Terms of Use
Your use of this Web site constitutes your agreement to be bound by the following terms and conditions related to the use of the Web site. These terms and conditions are subject to change from to time to time without prior notice. After such a change, your use of the Web site constitutes your agreement to be bound by the changed terms and conditions. You should therefore be sure to review these terms and conditions each time you log on to our Web site.
The content of the Envoy Lighting website is protected by the intellectual property laws including trademark and copyright laws. Our website is intended solely for personal non-commercial use by the users of our website. We recognize that from time to time you may wish to download, print and store portions of our website. You may do this so long as you only use such copies for your own personal non-commercial use; you do not copy or post that material on any network computer or broadcast that material in any media and that you do not modify or alter that material in any way. The mere fact that you have downloaded such materials does not transfer to you any right to title or interest in such materials. All intellectual property rights and any such materials remain the sole and exclusive property of Envoy Lighting, Inc.
You may submit any inquiries or comments which you may have with regard to our website to: Envoy Lighting, Inc., 1210 Northbrook Drive, Suite 200, Trevose, PA 19053. Any such comments which you may submit shall be and remain the exclusive property of Envoy Lighting, Inc. and such submission constitutes an assignment to Envoy Lighting, Inc. of all worldwide rights, titles and interests in any intellectual property rights which may exist in the comments. As a result, Envoy Lighting, Inc. will be entitled to use any material which is submitted by you for any purpose and without compensation to you in any way.
This Web site is provided on an as is basis and Envoy Lighting, Inc. makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. ENVOY LIGHTING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, SHALL ENVOY LIGHTING, INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
The laws of the Commonwealth of Pennsylvania govern these disclaimers and the terms and conditions set forth above without giving any effect to any principles of conflicts of law.
You agree to defend, indemnify and hold Envoy Lighting, Inc harmless from and against any and all claims, damages, costs and expenses, including attorney's fees arising from or related to your use of this website.
Commercial Accounts Term & Conditions
INVOICE:
1.Entire terms. The terms of sale set forth herein and on the front of this invoice contain all of the Terms and Conditions with respect to the sale and purchase of Goods identified on the front of this Invoice. THESE TERMS SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN BUYER AND SELLER RELATING TO THE GOODS. Seller’s agreement to sell and deliver the Goods to Buyer is subject to express condition precedent that buyer accept all terms of the Terms, . Buyer shall be deemed to have accepted all of the Terms upon acceptance of the Goods.
2. Payment and Collection: Jurisdiction. Buyer will pay as and when due and payable, all accounts set forth on the front of this invoice, including, without limitation, shipping and handling charges, in accordance with the Terms. If any amount payable by buyer is not paid by the date due, Buyer shall pay a late payment charge equal to 1.5 % per month until all amounts due, including late payment charges, are paid in full. Buyer shall pay all of the Seller’s costs and expenses, including attorney’s fees, in connection with any collection measures taken by or for the Seller. Buyer shall pay to Seller all taxes, duties, and charges which seller may be required to pay to any government agency arising out of or in connection with the sale or transportation of the Goods to Buyer. Time is of the essence with respect to the payment of all amounts hereunder. Buyer hereby consents to the exercise of personal jurisdiction over it by all courts in the State of Maryland and consents to the laying of venue in any jurisdiction or locality in the City of Baltimore, State of Maryland.
3. Risk of Loss: All risk of loss or damage to the Goods shall pass from Seller to Buyer upon tender of delivery of the Goods by Seller to a common carrier (whether contracted by Buyer of Seller) at Seller’s loading dock. Buyer will obtain adequate insurance to fully cover the Goods from Seller’s loading dock to Buyer, irrespective of whether it has yet tendered payment thereof.
4. Non-Conforming Goods: No shipment of Goods shall be returned without Seller’s prior written consent. All claims regarding non-conforming Goods shall be made by Buyer in writing, stating the factual basis of the claim and the Invoice number, and delivered to Seller not later than five days calendar days after the receipt of the Goods. Buyer shall pay all shipping expenses for the return of the Goods to the Seller. The invoice number must appear on all paperwork and cartons. In the event Seller determines that Buyer rejects the Goods for just cause, Seller may, at its option, repair or replace the Goods, credit Buyer’s account or refund all or a portion of the purchase price for the Goods.
5.Limitations of Remedies: In no event shall Seller be liable for damages or loss o fuse, revenue or anticipated profits or for any direct, indirect or consequential damages arising out of any breach by Seller. Buyer shall have no right to sue for specific performance or injunctive relief, Buyer’s remedies shall be limited to those set forth in Section 4 hereof.
6.Representations and Warranties of Seller: SELLER HEREBY REPRESENTS AND WARRANTS TO BUYER THAT (I) EACH OF THE GOODS CONFORMS TO THE GENERAL DISCRIPTION CONTAINED ON THE LABELING THEREOF, (II) THE GOODS ARE OF FAIR AVERAGE QUALITY WITHIN SUCH DISCRIPTION AND (III) THE GOODS OR SERVICES COVERED BY THIS INVOICE WERE PRODUCED IN COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED.THE FOREGOING REPRESENTATIONSAND WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Force Majeure: Seller will not be responsible for delays or failures of performance caused by evens beyond its control, including but not limited to fire, flood, other disasters, war and strike.
8.Miscellaneous: (1) Buyer’s duties and obligations pursuant to Terms shall not be assigned or transferred by Buyer, except with the prior written consent of Seller (2) the waiver by either party of any breach or a failure to enforce any right under the Terms will not prevent subsequent enforcement of that or any other right or be deemed a waiver of any other breach;(3) the invalidity or unenforceability of any other provision of the Terms;(4) the Terms may be modified only in writing, signed by Seller; and (5)the Terms shall by, and interpreted and enforced in accordance with the laws of the State of Maryland without regard to its principles and conflicts of laws.
PACKING LIST: (PICK LIST)
1.All Claims except breakage must be made within 5 days after receipt of Goods.
PURCHASE ORDER:
1.The Purchase Order number must appear on all Containers, Packing Lists, Invoices and Correspondence. 2.Merchandise and Invoices received after the 25th of month shall be considered billed as of 1st of following month. 3.Packing Slip must accompany each shipment.
4.All Cartons and Packages must be clearly marked as to quantity and contents. Parts must be packaged in standard
5.No Invoice will be processed for payment unless a signed Bill of Lading is attached.
6.No invoice will be processed for payment unless invoiced material is complete.
7.All Goods must meet Underwriters Laboratory Specifications.
8.Seller represents that with respect to the production of the articles and/or the performance of the services covered by this Order, it has fully complied with all applicable sections of the Fair Labor Standards Act of 1938,as amended.
9.This Order is given by the Vendee and is accepted by the Vendor upon condition that Vendor will protect and hold the Vendee harmless against any and all liability, loss or expense by reason of any patent or trade mark litigation now existing or to be hereafter commenced, arising out of any infringement of patent or trade mark on the Merchandise hereby ordered or any part thereof.
