Terms & Conditions

Terms & Conditions

Merchandising Policy

All orders placed with the Company, through internet, e-mail, fax or mail, constitute the acknowledgement and acceptance of all the terms and conditions listed herein. The information posted at the Company’s website, including model numbers, price, specifications, materials and design are subject to changes by the Company in its discretion without notice.

The Company’s failure to object to provisions contained in any purchase order or other form or document from the Customer shall not be construed as a waiver of the Terms nor an acceptance of any such provision.

Shipping

The Company shall arrange, in a timely and efficient manner possible, for the delivery of its products ordered by the Customer (the “Products”) to a truck off-loading location designated by the Customer or such other means as the Company shall reasonably select. The Company reserves the right to make delivery of Products in instalments. Delivery time quoted in Company’s quotation or commercial invoice for delivery of the Goods are an approximation only. Unless otherwise agreed to by the Company in writing, all sales are F.O.B. the Company’s shipping point.

The Company shall not be obligated for any damage, loss or penalty resulting from any delay or failure to deliver due to any reason beyond the reasonable control of the Company.

Shortages, Defects and Damages

Upon the Customer’s receipt of the Products, the Customer shall inspect the Products and notify the Company of any claims for shortages, defects or damages within five (5) business days after the date of receipt, with a notice in writing.  Such notice shall contain the Company’s invoice number, order number and a detailed list of shortages, overages, defects or damaged products and the proof thereof.  Incomplete claims or claims submitted more than five (5) business days after receipt of the shipment shall not be processed and shall be deemed as an acceptance of the Products by the Customer. The Company will, in its sole discretion, decide whether a product is defective.

Return, Credit, Cancelled Orders and Refunds

If the Customer requests a return of Products, then it’s the Customer’s liability to make all arrangements with the Company for shipping the returned Products to the Company. The Customer acknowledges and agrees that any returns or cancelled orders will incur a restocking charge equivalent to 15% of the price of the ordered Products, payable by the Customer, and does not automatically grant the Customer a right for refund or credit.  Any request for refund or credit shall be preapproved by the Company in writing, at the Company’s sole discretion and be assigned with a Return Products Authorization (RPA) number. Request for return must be submitted with original invoice of the purchase, within Sixty (60) days after the invoice date. Requests submitted Sixty (60) days after the invoice date will not be accepted and no credit will be given. All return freight charges must be paid by the Customer and the Company will not pay any handling charges.

All approved refunds will be paid either by Account Credit, Company Check, Credit Card, to be determined by the Company, at the invoiced price. No credit shall be available for use if a past due balance is outstanding on the account. Failure by Customer to provide the invoice will result in credit being issued at the lowest current price. Products authorized for return must arrive at the Company facilities in the same sellable condition as it was at the time of shipping, failing which no credit will be granted.

Special orders

All special orders of the customized products herein (the ‘Customized Products’), including personalized, specially modified items and custom made or custom modified fixtures, must be paid in full upon placing the orders of Customized Products. Purchase of Customized Products are non-refundable, non-exchangeable and non-cancellable unless written approval is issued by the Company. Change to, or cancellation of works in progress will be subject to costs incurred for work completed.

Time Limit for Audit Claims

Invoices of the Company will be deemed accepted by the Customer and will not be subject to any audit claims unless the Customer notifies Blue Ocean Lighting in writing within thirty (30) days of the date of the subject invoice.

Warranty

The Company warrants to the Customer that the Products shall conform to the published specifications of the Company, and are free from defects in workmanship and materials. The Company shall provide a limited warranty, according to warranty period stated in product specifications or product webpage for specific product, commencing on the date the Products are purchased by the Customer (the ‘Warranty Period’). THE COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Products purchased by the Customer, at the time of sale, are warranted only against defects in workmanship or materials.

If the Customer submits a claim of defect, such claim shall be submitted before the expiration of the Warranty Period. It is the customer’s responsibility to retain any and all invoices for their record and warranty claims. The Company has sole discretion to determine whether such claims have merits. If the Company approves a claim, the only remedy will be repair or replace of the defected Product, free of charge, or alternatively, a refund or credit to the Customer.  The Company shall not be liable for any cost incurred relating to such replace or repair. Any   shipping and handling fees for returning the Products shall be borne by the Customer.

The Company’s warranties shall not be applicable if the Company determines, in the Company sole discretion, that the Products  (A) are damaged as a result of hail, flooding, tornado, fire, wind, earthquake, lightning, electrical storm, or any other natural disaster; (B) are installed improperly, installed in connection with improper wiring, improper power supply or installed in cracked or dirty sockets; (C) contain any parts which are replaced  with any products of other manufacturers without the Company’s instruction; (D) are improperly handled or used,  including accident, misuse, improper or unauthorized adjustment or repair, unreasonable use, and lack of maintenance; (E) are damaged by power surges, electrical current fluctuations, induced vibration, harmonic oscillation or resonance associated with movement of air currents around the Products; (F) are used in violation of any applicable standard, code or instructions for use including without limitation those contained in the latest safety, industry and/or electrical standards for the relevant region. No warranty is given with respect to normal wear and tear.

Disclaimer

BLUE OCEAN LIGHTING LTD. (the “Company”) is not making any representations or warranties as to the validity of any product of being compliant with local building or electrical codes and/or passing any building inspection at which such product may be installed. Users should conduct due diligence and consult their own contractor or municipality as to compliance requirements prior to purchase and installation of product.

By usage of our product, the user agrees to release, and hereby do release, the Company and their respective directors, officers, agents, employees, contractors, affiliates and representatives (collectively, the “Releasees”) from any and all liability that they or any of them may have, for any property damage or loss sustained by the user in connection with, or as a result of, its installation of the Company’s product, including without limitation any damages suffered if product(s) are non-compliant with local building codes or other municipality bylaw or permit requirements.

Payments

The Customer will pay the Company’s cost of collection of overdue invoices, including, without limitation, legal fees. All overdue accounts are subject to interest of 2% per month (24% annum). The Customer agrees to give the Company the right to approve the Customer’s credit, and may at any time, be required by the Company, to provide advance payment, satisfactory security or a guarantee of prompt payment. Payment terms will be decided by the Company, at the Company’s sole discretion. If the Buyer defaults in making any payment to the Company when due, the Company, without prejudice to the Company’s other lawful or equitable remedies, may defer delivery or cancel the Contract.