Terms and Conditions


Acceptance:

The following terms and conditions of sale are applicable to all sales of Products or Services, and all quotations, order acknowledgments, and invoices from Beyond LED Technology (“Beyond LED”) and to all purchase orders from Beyond LED’s customers (“Purchasers”) and are the only terms and conditions applicable to the sale of Beyond LED’s products or services, except those relating solely to prices, quantities, delivery schedules, terms of payment, invoicing, shipping instructions, or descriptions of the products outlined in Purchaser’s purchase orders (collectively, “Purchase Order Terms”). Purchase Orders, if accepted by Beyond LED, are accepted subject to the terms and conditions set forth herein. BEYOND LED HEREBY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS PROPOSED BY PURCHASER, WHETHER OR NOT CONTAINED IN ANY OF PURCHASER’S BUSINESS FORMS OR PURCHASER’S WEBSITE, AND SUCH ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS SHALL BE VOID AND OF NO EFFECT UNLESS SPECIFICALLY AGREED TO BY BEYOND LED IN WRITING. Purchaser’s acceptance of Products or Services (“Products or Services”) called for in said Purchase Order shall constitute its acceptance of the following terms and conditions of sale (this “Agreement”). Any changes to these terms and conditions must be in writing and signed by Beyond LED.

Site Usage:

Purchaser is bound by the following principles on the use of the Site: (i) Purchaser will not use a false e-mail address or other personal information, impersonate any person or entity, or otherwise mislead as to the origin of Purchaser's Content; (ii) Purchaser will not interfere with the use of the Site by or harass any other user; (iii) Purchaser agree to use the Site only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries); (iii) Purchaser will not engage in any activity that interferes with or disrupts the Site; (iv) Purchaser will not use the Site for any other purpose other than in accordance with the Terms; (v) Purchaser will not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under any law; and (vi) and Purchaser will not collect other users’ content or information from the Site through any automated means (including use of scripts or web crawlers) and shall ensure that Purchaser complies with the instructions set out in any robots.txt file present on the Site.

Tasks and Duties of a Purchaser:

The Purchaser shall bear full responsibility for any violation of your responsibilities under this Term and Condition and any resulting consequences of such. When the Purchaser becomes aware of any illegal use of your account, kindly promptly inform us. Purchaser affirm and guarantee that you own or otherwise possess full authority over all the rights to Your Content, that Your Content is precise, and that the utilization of Your Content does not infringe upon the Terms and Conditions and will not result in harm to any individual or business. Purchaser agrees to compensate Beyond LED for any claims that arise as a consequence of the content you provide.

Third-Part Website Links:

Third-party website links, not managed by Beyond LED, are included purely for the convenience of the Purchaser. Beyond LED typically does not conduct evaluations of these third-party websites and does not have authority over or assume responsibility for the content of these websites. Beyond LED neither supports nor provides any endorsements or assertions about them or any information, software, or other items or resources discovered there, nor the outcomes that may be achieved by using them. If the Purchaser chooses to visit any of these third-party websites, they do so solely at their own risk.

Quotation:

Quotations are only valid in writing and for 30 days from the date of the Quotation unless otherwise notified. All Quotations by Beyond LED are subject to change or withdrawal without prior notice to the Purchaser unless otherwise specifically stated in the Quotation. Quotation is made subject to approval by Beyond LED of Purchaser’s credit. Beyond LED shall have no obligation to sell or deliver Products or Services covered by Beyond LED’s Quotation unless and until Beyond LED issues an order acknowledgment form or upon the shipment of Products or commencement of Services by Beyond LED.
 

Prices:

Prices are in U.S. Dollars and are subject to change without notice. Time of payment is of the essence. All new orders are accepted subject to Beyond LED’s price in effect at the time of shipment. Current price lists are available through our online portal or by contacting Beyond LED.

Terms of Payment:

The inspection rights granted to the Purchaser will not affect or alter the payment terms or the timing of the Purchaser’s payment obligations. Under no circumstances will the Purchaser have a right of set-off. Payment is due before delivering the goods unless agreed in writing. If credit terms are approved by Beyond LED, terms of payment are 30 days net from the date of Beyond LED’s invoice. Purchaser agrees to pay interest on overdue invoices at the rate of 2 ½ % per month, but not higher than the highest rate permitted by law. If the Purchaser fails to make any payment as required, the Purchaser agrees to indemnify Beyond LED for all costs and expenses, including reasonable attorney fees, court costs, and associated expenses incurred by Beyond LED.  In the event of default, all future warranties are voided.

Credit Approval:

All shipments to be made here under Credit shall at all times be subject to the approval of Beyond LED’s credit department. Beyond LED may invoice Purchaser and recover for each shipment made pursuant to this Agreement as a separate transaction without regard to any other order or agreement with Beyond LED, or if, in Beyond LED’s sole judgment, the financial responsibility of Purchaser is or becomes unsatisfactory, then Beyond LED may, at its option and without prejudice to any of its other remedies, (a) defer or decline to make any shipments hereunder except upon receipt of satisfactory security or cash payments in advance, and/or (b) terminate all Purchase Orders of Purchaser.

Cancellation:

Once Beyond LED has either accepted a Purchase Order or has begun taking actions with respect to the Purchase Order, such Purchase Order cannot be canceled, terminated, or modified by Purchaser in whole or in part except with Beyond LED’s consent in writing and then only upon terms and conditions to be agreed upon which shall include protection of Beyond LED against all losses. Purchaser shall indemnify Beyond LED for any costs incurred, including material and labor costs, in connection with any Purchase Order that Purchaser desires to cancel, terminate, or modify.
 

Return Policy:

Returns can be requested within 15 days from the original invoice date if the product is unopened and in resalable condition. We can provide a refund, store credit, or exchange of products. A Returned Merchandise Authorization (RMA) form will be provided to include with your return package(s). The customer is responsible for return shipping and the original cost of shipping (Including freight allowance Shipping Cost). For any defective, damaged, or incorrectly shipped orders, we will provide the Return label(s). As per the General Information, a 15% restocking fee will be applied to the product/products total value of up to $1499 and 20% restocking will be applicable on all returns over $1500 for orders with the terms of returning an item for a refund/exchange. Custom orders will be excluded from returns, exchanges, and receiving credit. A restocking fee policy will be applied on refused delivery.

For any exchange within 15 days of the original date of purchase, we must receive the product before shipping the replacement. In the event of need of product urgently you must purchase correct product separately. Once the returned product is received refund or store credit will be issued.

We will not cover any expense incurred before, during, or after the return process for renting lifts, bucket trucks, buying another brands’ replacement lights, labor charges, or anything other cost associated with the installation or removal of our product.

Shipment Routing:

Beyond LED retains the prerogative to figure out the freight routing for every Purchase Order. Although Beyond LED will make every effort to dispatch orders in their entirety, it reserves the right to divide shipments in order to guarantee punctual delivery.
 

Inspection/Non-Conforming Shipments:

Beyond LED grants Purchaser the right to inspect Products for a period of five (5) business days immediately following delivery (“Inspection Period”). Purchaser must notify Beyond LED of any Products that do not conform to the terms applicable to their sale within the inspection period, enclose a copy of the invoice on which the Products were purchased, and afford Beyond LED a reasonable opportunity to inspect such Products and cure any nonconformity. If Purchaser fails to provide Beyond LED with notice of nonconformity within the Inspection Period, Purchaser shall be deemed to have accepted the Products. Purchaser will have no right to return any Product without Beyond LED’s prior written authorization. Any return authorized by Beyond LED must be made in accordance with Beyond LED’s return policies then in effect and must be accompanied by a Returned Merchandise Authorization (“RMA”) from Beyond LED. Purchaser will be responsible for all costs and expenses associated with any returns of Products and will bear the risk of loss or damage of such Products unless Beyond LED agrees otherwise in writing or determines that the Products do not conform to the applicable terms of sale. Beyond LED, in its sole discretion may reject any return of Product not approved by Beyond LED in accordance with this paragraph or otherwise not returned in accordance with Beyond LED’s then current-return policies.

Risk of Loss / Delivery:

Beyond LED reserves the right to ship items in a single or multiple shipments. Beyond LED shall figure out the freight routing for every Purchase Order. Beyond LED anticipates the use of common carriers for transport of Products unless other arrangements are made in writing. Purchaser shall assume all risk and liability for loss, damage, or destruction, as well as the results of any use or misuse by third parties who may acquire or use the Products illicitly after the delivery to the carrier. Unless mutually agreed upon, shipping dates are approximate and are based upon prompt receipt of all necessary information.
 

Damage:

On Products shipped to F.O.B. (Free on Board) destination, Purchaser shall notify Beyond LED and the delivering carrier within three (3) business days from the date of receipt of Products, if any damage or shortage, and afford Beyond LED a reasonable opportunity to inspect the Products. On Products shipped F.O.B. Beyond LED’s warehouse, any loss occasioned by damage or shrinkage in transit will be for Purchaser’s account and claims for such loss shall be made solely against the carrier.

Installation Terms:

Beyond LED is not liable for the installation and operation of its Products. The installation of the Products must adhere to the National Electric Code (NEC), the Standards for Safety of Underwriter's Laboratories, Inc. (UL), the Standards of the American National Standards Institute (ANSI), and the particular instructions supplied by Beyond LED.

Limitation of Liability and Remedies:

BEYOND LED SHALL NOT BE LIABLE, AND THE PURCHASER WAIVES ALL CLAIMS AGAINST BEYOND LED, FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON BEYOND LED’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. BEYOND LED WILL NOT BE LIABLE TO THE PURCHASER FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE HANDLING, STORAGE, TRANSPORTATION, RESALE, OR USE OF ITS PRODUCTS IN MANUFACTURING PROCESSES, OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE. IN NO EVENT WILL BEYOND LED’S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SALE OF PRODUCTS BY BEYOND LED EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE.
 

Adherence to Local Requirements:

Some states and local authorities may prohibit the storage, sale, or use of certain products within their jurisdiction. Prior to shipping, Beyond LED will make conscious attempts to notify the Purchaser if a product may not be retained, sold, or utilized in the specific region where the products are being shipped. The Purchaser agrees to compensate Beyond LED for any fines and expenses incurred because of infringement of local rules, including but not limited to penalties and fees levied by government authorities and legal fees.
 

Inventory:

Beyond LED is under no obligation to take back material for credit or exchange when the reason for the return was anything other than Beyond LED’s error. At Beyond LED’s sole discretion, should a return of this nature be authorized, the Products returned must be in their original packaging, and be in resalable condition. A minimum 15% restocking charge will apply as well as any additional charges necessary to restore Products to a resalable condition.

Technical Data:

All physical properties, statements, and recommendations are either based on the tests or experience that Beyond LED believes to be reliable, but they are not guaranteed.

Product Use:

Purchaser is solely responsible for determining whether any Product is fit for a particular purpose and suitable for Purchaser’s method of application. Accordingly, and due to the nature and manner of use of Beyond LED’s Products, Beyond LED is not responsible for the results or consequences of the use, misuse, or application of its Products by anyone.

Taxes:

Purchaser shall pay to Beyond LED, in addition to the purchase price, the amount of sales taxes which Beyond LED is required to collect in connection with the Products or Services sold to Purchaser. Failure by Beyond LED to collect any such fees or taxes shall not affect Purchaser’s obligations hereunder and Purchaser shall fully defend, indemnify, and hold harmless Beyond LED with respect to such tax obligations. Purchaser must provide a copy of sales tax-exempt certificate to quality for exemption.

Ownership of Intellectual Property:

All drawings, know-how, designs, specifications, developments, processes, copyrights, and other information or Intellectual Property disclosed or otherwise provided to Purchaser by Beyond LED and all rights therein (collectively, “Intellectual Property”) will remain the property of Beyond LED and will be kept confidential by Purchaser in accordance with these terms and conditions. Purchaser shall have no claim to, nor ownership interest in, any Intellectual Property, and such information, in whatever form and any copies thereof, shall be promptly returned to Beyond LED upon written request from Beyond LED. Purchaser acknowledges that no license or rights of any sort are granted to Purchaser hereunder in respect of any Intellectual Property.

Confidential Information:

All information furnished or made available by Beyond LED to the Purchaser in connection with the subject matter of this Agreement or of the Purchaser’s Purchase Order shall be held in confidence by the Purchaser. Purchaser agrees not to use such information or disclose such information to others without Beyond LED’s prior written consent. The obligations in this paragraph will not apply to any information which (a) at the time of disclosure was or thereafter becomes, generally available to the public by publication or otherwise through no breach by the Purchaser of any obligation herein, (b) the Purchaser can show by written records was in the Purchaser’s possession prior to disclosure by Beyond LED, or (c) is legally made available to the Purchaser by or through a third party having no direct or indirect confidentiality obligation to Beyond LED with respect to such information.

Infringement and Indemnification:

Except as set forth below, Beyond LED agrees to defend, indemnify, and hold the Purchaser harmless against any claims, costs, damages, liability, and expenses resulting from actual trademark, or copyright infringement, misappropriation of confidential information, or violation of any other Intellectual Property right, domestic or foreign, that may arise from the sale of Product that is owned by Beyond LED and that pertains to the subject matter of this Agreement (provided that Product is not modified in any way by the Purchaser or any other party, and that the Product is used in the manner intended by Beyond LED). If a suit or claim results in any injunction or any other order that would prevent Beyond LED from supplying any part or Product falling under this Agreement, or if the result of such a suit or claim would, in the reasonable opinion of Beyond LED, otherwise cause Beyond LED to be unable to supply such parts or Products, Beyond LED shall have the right, at its option, if it so chooses, to do one or more of the following: (i) secure an appropriate license to permit Beyond LED to continue supplying said parts or Products to Purchaser; (ii) modify the appropriate part or Product so that it becomes non-infringing; (iii) replace the appropriate part or Product with a non-infringing but practically equivalent part or Product; or (iv) if Beyond LED cannot reasonably accomplish the actions specified in subparagraphs (i) – (iii), then in Beyond LED’s sole discretion, Beyond LED may discontinue selling the part or Product without any further liability to Purchaser. (v) Purchaser agrees to defend, indemnify, and hold Beyond LED harmless against any claims, costs, damages, liability and expenses resulting from actual or alleged patent, trademark, or copyright infringement, misappropriation of confidential information, or violation of any other Intellectual Property right, domestic or foreign, that may arise from the making, using, or selling of any part or Product or using any process that is owned by the Purchaser or is designed or specified by the Purchaser and that pertains to the subject matter of this Agreement.  (vi) If any claim is made by a third party on the basis of which indemnification may be sought under this paragraph, the party entitled to indemnification (the “Indemnified Party”) shall give written notice of such claim to the party liable for such indemnification (the “Indemnifying Party”) promptly after the Indemnified Party has actual notice of such claim. The Indemnifying Party shall have the right to defend and/or settle such claims at its expense, provided that it does so diligently and in good faith. The Indemnified Party shall cooperate with such defense and/or settlement and shall have the right to participate in (but not to control) such defense and/or settlement at its expense. No settlement shall be entered into unless the Indemnified Party shall be released from all liability for such claim.

Force Majeure:

Beyond LED shall not be liable for failure to perform or delay in performance or delivery of any Products or Services due to (i) fires, floods, strikes, or other labor disputes, accidents, sabotage, terrorism, war, riots, acts of precedence or priorities granted at the request or for the benefit, directly or indirectly, of any federal, state, or local government or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by federal, state, or local laws, rules or regulations; or (ii) any other cause beyond the control of Beyond LED. In the event of the occurrence of any of the foregoing, the time for performance shall be extended for such time as may be reasonably necessary to enable Beyond LED to perform. Beyond LED may, during any period of shortage due to any of the above circumstances, allocate its available supply of Products or Services among itself and its Purchasers in such manner as Beyond LED, in its judgment, deems fair and equitable.

Assignment and Delegation:

No assignment of any rights or interest or delegation of any obligation or duty of Purchaser under these terms and conditions, Beyond LED’s Quotation, order acknowledgment, invoice, or Purchaser’s Purchase Order may be made without the prior written consent of Beyond LED. Any attempted assignment or delegation will be wholly void and ineffective for all purposes.

Integration Clause:

These terms and conditions, together with Beyond LED’s Quotation, order acknowledgment, and invoice to a Purchase Order accepted by Beyond LED, constitute the entire contract of sale and purchase between Beyond LED and the Purchaser with respect to the Products covered by this Agreement and supersedes any prior agreements, understandings, representations, and Quotation with respect thereto. No modification hereof shall be of any force or effect unless in writing and signed by the party claiming to be bound thereby.

Waiver:

No failure of Beyond LED to insist upon strict compliance by Purchaser with these terms and conditions or to exercise any right accruing from any default of Purchaser shall impair Beyond LED’s rights in case Purchaser’s default continues or in case of any subsequent default by Purchaser. A waiver by Beyond LED of any breach by the Purchaser of these terms and conditions shall not be construed as a waiver of any other existing or future breach.
 

Limitation of Actions:

Notwithstanding any contrary statute of limitations, any cause of action for any alleged breach of these terms and conditions by Beyond LED shall be barred unless commenced by the Purchaser within one (1) year from the accrual of such cause or action.

Litigation Costs:

If any litigation or arbitration is commenced between Beyond LED and Purchaser concerning any provision of this Agreement, the party prevailing in the litigation or arbitration is entitled, in addition to such other relief that is granted, to a reasonable sum as and for their attorney’s fees in such litigation or arbitration, provided that if each party prevails in part, such fees shall be allocated in such manner as the court or arbitrator shall determine to be equitable in view of the relative merits and amounts of the party's claims.

Choice of Laws:

Any dispute arising out of or related to this Agreement shall be governed by and construed according to the laws of the State of Georgia and litigated exclusively in a state or federal court located in Atlanta, Georgia. The parties hereby agree to the exclusive jurisdiction and venue of such courts.

Jury Waiver:

The parties hereto expressly release and waive any and all rights to a jury trial and consent to have any dispute heard solely by a Court of competent jurisdiction.

MISCELLANEOUS:

This Agreement is the entire agreement between the parties, Beyond LED and the Purchaser, with respect to the subject matter hereof and supersedes all prior agreements and negotiations between the parties. This Agreement may be supplemented, modified, or amended only in writing signed by the duly authorized representatives of both parties, Beyond LED and the Purchaser. This Agreement shall inure to the benefit of and shall be binding upon the parties respective successors and assigns. In the event that any provision of this agreement shall be found to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, or enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired by such a finding.

This Agreement may be signed in counterparts, all of which shall be considered to be one and the same agreement and shall become effective when signed and delivered.

OTHER REPRESENTATIONS:

The Purchaser agrees that Beyond LED has made no representations of any kind with respect to the agreement between the parties or to the Products to be supplied under such agreement, except as such representations are expressly set forth herein.