The phrase “Per Plans and Specifications” is not acceptable to Finelite. Finelite builds fixtures per approved drawings.
Terms are full payment prior to shipment unless credit has been pre-approved. Once credit has been approved, payment terms are Net 30.
Product is “Carriage and Insurance Paid to” (CIP) Finelite’s factory. Freight damage claims are the responsibility of the Purchaser. Damage claims shall be filed promptly with Finelite, not the carrier.
If you have questions on the freight term on your order, please contact your Finelite representative. Delivery of materials by 3rd party arrangements, including Will Call, change the Terms of Sale to EX Works (EXW).
LED Luminaires Warranty
Finelite warranties all pendant and recessed LED product components against defects in material and workmanship for 10 years from date of invoice. The warranty covers the luminaire, LED light engine, driver(s), diffuser(s), and body.
10-Year LED Warranty
Finelite warranties all fluorescent products to be free from defects in material and workmanship for a period of 5 years. Ballasts, lamps, control systems, and battery back-up systems are warranteed by the manufacturer. Contact the manufacturer directly to determine the proper method of repair or replacement.
Single Source Warranty for ICLS
In addition to the Finelite Fixture warranty, we will provide a single source warranty on all ICLS electronic and interconnection components for a period of 5 years. Finelite will coordinate repairs and directly pass through to the unique part manufacturers as required. Fluorescent lamps will be covered with a 2-year pass through warranty to the manufacturer.
Finelite warranties all Personal Lighting System components to be free from defects in materials and workmanship for a period of 5 years.
TCS Controls Warranty
Finelite warranties all FineTune® Tailored Control System (TCS) controls to be free from defects in materials and workmanship for a period of 5 years.
ANY IMPLIED WARRANTY FOR FITNESS FOR ANY PARTICULAR USE IS EXPRESSLY DISCLAIMED.
Finelite will limit its actions to furnishing new parts, free of charge, in exchange for parts proven to be defective and does not include any other costs of removal, installation, or other project charges. Finelite will not allow unauthorized back charges or payment discounts. You must call Finelite prior to proceeding with any modifications to the fixtures.
Finelite shall not be liable for any costs associated with job schedules due to missed delivery commitments or fulfillment or performance of this contract.
Finelite retains a purchase money security interest in the Product until payment in full has been made. In the event of a default by Purchaser under this Agreement, Finelite shall have all the rights and remedies of a secured creditor under the California Uniform Commercial Code provisions. Purchaser agrees to execute financing statements and other documents as Finelite may request in order to perfect Finelite’s security interest.
Purchaser shall be liable for its own compliance with any and all laws, rules and regulations applicable to the performance of its several obligations hereunder, including, but not limited to (i) the actions of its employees and the conduct and operation of its business, (ii) the laws and regulations governing data privacy and the protection of personally identifiable information, and (iii) compliance with all applicable anti-corruption laws and regulations, including, but not limited to the False Claims Act (or successor legislation) and the Foreign Corrupt Practices Act (or successor legislation). To the extent applicable to its performance hereunder, Purchaser agrees to comply with all laws and regulations governing embargoes and sanctions, of the United States, France or the European Union. Purchaser's policies and practices shall explicitly prohibit the improper payment or provision of anything of value, directly or indirectly, to any public official or to any agent or consultant of any public entity or official, foreign or domestic. Purchaser shall also have in place policies to ensure that normal and customary business entertainment and expenses or the provision of other things of nominal value are bona fide and legitimate under applicable law. Purchaser shall indemnify Finelite from and against any loss, damage or liability resulting from Purchaser's failure to comply with the terms of this paragraph.
All Products are sold under trademark and Purchaser cannot alter, modify or infringe upon such trademark. In addition, product specifications may include patents, patent applications and copyright protected information, which you agree not to infringe.
With the exception of pricing and the explicit Finelite product specifications and Finelite warranties that may accompany Finelite products, the foregoing constitute the entirety of the terms and conditions under which Finelite products are sold. Any terms supplied by Purchaser or its employees, affiliates or representatives are specifically rejected in their entirety.