These standard terms and conditions apply to all purchases from and after September 1, 2009 whether or not such purchase is subject to a signed purchase order agreement or distribution agreement.

Orders

All sales are final. No product will be accepted for return and no credit will be allowed on any product returned unless BL Lighting has granted prior written permission. All returns shall be subject to BL Lighting’s return policy, which includes provisions for authorization procedures, packaging, shipment and restocking charges, if applicable. All orders must be professionally installed according to specifications provided by Manufacturer.

Pricing

All shipments are FOB BL Lighting’s dock. The purchaser is responsible for payment of all shipping costs including, but not limited to, insurance, customs duties, sales and excise taxes. Certifications or documentations provided by BL Lighting may be subject to extra fees for their preparation. BL reserves the right to charge a surcharge on rush orders at 10% of the purchase price.

Delivery

Delivery dates are estimates and not binding. All risk of loss shall pass to the purchaser upon release to carrier. Delivery is FOB BL Lighting’s dock. If BL Lighting prepays freight charges, such charges will be added to the invoice and paid by the purchaser. Delivery to and receipt by the purchaser or its designated receiver shall constitute full acceptance of the product. Freight will be paid by BL Lighting for orders where the net amount is greater than US$2000 for orders destined to the continental US and C$1800 for orders destined within Canada, to be carried by BL Lighting’s carrier ground service only.

Terms of Payment

Subject to credit approval, all accounts for shipments destined within Canada or the United States will be at net thirty days from the date of the invoice. Orders over $50,000 in the currency of the invoice require 50% deposit with the purchase order prior to production and is non-refundable once production commences. Credit accounts not applied within one calendar year will be cancelled without liability. Orders shipping outside of Canada or the United States must be paid in full prior to production. All payments shall be paid fully without set-off, deduction or counterclaim.

Late Charges

If the purchaser fails to pay any payment due to BL Lighting when due, BL Lighting may recover interest in addition to the payment due at a rate of 1.9% monthly or the maximum amount allowed under applicable law, whichever is less. The purchaser is responsible for any costs of recovery including but not limited to court fees or third party collectors’ fees.

Limited Warranty

BL Lighting warrantees to the original purchaser that each product sold will be free from defects in material and workmanship in its intended use for the period of 1 year from the date of purchase from BL Lighting. After one year, replacements or repairs will be billed at the standard rate. Returns for warranty issues must be made by the appropriate process and subject to the return authorization process within the applicable time. Upon examination, BL Lighting will repair or replace the approved warranty item at its discretion and does not include removal or reinstallation including without exception labour costs or expenses. If the approved warranty item has been discontinued, BL Lighting reserves the right to substitute with a comparable product. Materials must be tested upon receiving and prior to installation to ensure they are in working condition and that the order has been received complete. Damage and shortage claims must be reported to BL Lighting within 10 days after receipt of goods. BL Lighting makes no warranty as to the suitability of the product for any particular application. All product must be installed in compliance with local and national codes, laws, and regulations. BL Lighting will not be responsible for damage to any product resulting from misuse, negligence, acts of God, accident, or repairs or alterations made by any person or firm not authorized by BL Lighting in writing.

Third Party Warranties

With respect to products sold by BL Lighting but not made by BL Lighting, BL Lighting makes no warranty of any kind, express or implied, without limitation to the merchantability or fitness for a particular purpose. BL Lighting will endeavour to provide the appropriate contacts for these items with their manufacturer.

No Implied Warranties

THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY THE MANUFACTURER WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OF NON INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S EXCLUSIVE REMEDIES, AND MANUFACTURER'S SOLE LIABILITY, FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE THOSE EXPRESSED HEREIN.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BL LIGHTING'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR BL LIGHTING'S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL BL LIGHTING BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT BL LIGHTING HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BL Lighting is not responsible for labour charges.

Return Policy

Custom cut lighting is not returnable. Returns because of LED colour will not be accepted. BL Lighting, may at its sole discretion, accept the return of products for credit less a restocking fee of 30% that the purchaser agrees to pay. Returns must be accompanied by a valid RMA number issued by BL Lighting and are subject to inspection and final approval of suitability of return, and issuance of a credit less the appropriate restocking fee. Returns for credit will be considered for up to 6 months after invoice date or ship date, whichever is earlier. Consideration of a return and issuance of an RMA does not constitute approval of a credit or refund.

Issuance of a purchase order represents acceptance of these terms.