TERMS OF SALE THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR
PURCHASE OF ANY PRODUCT OFFERED BY bulbs.com ON WWW.bulbs.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 bulbs.com'S SOLE DISCRETION.
1) Products.
bulbs.com 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) "Value Brand" Products.
The term "Value Brand" used in this Site is used for all items
meeting or exceeding the specifications as listed on the respective eSpec page.
Value Brand items are manufactured by numerous companies whose company names
may or may not be recognizable "brand names" to the consumer. The trademarks
and/or trade names of the "brand name" companies referenced in eSpec are used
only to compare products of similar characteristics. Orders for Value Brand
products may contain items manufactured by two or more companies.
4) Orders.
Orders are not binding upon bulbs.com until accepted. bulbs.com
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 and
Discover credit cards. Your credit card will be charged when your order is
placed. bulbs.com also accepts Purchase Orders from customers who have received
bulbs.com credit approval. To apply for bulbs.com Credit, please call
1-888-455-2800 or click on this link: Credit Application.
For customers who purchase on open account, bulbs.com 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 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.
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 charges for shipping and handling if
required by law. By law, bulbs.com must collect sales tax for orders SHIPPED to
the state of Massachusetts.
7) Delivery.
If you order by 2 p.m. Eastern 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 Ground
service when stock is replenished. While bulbs.com will make every reasonable
effort to ship your orders within these time frames, bulbs.com is not
responsible or liable for any delay in receiving or completing your order that
is caused by an event beyond bulbs.com'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 bulbs.com, including without
limitation, power outages or attacks on this Site such as by persons known as
"hackers."
8) International Shipments.
bulbs.com will ship to addresses within the contiguous United States
for a shipping charge of $8.90. The order minimum for orders outside the 50 United States is $100.00 (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, bulbs.com will ship via
DHL, UPS, FedEx or through a U.S.-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 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 bulbs.com has made no
error in merchandizing or shipping.
10) Warranties.
ALL PRODUCTS ARE SOLD "AS IS," AND bulbs.com 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 & Restocking
Policy.*
bulbs.com 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 bulbs.com 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 1-888-455-2800 to obtain a Returned Material
Authorization (RMA) before returning any product. bulbs.com 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.
bulbs.com 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 14 days of delivery. To return any
mistaken or damaged item, please call 888-455-2800 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
bulbs.com. bulbs.com 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, bulbs.com 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 bulbs.com 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 Massachusetts applicable to
contracts made and to be enforced wholly within the Commonwealth of
Massachusetts.
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 Boston or
Worcester, Massachusetts.
17) Jurisdiction and Venue.
You and bulbs.com (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 Massachusetts
located in the City of Worcester, Massachusetts, 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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