1. ACCEPTANCE OF ORDER: Buyers order is accepted subject to these terms and conditions.  No additions, deletions or amendments to these terms and conditions will be binding without our written approval.
   
   
2. DELIVERY:  Delivery dates are estimates only, and are not binding. Seller may deliver invoice, and Buyer will accept partial shipments. Delivery is F.O.B. Seller’s Dock.  All risk of loss shall pass to Buyer upon such terms.
   
   
3. PRICE AND TERMS: All shipments are F.O.B. Seller’s Dock.  You are responsible for payment of all shipping cost.  This includes, but is not limited to, insurance, customs, duties, sales and excise taxes.  Seller reserves the right to change prices without notice.  Subject to approval by the Seller’s Credit Department, payment is Net 30 days from date of invoice.  Past due accounts will be charged interest at the highest rate allowable by law.  Buyer agrees to pay any attorney’s fees or other cost incurred in collecting delinquent accounts. Credit balances must be applied within 12 months or they will be cancelled without liability.  All payments must be in U.S. Dollars.
   
   
4. FREIGHT:  If Seller prepays freight charges, then Seller will invoice Buyer for freight costs.
   
   
5. INSPECTION AND ACCEPTANCE OF PRODUCTS:  Delivery to and receipt by Buyer shall constitute and irrevocable acceptance of product.
   
   
6. WARRANTIES, LIMITATION OF LIABILITY:  Seller warrants that the material and craftsmanship of the product is free from manufacturing defects for a period of two (2) years from the original invoice/shipment date from manufacturer.  Reminder: SaVi Pool and SaVi Spa lights must be submerged and operated under water prior to being energized. If operated out of the water the two (2) year warranty will be void. Five (5) Years on Red, Amber and Orange FLEX LED, One (1) Year on non-UL listed (low-voltage power supplies) from original invoice/shipment date from manufacturer. Our sole responsibility in fulfilling this warranty shall be to repair or replace any products at Sellers discretion, providing such defective products are returned to the company or division from which it was purchased, freight prepaid, through a valid Return Material Authorization number issued by the Seller. Lamps are excluded from this warranty.
   
   Seller makes no warranty with respect to products supplied by us that were not manufactured by us.  This warranty does not cover any Sellers products improperly installed, used or damaged by accident or neglect, including failure to follow proper maintenance, service and cleaning procedures.  Products which are damaged as a result of (i) modification or alteration by anyone other than Seller, or (ii) operation under conditions beyond the specific operating parameters, are not covered by this warranty. Seller bears no responsibility for cost associated with labor for product replacement, lift equipment, site delays, loss of profits or revenues, incidental, special or consequential damages. Those costs are the sole responsibility of the buyer unless specifically contracted for in a purchase order to the Seller. Seller reserves the right to examine all supplied product and components to determine the cause of failure and patterns of usage and reserves the right to be the sole judge as to whether any product or component is defective and covered under this warranty.  Replacement of Seller’s components with that of any other manufacturer will void the entire warranty.                                                                                                                                                                                                                                                        
   Product Suitability: Many states and locations have codes and regulations governing sales, construction, installation, and/or use of product for certain purposes, which may vary from those in neighboring areas.  While the Company attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
   
   THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
   
   The Seller is not responsible for any indirect, incidental or coincidental damages arising from the breach of any warranty.
   
   
7. LIMITATIONS OF ACTIONS:  Any action for breach of this contract must be commenced within one (1) year after the cause of action has accrued.
   
   
8. GENERAL PROVISIONS:  This contract shall be governed by and construed in accordance with the laws of North Carolina without regard to principles of conflicts of law.  It shall be binding on the successors and assigns of the parties, shall constitute the entire understanding between the parties and shall not be varied or modified unless done in writing and signed by the parties.
   
   
9. CANCELLATION POLICY:  To cancel an Order, you must give at least 30 days written notice prior to the shipment date.  If you cancel an order, then the following policy applies:  If you cancel, reduce, or refuse delivery after seven days from the date of order placement with the factory, you will be subject to a 15% cancellation charge.  If you cancel the order  within fifteen (15) days of shipment, then your must pay the following charges:
   
   Retro-bill:  Unit to be established by quantity released for shipment and,
   Cost of Materials:  All unique parts and /or material in stock or on order that the Company or its Affiliates cannot cancel without liability, and Work in Progress:  All parts and materials, direct labor, and overhead, for work in progress.
   
   
10. CHANGE ORDERS: Seller reserves the right to charge for change orders
    
    
11.  LEAD TIME:  Lead-time requirements may change based on production requirement and we will notify you of this at the time you place the order.  If it is necessary to break into the production cycle to meet a rush order request, for which we are not given the minimum lead time required, we will charge a maximum of  $100.00 expediting fee for each order.  We reserve the right to refuse expediting requests based on our production demands. Orders requested to be entered and shipped the same day must be received and processed by 2:30pm EST for customers in the Eastern and Central time zones, 3:30pm for customers in the Mountain and Pacific time zones.  Any “same day” orders received and processed after these cut off times will ship the following business day. Standard lead-times for make to order products can range from 4 to 10 weeks depending on order size and product type.
    
    
12. RETURN POLICY:  The Seller does not allow the return of custom, made to order products or fiber.  However, Seller may, at its sole option, agree to allow Buyer to return products for credit subject to a minimum 25% restocking charge, which Buyer agrees to pay.  Buyer agrees that any authorized return must be shipped with a valid RMA number issued by the Seller marked on EACH carton returned.  All authorized returns are subject to inspection before acceptance by Seller, and issuance of credit less restocking charges. Returns for credit may be considered for up to 6 months from original invoice/ship date from manufacturer for products un-opened and returned in good condition.   Credits issued shall not exceed the total extended purchase price.  Buyer agrees to comply with the following instructions:
    
    A. Notify a customer service representative within (30) days of receipt for instructions for the disposition of the part(s) in question.
    
    B. If the part(s) are approved to be returned to Seller, a Return Material Authorization (RMA) number will be issued.  This number must be clearly marked on all product boxes returned.   Buyer is responsible for full amount of transportation fees on all returning product. Defective or damaged parts must be returned in their original, dated, Seller shipping cartons to assist quality trace ability requirements.  The RMA number must be clearly indicated on the exterior of all return cartons.
    
    PLEASE NOTE:  UNAUTHORIZED RETURNS WILL NOT BE ACCEPTED AND WILL BE RETURNED TO SENDER AT THEIR EXPENSE.
    
    C. Upon inspection of returned part(s), we will notify you of our findings and the warranty, if any, according to the Warranties, Limitations of Liability section of this contract. Credit consideration and warranty coverage are contingent upon the final inspection and are not guaranteed at the time a return authorization is issued.
    
    D. Returned items must be in the original shipping containers.  Additionally, if the fiber optic cable was cut to special lengths, they are not returnable for credit.  Any custom POP sign, custom color wheels, lightbars, LED bars, lamps, starfield ceiling applications, custom cut waterfalls, techstone product, demo equipment purchases, or any other item considered custom is not returnable for credit.

I have read and understood and will abide by the terms and conditions as described above.