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TERMS OF SALE
THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY Lumetro Corporation ON www.lumetro.com. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME IN Lumetro Corporation'S SOLE DISCRETION.
1) Products.
Lumetro Corporation may discontinue any product at any time without notice. The product prices displayed on this Site do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
2) Price Errors.
Our goal is a 100% error-free Site and online shopping experience. If product price errors are discovered, they are promptly corrected on our system, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced. If you find a price you suspect to be in error, please notify us by calling 1-877-894-4872.
3) Orders.
Orders are not binding upon Lumetro Corporation until accepted by Lumetro Corporation. Lumetro Corporation reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
4) Payment.
Payment can be made with Visa, MasterCard, and American Express credit cards. Your credit card will be charged when your order is placed. Lumetro Corporation also accepts Purchase Orders from customers who have received Lumetro Corporation credit approval. To apply for Lumetro Corporation Credit, please call 1-877-894-4872 or click on the link for credit application at the bottom of this page. For customers who purchase on an open account, Lumetro Corporation reserves the right to add to your monthly balance a service charge of one and one half (1 ½)% per month (18% annual rate) on all amounts unpaid on the first day of the 2nd month following purchase. If the account is placed with a third party for collection, buyer agrees to pay all costs and expenses of collection including the reasonable attorneys fees in addition to the service charges stated above.
5) Sales Tax.
You are responsible for the payment of any provincial, state, and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law.
6) Goods and Services Tax.
You are responsible for the payment of Goods and Services Tax (GST) that may apply to your order as required by law. The GST is calculated based on the full invoice price, and may include charges for shipping and handling if required by law.
7) Delivery.
Lumetro Corporation will make reasonable efforts to ship your order on the same day (if order is received by 2 pm Eastern Standard Time Monday through Friday). Shipping shall be via ground transportation to most locations. Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge. In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. While Lumetro Corporation will make every reasonable effort to ship your orders within these time frames, Lumetro Corporation is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond Lumetro Corporation's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of Lumetro Corporation, including without limitation, power outages or attacks on this Site.
8) International Shipments.
Lumetro Corporation will ship to addresses within the contiguous United States and in some cases to other countries. The minimum order for orders outside Canada is $50.00 (CAD). Shipments to Alaska, Hawaii, and Mexico will be arranged and additional shipping charges will apply. For customers seeking to have bulbs delivered to all other countries, Lumetro Corporation will ship via DHL, UPS, FedEx or through a Canada-based "Freight Forwarder" of the customer's choosing. Additional shipping charges will apply. The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies. Payment must be made in full using a credit card or bank transfer at the time of shipment. Title and risk of loss of the products pass to the customer upon delivery at the "Freight Forwarder."
9) Shipping & Handling (S&H) Charges.
A S&H charge applies to all orders. Additional S&H charges will apply to orders shipped outside Canada, and to orders shipped via upgraded services (Next Day, 2nd Day, etc). In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. S&H charges along with any charged Freight are non-refundable in occurrences where Lumetro Corporation has made no error in merchandizing or shipping.
10) Warranties.
ALL PRODUCTS ARE SOLD "AS IS," AND Lumetro Corporation DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you. A manufacturers warranty may apply to some products.
11) Return & Restocking Policy.
Lumetro Corporation stands behind its products and will issue a refund, replacement or credit if you are not satisfied with your purchase and notify us within 7 days of receipt of product. A Restocking Charge of 20% will apply to all items returned where Lumetro Corporation has made no error in merchandizing or shipping. Refunds will be made by original method of payment. All returns must arrive in its original UNOPENED packaging and all freight charges for the return of goods are to be paid by the customer.
There are exceptions to our Return Policy. Please call 1-877-894-4872 to obtain a Returned Material Authorization (RMA) before returning any product. Lumetro Corporation may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
12) Mistaken and Damaged Shipments.
Lumetro Corporation will replace the order and refund any applicable shipping costs if we made an error with your order. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 7 days of delivery. To return any mistaken or damaged item, please call 1-877-894-4872 to obtain a Returned Material Authorization (RMA). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to Lumetro Corporation. Lumetro Corporation may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
13) Limitation of Liability.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, Lumetro Corporation SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Lumetro Corporation EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME PROVINCES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14) Severability.
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
15) Governing Law.
These Terms of Sale shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to contracts made and to be enforced wholly within the Province of Ontario.
16) Arbitration.
Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the International Court of Arbitration (ICC) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Toronto, Ontario.
17) Jurisdiction and Venue.
You and Lumetro Corporation (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or provincial courts of the Province of Ontario located in the City of Toronto, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
18) Waivers and Amendments.
The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.
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