Terms and Conditions of Sale Print E-mail

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS’ THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions (“Agreement”) apply to your purchase of Beckstone and/or all related products and/or services sold in the United States (“Product” or “Products”) by JoBe Ops, LLC (“Company”), or from any business affiliated with the Company, to you (“Customer”).  By accepting delivery of the Product, Customer accepts and is bound to the terms and conditions of this Agreement.  Company and Customer may be collectively referred to as the “Parties.”  If you do not wish to be bound by this Agreement, you must notify the Company immediately and return your purchase pursuant to the Company’s return policy (“Return Policy”) contained in Section 9 of this Agreement. 

THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE AGREEMENT WITH THE COMPANY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

1.         Orders; Quotes; Payment Terms; Interest.  Acceptance of Customer orders are within Company’s sole discretion.  Orders shall be offered by Customer to Company in the Company’s purchase order form (“Standard Purchase Order”) specifying the Product, description, part numbers, quantity, prices (if applicable), desired delivery date(s) and location(s) of delivery.  All prices contained in the Company’s website, and marketing materials (collectively, “Publications”) for standard products, as defined in Section 7 below (“Standard Products”) are subject to change without notice.  Prices for non-standard products, as defined in Section 8 below (“Non-Standard Products”) shall be contained in a non-standard order form (“Custom Purchase Order”) and subject to change upon ten (10) days prior notice to Customer. Customer’s order is subject to cancellation by Company, at Company’s sole discretion.  The Company is not responsible for pricing, typographical, or other errors, in any offer by Company and reserves the right to cancel any orders resulting from such errors. 

Terms of payment are within Company’s sole discretion, and unless otherwise agreed to by Company in writing, payment must be received by Company prior to Company’s acceptance of a Purchase Order.  Payment for Products shall be made in U.S. currency by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Company in writing.  The minimum purchase order amount of a cash on delivery purchase (COD), exclusive of tax and handling charges, is fifty dollars ($50.00).  COD orders equal to, or greater than five hundred dollars ($500.00) shall be paid by certified check, money order or cashier’s check.  Company may cancel any order, or installment thereof, upon Customer’s failure to make payment in accordance with the terms agreed upon among the Parties; Customer shall remain liable for payment for Products shipped.  Invoices are due and payable within the time period noted on this invoice, measured from the date of the invoice.  The Company may invoice parts of an order separately.  Any unpaid balances will accrue interest at an annual rate of ten (10) percent or the highest interest rate permitted by law.  A twenty-five dollar ($25.00) service fee will be additionally charged for any and all returned checks.  Acceptance of a partial payment from Customer shall not constitute Company’s waiver of any of its rights or remedies at law or equity.

2.         Shipping Charges; Taxes; Title; Risk of Loss.  Unless otherwise expressly agreed to in writing at the time of sale, Customer shall pay all freight, handling, delivery, special packing and insurance charges for shipment(s) of Product.  Unless Customer provides Company with a valid and correct tax exemption certificate applicable to Customer’s purchase of Product and the Product ship-to location, Customer is responsible for sales and other taxes associated with the order.  Title to Product passes from Company to Customer upon Company’s receipt of full payment for Product and related charges contained herein. 

Products are shipped F.O.B. Company; at the Customer’s risk.  Delivery of Product to carrier by Company shall constitute delivery to Customer.  Products invoiced to Customer and held by Company at Customer’s request will be warehoused at Customer’s risk and expense.  Customer must notify Company within twenty-one (21) days of the date of Customer’s invoice or acknowledgment if Customer believes any part of the purchase is missing, wrong or damaged.  A carrier inspection is required prior to Company’s consideration of Customer’s claim for lost or damaged Product (“Inspection Requirement”).  If a shipment is received damaged, Customer must accept the shipment and immediately notify the freight carrier and request a damage inspection.  If the carrier will not perform such inspection, recipient must prepare an affidavit that Customer requested such inspection from Carrier, noting the time and date that they carrier failed to comply with Customer’s request and provide this documentation to Company.  Such documentation shall satisfy the Inspection Requirement.  If the shipment is not delivered in accordance with the quantity of boxes or packages as shown on the Bill of Lading/Freight Bill, Customer must reject delivery until such shortages are noted on the Bill of Lading/Freight Bill. 

Shipping dates are estimates only and Company shall not be liable for failure to deliver Product on or before the estimated delivery date.  Company reserves the right to deliver all Products covered hereby at one time or in partial shipments from time to time.  Company shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Company, which causes shall include, without limitation, Force Majeure, acts of God, acts or omission of Customer, acts of civil or military authorities, port disruptions, fire, strikes, power surges or outages, epidemics, quarantine restrictions, flood, natural disasters, riot, war, delays in transportation or inability to obtain necessary labor, materials or supplies.  In the event of any delay, the set date of delivery, if any, shall be extended for a reasonable period. 

3.         Warranties.  Company makes no warranties, express or implied, for installation, service or non-Company branded product.  Such product is provided by Company “as is”.  Warranties for non-Company branded product, installation or service, if any, is provided by the original manufacturer, not by Company.  Company will transfer to Customer such transferable warranties, if any, upon transfer the of title of the Product, pursuant to section 2 above.  Details of such manufacturer’s WARRANTIES will be provided to customer upon request.  Company makes no express warranties except those in contained in this agreement.

4.         Limited Warranty.  All materials and component parts are guaranteed to be free from defects of material and/or workmanship for a period of one (1) years from the date of purchase. (“Warranty Period”).  Warranty is voided if any repairs or alterations are made to the Product without the prior written authorization of Company.  Customer should retain a copy of the sales receipt to prove date of purchase.  A copy of Customer’s sales receipt must be submitted at the time warranty service is provided. 

5.         Limitation of Remedy.  If a Company Product is proved to be defective due to Company’s value added work (“Defective Product”), the exclusive Remedy, at Company’s option, shall be to refund the purchase price or to repair or replace the Defective Product, provided that such defective product is returned the company PURSUANT TO Section 9 CONTAINED HEREIN.  

6.         Limitation of Liability.  NO WARRANTY SHALL APPLY IF THE PRODUCT IS RENDERED DEFECTIVE DUE TO MISUSE, STATIC CHARGE, NEGLECT, IMPROPER INSTALLATION OR MAINTENANCE, IMPROPER PACKAGING OR HANDLING OF PRODUCTS RETURNED TO COMPANY, MODIFICATION, ACCIDENT OR SOLDERING.

The Limited Warranty contained in Section 4 herein is in lieu of any other warranties, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.  customer is responsible for determining whether the product is fit for a particular purpose and suitable for customer’s method of application.  To the extent any implied warranty is required by law, it is limited in duration to the warranty period contained in Section 4 above.  company will not be liable for any consequential, indirect, or incidental damages of any kind, including lost REVENUES or profits, in connection with the product, REGARDLESS of the legal theory asserted, including, but not limited to, contract, negligence, warranty, or strict LIABILITY, even if advised of the possibility of such damages, or for any claim by any third party.  company is not liable warranties made by or purchased from a third party and not directly from the company.  Company is not responsible for representations or omissions made by a third party.

7.         Cancellations, Returns; Standard Products.  A Standard Product is any Product identified in a Publication, with complete specifications, customarily in stock, and may be made on a Standard Purchase Order.  Customer may cancel an order for Standard Products, if in writing, for any reason and receive a full refund provided the Customer’s order has not been processed.  Certain cancellation fees may apply.  Customer may obtain the status of an order by calling the Company’s customer service staff at (805) 426-9630.  Customer may request a delivery date to be rescheduled or postponed in writing (“Alternative Delivery Date”), prior to shipment and Company, in its absolute and sole discretion, may accept the Alternative Delivery Date.  Certain rescheduling fees may apply.  Once a Standard Product has been shipped, the terms of the Company’s return policy in Section 9 shall apply. 

8.         Cancellations; Non-Standard Products.  A Non-Standard Product is a Product other than a Standard Product, a Product without value-added work/products, not assembled from kit form, made by a Custom Purchase Order or identified in a Publication as non-cancellable non-returnable (“NCNR”).  Orders made for Non-Standard Products may not be cancelled after the order has been processed.

 

9.         Return Policy.  Authorization for return of Products must be obtained from Company, which authorization may be granted by Company in its sole discretion. If granted, Company will issue Customer a return material authorization ("RMA") number. No Products returned by Customer will be accepted without an RMA number. Returned Products must be in original shipping cartons and must be complete with all packing materials and in re-sellable condition.  Customer must prepay return freight charges. Loss or damage that occurs during shipping is Customer’s responsibility. Product returned due to Customer error may be subject to a restocking fee.  All items not eligible for return will be returned to Customer, upon request, transportation collect. Unless prohibited by applicable law, all credits (including refunds) which are not used for at least twenty four (24) months will be subject to a monthly dormant account fee equal to the greater of $1.50 or 5% of the credit balance, not to exceed the amount of the credit.

10.       Published Information; Substances, Chemicals.  Products identified as RoHS compliant has the following meaning; based upon information provided by the Company’s suppliers, the product does not contain the substances prohibited by the European Community Directive 2002/95/EC.  The Company makes no representations about any information presented, which is provided "as-is" without warranty of any kind. Product specifications and availability are subject to change without prior notice.

California Residents:  Some of the Chemicals contained in the Products contain chemicals known to the State of California to cause cancer, birth defect, or reproductive toxicity under certain conditions or at certain levels.  The Company’s suppliers are responsible for proper identification and labeling of the Products.   

11.       Limitations of Use, Indemnity.  PRODUCTS SOLD BY THE COMPANY ARE NOT RECOMMENDED OR AUTHORIZED FOR USE IN LIFE SUPPORT, SURGICAL IMPLANTATION, NUCLEAR OR AIRCRAFT APPLICATIONS OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. Customer agrees that using or selling Products for use in such applications is done at its own risk, and agrees that the Company and the manufacturer of the Products are not liable for any claim or damage arising from such use. Customer agrees to fully indemnify, defend and hold harmless the Company and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in such applications.

12.       Governing Law.  The parties agree that this agreement, any sales thereunder, or any claim dispute or controversy (whether in contract, torT, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims between customer and Company arising from or relating to this agreement, Company’s advertising, or any related purchase shall, to the maximum extent permitted by applicable law, be governed by the laws of the state of California.

13.       Binding Arbitration.  Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tor and equitable claims between Customer and Company, its agents, employees, principles, successors, assigns, affiliates (collectively for purposes of this paragraph, “Company”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not a Party to this Agreement), Company’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) in Santa Barbara, California.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules in effect at the time either party files a demand for arbitration.  Each party shall be responsible for paying its own costs and attorneys’ fees, if any.  However, the prevailing party in any such arbitration shall be entitled to recover its reasonable attorney’s fees, costs and expenses from the other party, including but not limited to any expert witness fees.  Company and Customer, in agreeing to arbitration have knowingly and voluntarily given up any right they might possess to have any such disputes litigated in a court or jury trial, including their judicial right to discovery and appeal, except to the extent that they are specifically provided for in accordance with the applicable AAA Rules. 

 14.      Export Controls.  Products purchased are subject to export control laws, restrictions, regulations and orders of the United States.  Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder.  Customer shall be responsible for obtaining any required license to export, re-export or import.

15.       International Orders.  All orders of international origin are exported from the U.S. in accordance with Export Administration Regulations.  All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer.  The minimum order amount is one thousand dollars ($1,000.00).  Information including price quotations, handling, documentation and shipping can be obtained by writing:

 

JoBe Ops, LLC

175 Ocean View Ave

Carpinteria, CA 93013   

 

or by contacting the Company’s International Sales Team:

 

Telephone: (805) 426-9630

FAX: (805) 715-9625

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Website: www.jobe-lighting.com

 

Terms for payment on export orders are cash.  Cash orders in U.S. dollars will be accepted for immediate processing.  Credit terms may be available to qualified customers; Customer should inquire when placing order.

16.       Statements, Advice.   Company does not provide advice to Customer in connection with installation or use of Products.  If statements or advice (technical or otherwise, and whether or not provided by Company’s technical support group, agents or employees) are offered or given to Customer, such statements or advice are provided as an accommodation to Customer and without charge and Company will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.

17.       Other Documents.  This Agreement may not be altered, supplement, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by Customer and Company. 

18.       Severability.  Should any provision of this Agreement be held invalid or illegal, such illegality shall not invalidate the whole of this Agreement, but, rather, the Agreement shall be construed as if it did not contain the illegal part, and the rights and obligations of the Parties shall be construed and enforced accordingly.

19.       Third-Parties. This Agreement is for the sole benefit of the Parties and confers no rights, benefits or claims upon any person or entity not a party hereto. 

20.       Resale, licensing rights.  Customer shall not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals.  Customer acknowledges that the Company and its licensors own the intellectual property rights in the Publications, its content and its stock numbers, and that their whole or partial reproduction without the Company’s prior written consent is prohibited.