay to Company the amount of all governmental taxes, excises and other charges imposed under any existing or future law upon or with respect to the sale, purchase, delivery, storage, processing use, consumption or transportation of any products purchased from Company.  Buyer may, however, an issue in lieu of payment of any such tax, tax exemption certificates in a form acceptable to the appropriate taxing authorities.

8. DELIVERY – Shipping dates shown are only approximate.  Where Buyer delays in supplying specifications or approvals which are necessary in order for Company to proceed with the filling of Buyer’s order, the date of shipment shall be determined by the conditions at Company’s factory at the time when such specifications or approvals are supplied and such date may be extended by Company accordingly.

Company shall not be liable in any way for any delay in shipment or performance due to acts of God, war, riot, terrorism, insurrection, labor difficulties, accident, embargoes, acts of civil or military authorities, fires, floods, quarantine restrictions, mill conditions, delays in transportation, shortages of cars, fuel, labor or any other causes beyond its control.  Company reserves the right to apportion its products among its customers as it may determine.

9. DAMAGE CLAIMS – Title shall pass to Buyer and risk of loss shall be upon Buyer from and after delivery by Company to a carrier.  All claims for damage, whether concealed or obvious, including but not limited to breakage, must be made by Buyer to the carrier as soon as possible after receipt by Buyer of such damaged shipment.  Company will be glad to assist Buyer upon Buyer’s request, in securing appropriate adjustment or damage claims, upon the express understanding, however, that Buyer, by such request and Company compliance therewith, agrees to save Company harmless from all liability of every kind in connection with or in any way related to, any such assistance, or any adjustment, or any of the matters involved therein, or otherwise.

10. ACCEPTANCE – Any product delivered by Company shall be deemed to be fully accepted by Buyer unless Company receives written notice of rejection of any such product within 5 days after the date of delivery to Buyer.

12. RESPONSIBILITY – COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ITS PRODUCTS, INCLUDING ANY DAMAGES WHICH MAY ENTAIL LOSS OF PROFITS OR REVENUES, LOSS OF USE OF OTHER PROPERTY OR PECUNIARY DAMAGES OF ANY KIND, EVEN IF ARISING OUT OF PHYSICAL DAMAGE TO OTHER PROPERTY, WHETHER DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT OR WARRANTY OR OTHERWISE.  IN NO EVENT SHALL COMPANY’S LIABILITY ARISING OUT OF AN ORDER FOR ITS PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCTS ORDERED.  Buyer will be responsible for damage due or caused by any products purchased which shall be occasioned whether intentionally or otherwise by improper installation or application or use, or by attempts to operate such products beyond the capacity thereof.  ANY CLAIM AGAINST THE COMPANY ARISING OUT OF AN ORDER FOR ANY PRODUCTS MUST BE FILED WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION ACCRUED OR AROSE AND IN NO EVENT LATER THAN 24 MONTHS AFTER DELIVERY OF THE PRODUCTS WITH RESPECT TO WHICH CLAIM IS MADE.

If company furnishes Buyer with advice or other assistance which concerns any product supplied hereunder or system or equipment in which such product may be installed, the furnishing of such advice will not subject Company to any liability whether in contract, warranty, tort (including negligence) or otherwise.

13. PERMISSIBLE VARIATIONS, STANDARDS, AND TOLERANCES– Except to the extent otherwise expressly agreed to in writing, any products ordered shall be produced in accordance with Company’s standard practices.  Additionally, all products shall be produced subject to;  (i) tolerance and variations consistent with usage of the trade regular mill practices and/or Company general practices in respect to dimension, weight, straightness, section, surface conditions, composition, mechanical properties,  internal conditions, and quality,   (ii) to deviations from such tolerances and variations consistent with practical testing and inspection methods and  (iii) to regular practice on over and under shipments.  All representations and certifications on the part of Company with reference to such products shall be limited by the foregoing.

14. NON-WAIVER BY COMPANY – Waiver by Company of a breach of any of the terms and conditions of any agreement shall not be construed as a waiver of any other breach.

15. CANCELLATION – Any orders may be cancelled by the Buyer only upon written approval of Company in its sole discretion, and upon payment of cancellation charges specified in said approval which shall take into account expenses previously incurred, commitments made by Company in reliance upon such order whether or not such commitments and legally binding on Company, and any other factors considered relevant by Company.

16. TERMS HEREOF CONTROLLING – The terms and provisions hereof constitute the complete and exclusive statement of the order and the Parties’ agreement concerning the Products.  All prior and contemporaneous representations and statements made concerning the Products and the terms of the Order are superseded hereby.  No future statement or representation by any salesman or another person shall be binding upon the Company concerning the Products or this Order unless in writing signed by the Company and incorporated by express reference into this Order.  Buyer’s order and any acceptance thereof by Company shall be governed by the laws (excluding those governing conflicts of laws) of the State of Illinois.  If any of the terms or conditions stated herein shall be invalid under any such applicable law or laws, such invalid terms and conditions shall be without force and any sale or agreement of sale made upon the terms and conditions set forth herein shall be construed as if not subject to such invalid terms or conditions.  With respect to any dispute in connection with the Company’s sale of any product, Buyer shall be subject to the jurisdiction of any federal or state court located in Cook County, Illinois.

17. QUOTATIONS – Any purchase order pursuant to any quotation shall not result in a contract until accepted and acknowledged by Company at Company’s office in Chicago, Illinois.  Company will not accept and acknowledge a purchase order based on any quotation and all of the terms and conditions included in such quotation, unless such purchase order is received by Company at Company’s office in Chicago, Illinois within thirty (30) days after the date of such quotation.  Time shall be of the essence.

18. All references to “Company” (or “Selling Company”) herein shall mean Factory Direct Lighting or any of its divisions including ZevLight.com, DW Lighting Direct.com or Factory Direct Lighting (whichever is printed on front of this document or a website invoice, if any) or on an acknowledgment or on invoice shipped with product (or emailed) or is the actual selling company.

APPLICABLE LAW

By visiting our site, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.