Terms of Sale govern your purchase of any product offered by NL USA, Inc. on www.NorthernLightsUSA.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 NL USA, Inc. sole discretion.
1)PRODUCTS. NL USA, Inc. 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. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced.
3)QUALITY PRODUCTS. NL USA, Inc. commitment to the light bulb industry used in this site for all items meeting or exceeding the specifications as listed on the respective Spec pages. Quality Products are tested and NL USA, Inc. is committed to only sell the best products that are manufactured by numerous companies whose company name may or may not be recognizable “brand names” to the consumer. The trademarks and/or trade names of the “brand name” companies referred in Spec are used only to compare products of similar characteristics. Orders for Quality Products may contain items manufactured by two or more companies.
4)ORDERS. Orders are not binding upon NL USA, Inc. until accepted. NL USA, Inc. 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.
5)PAYMENT. Payment can be made with Visa, MasterCard, American Express, Discover credit cards, and PayPal. Your credit card will be charged when your order is placed. NL USA, Inc. also accepts Purchase Orders from customers who have received NL USA, Inc. credit approval. To apply for NL USA, Inc. Credit, please call 1-800-210-2495 or click on this link: Credit Application. For customers who purchase on open account, NL USA, Inc. reserves the right to add to your monthly balance a service charge of 1/12% per month (18% annual rate) on all amounts unpaid on the first day of the second 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.
6)SALES TAX. You are responsible for the payment of any 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 shipping and handling if required by law. By law, NL USA, Inc. must collect sales tax for orders shipped to the states of North Dakota.
7)DELIVERY. If you order by 12 p.m. Central time, the in-stock items ordered will be shipped that day (Monday through Friday delivery days) 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 round service when stock is replenished. While NL USA, Inc. will make every reasonable effort to ship orders within these time frames, NL USA, Inc. is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond NL USA. Inc. 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 of this Site caused by an event outside the direct control of NL USA. Inc., including without limitation, power outages or attacks on the Site such as by persons know as “hackers.”
8)INTERNATIONAL SHIPMENTS. NL USA, Inc. will ship to addresses within the contiguous United States for a shipping charge to be determined by NL USA, Inc. The order minimum for orders outside the 50 United States is $300.00 (U.S). Shipments to Alaska, Hawaii, other US Territories, Canada, and Mexico will be arranged and additional shipping charges will apply. For customers seeking to have bulbs delivered to all other countries, NL USA, Inc. will ship via DHL, UPS, FedEx or through a U.S.-based “freight Forwarder” of the customers 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.” All orders are final and no returns will be accepted.
9)SHIPPING & HANDLING (S&H) CHARGES. A S&H charge applies to all orders unless otherwise specified by NL USA, Inc. Additional S&H charges will apply to orders shipped outside the 48 contiguous states 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 NL USA, Inc. has made no error in merchandising or shipping.
10)WARRANTIES. ALL PRODUCTS ARE SOLD "AS IS," AND NL USA, Inc. 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.
11)RETURN AND RESTOCKING POLICY. NL USA, Inc. stands behind its products and will issue a refund, replacement or credit if you are not satisfied with your purchase and notify us within 14 days of receipt of product. A Restocking Charge of 20% will apply to all items returned where NL USA, Inc. has made no error in merchandizing or shipping. Refunds will be made by original method of payment. All returns must arrive in its original packaging and all freight charges for the return of goods are to be paid by the customer.
*There are exceptions to our Return Policy including, but not limited to, linear fluorescent bulbs 49" or longer in length, Special Order products, orders outside the continental U.S., and shipments delivered via common carrier. Please call 1-800-210-2495 to obtain a Returned Material Authorization (RMA) before returning any product. NL USA, Inc. 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)INCORRECT AND DAMAGED SHIPMENTS. NL USA, Inc. will, at our discretion, replace or issue a refund for any damaged or incorrect items as well as any applicable shipping costs if we made an error shipping your order or it was damaged in shipment. Please note any obvious damage, shortage, or incorrectly shipped item while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery. To return any incorrect or damaged item, please call 800-210-2495 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 NL USA, Inc. NL USA, Inc. 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, NL USA, Inc. 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 NL USA, Inc. 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 STATES 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 Commonwealth of NORTH DAKOTA applicable to contracts made and to be enforced wholly within the Commonwealth of NORTH DAKOTA
16)ARBITRATION. Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, 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 NORTH DAKOTA
17)JURISDICTION AND VENUE. You and NL USA, Inc. (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 state courts of the Commonwealth of NORTH DAKOTA 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.