Terms and Conditions

TERMS

Net 30 days, unless otherwise stated, subject to interest after 30 days at a rate of 2% per month.

PRICES

Prices are subject to change without notice. In the event of price increases, all accepted orders on hand will be filled at lower prices provided such orders are released from shipping prior to the effective date of the price increase. If the orders are not released for shipment prior to the price increase, the orders will be billed at prices in effect at the time of shipment. Minimum billing for all product and parts orders is $150.00 net. Prices do not include lamps unless so specified. Prices exclude all taxes.

ORDERS

Additions to orders cannot be made unless approved with written permission. Special and custom orders are non-cancellable after acceptance of order by Pa-CoLighting and are subject to a non-refundable deposit.

FREIGHT ALLOWANCE

F.O.B. Laval, Quebec, Canada. For other regions freight allowed as per net distributor billing, for one consignee for one release, outlined below: Atlantic region: $5000.00 net, Quebec: $3000.00 net, Ontario: $5000.00 net, Manitoba, Saskatchewan, Alberta, British Columbia $5000.00 net Yukon, Northwest Territories, Labrador and northern regions will be shipped F.O.B. origin, freight collect.For shipments outside Canada, contact Pa-Co Lighting for applicable terms and conditions.All shipments - for orders that qualify for freight allowance, we reserve the right to select the carrier and to route shipments at our discretion. We will ship the manner selected by the customer provided the customer assumes any additional transportation costs.

RETURN OF MERCHANDISE

No products may be returned without prior written authorization in the form of an RGA from Pa-Co Lighting. All returns must be shipped prepaid to Pa-Co Lighting. Credit for returned merchandise will be determined by Pa-Co Lighting. All return product must be in salable condition in order to qualify for credit. All stock components that have reached the end of their warranty or shelf life are not returnable. Outdated or phased out stock products are also notreturnable. All non-stocking, special, custom made, modified products and parts are not returnable.

FINANCIAL RESPONSIBILITY

All merchandise remains the sole property of Pa-Co Lighting until payment is made. In the event of non-payment or bankruptcy, Pa-Co Lighting shall maintain ownership of such merchandise at which time, at our discretion, Pa-Co Lighting shall have full access to retrieve the merchandise, as such merchandise shall not be considered as assets, but as the sole property of Pa-Co Lighting and not to be considered assets of any other person or company.

CLAIMS

Claims for errors or shortages must be made within five (5) days of receipt of merchandise. Claims for loss or damage of merchandise must be made with the transport company. Claims for defective ballasts found to be in warranty should be made directly to the ballast manufacturer through their ballast warranty service center to expedite replacement.

LIMITED WARRANTY

Pa-Co Lighting warrants all products sold hereunder to be free from defect in manufacturing, under normal and proper storage, installation, and use for a period of 5 years on all LED products and of one (1) year on all other from the date of shipment. Our warranty liability extends only to the repair or replacement of the defective part and no labour charges for correction of the defect by repair or replacement will be paid by Pa-Co Lighting. No claim will be allowed for any expenses incurred in the installation, removal, or using such material or for any other damages to persons or property. Pa-Co Lighting is not responsible for any costs or expenses, including without limitation any labour charges for replacement of ballasts, any such costs would be the responsibility of and must be authorized by the ballast manufacturer. Pa-Co Lighting shall not be liable for damages that result from deliveries that do not occur within a customer's specified time frame or for any delay or default in delivering products where occasioned by any cause beyond the control of Pa-Co Lighting, including without limitation embargoes, shortages of labour, raw material, or fuel, fires, flood, accidents, acts of war or other similar causes. The foregoing warranty terms are exclusive and in lieu of all other warranties. Pa-Co Lighting makes no representations or warranties except as expressly set forth in these terms and conditions, and Pa-Co Lighting expressly disclaims all other representations and warranties, expressed or implied, including without limitation any warranties of merchantability or fitness for a particular purpose. No distributor or supplier of Pa-Co Lighting has the authority to modify or amend this limited warranty.

DISCLAIMER & LIMITATIONS OF LIABILITY

The foregoing limited warranty provides the purchaser's sole and exclusive remedy relating to Pa-Co Lighting's products. The total liability of Pa-Co Lighting on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, Pa-Co Lighting'sperformance or breach of the foregoing limited warranty or from Pa-Co Lighting's sale, delivery, repair, or replacement of any products, shall in no event exceed the purchase price allocable to the specific product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the limited warranty set forth. In no event shall Pa-Co Lighting be liable for any indirect, special, incidental, consequential, or punitive damages, even if informed of the possibility of such damages, whether as the result of breach of contract, warranty, tort (including negligence, strict liability) and any other theory.