Terms Of Sales And Use
1. Web Site and Content Ownership<
All of the content presented or displayed on this website, including, but not restricted to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by www.lumengy.com, its licensors and its content providers. All products are copyrighted or trademarked by their respective manufacturers. Every aspect of this site and its Content is protected by trade dress, copyright, moral rights, trademark and other laws pertaining to intellectual property rights. No piece or aspect of this website or its Content may be duplicated or retransmitted by any means, and this website, its Content and all related rights shall remain the exclusive property of www.lumengy.com or its licensors or content providers unless otherwise explicitly agreed upon. You shall indemnify LUMENGY LLC, its licensors and content providers against any losses, expenses, costs or damages incurred by any of them resulting from your breach of these Terms of Sale and Use, including your unauthorized use of the Content and related rights.
“www.lumengy.com” and its logo are trademarks of LUMENGY LLC.
2. Pictures and Technical Details
Manufacturers may make changes to the appearance or performance of their products. We attempt to provide accurate pictures and technical details of products, but are not responsible for minor variations in appearance or performance. In some cases, we knowingly supply pictures of several colors of a product that may not include a color offered for sale because we do not have a picture of that color. The color and contrast of pictures varies by monitor and by printer.
Prices shown do not include shipping or sales tax. We strive never to make errors of any kind, especially pricing. If we make an error in pricing, we will notify you of the correct price as soon as we can. We make no representations or warranties as to the Content’s accuracy, correctness or reliability.
4. Availability and submission of order
www.lumengy.com offers only products it believes are available. If we discover we are unable to fulfill your order for any reason, we will notify you as soon as we can. You will not be charged for the items not shipped.To avoid error and/or duplication LUMENGY requires all orders in writing. Telephone or verbal orders are not accepted and not binding. Purchase orders should be emailed to our office.
5. Installation of products
Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of Seller’s Products, Buyer will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer’s own risk and liability. Seller will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. The installation of the Products must be in compliance with all local, state, and federal laws, rules, codes, and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. Buyer should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state, and federal laws, rules, codes, and regulations. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS. The information on Seller’s website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. Seller disclaims any liability as to the accuracy or completeness of such information. Seller assumes no risk or responsibility for Buyer’s use of any of the content provided on this website. Under no circumstances shall Seller be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.
All merchandise is packed to comply with Freight Carriers requirements. All packaging has been tested to freight and industry standards. LUMENGY is not responsible for damage to goods which occurs in transit.
ALL PRODUCTS ARE SOLD “AS IS,” AND www.lumengy.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. The warranty guarantees that products will be free of defects in material and workmanship when the products are installed, operated, and maintained according to applicable codes and regulations, supplied instructions, and under conditions of ‘normal use’ – for the time periods defined below.
8. Limitation of Liability
The foregoing limited warranty provides the buyer’s sole and exclusive remedy relating to seller’s products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller’s products; (D) any loss or claims arising out of or in connection with buyer’s implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.
IN ALL CIRCUMSTANCES THE MAXIMUM LIABILITY OF LUMENGY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD
9. Limitations and Conditions
- Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
- Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
- Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
- Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
- Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray
- It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is also normal of other types of finishes such as powder coatings to discolor or blister when exposed to sunlight, irrigation systems, reclaimed water, sea water, acid rain, and other sources of aggressive agents. These coatings may also be affected by physical factors resulting in damage to the coatings. These changes are not covered by warranty. Warranty does not cover normal patina or discoloration of finishes on fixtures, including residue build ups from outside contaminents, as this is normal for natural metals and part of the authentic beauty of solid brass and copper in outdoor environments. Our solid brass and copper fixtures can be cleaned with metal cleaner for those customers who have hard water stains or do not like natural patina.
- These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
- These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
- If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller’s sole option, the purchase price will be refunded.
- The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.
10. Warranty Claims
If the buyer suspects that a product is defective, then the following steps must be followed: Visit our “warranty” page for details.
11. California Proposition 65
WARNING: Chemicals known to the State of California to cause cancer, birth defects or other reproductive harm may be present in products sold here. Wash hands after use.
12. Typographical Errors
In the event that any of Seller’s Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.
You agree to indemnify, defend, and hold harmless www.voltlighting.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.lumengy.com. The collective work includes works that are licensed to www.lumengy.com. Copyright 2003, 2011 www.lumengy.com, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.lumengy.com or purchasing www.lumengy.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.lumengy.com or to purchase www.lumengy.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.lumengy.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.lumengy.com used in the site are trademarks or registered trademarks of www.lumengy.com including LUMENGY®
If any provision of these Terms of Sale and Use are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbiter, such provision shall be deemed severed from these Terms of Sale and Use and the validity of the remainder of these Terms of Sale and Use shall not be affected thereby.
17. Governing Law and Venue
These Terms of Sale and Use shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within California, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the State of California in Los Angeles County or the Federal District Court nearest Los Angeles (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, www.lumengy.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of LUMENGY, such action is necessary or desirable.
18. Waivers and Amendments
The waiver by either Party of any provision of these Terms of Sale and Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale and Use on any other occasion or upon any other circumstances.
19. Sales Tax
If your shipping address is in the U.S. but not California, we do not withhold sales tax. If your shipping address is in California, we are required to withhold sales tax unless you will resell the product AND have a valid Seller’s permit. In that case, please print out, complete sign, and return to us our Resale Certificate. We cannot process your order until you do this. You only need to do this the first time you buy from us, and periodically thereafter if we request it.
20. Duties Fees
If your shipping address is outside the U.S., you are responsible for paying any duties due.