Quality Light Source Sales Terms and Conditions
- Sales License
All sales through QLS, its representatives, and its distributors are required to follow the enclosing terms. The license agreement to use QLS products requires that all users follow these agreements as outlined. The sale or transfer of QLS product does not remove the requirement to abide by QLS sales terms. These terms may not be changed without QLS’s explicit written consent.
- Acceptance of orders
QLS lighting accepts orders from registered accounts, and may extend credit to parties on an at will basis. Any order that is accepted by QLS automatically falls under these terms, unless otherwise stated by QLS. QLS does not enforce a minimum order quantity. QLS reserves the right to refuse any order for any reason, and will provide notification of cancelled order. QLS accepts no liability arising from cancelled orders, including but not limited to damages resulting from lost business opportunities.
- Orders, quotations and prices
QLS may provide quotations to Buyers. These are valid for (15) days after being sent by email or fax by QLS. Quotations and prices may not be transferred to other parties, and are to be kept confidential to the buyer’s company. Quotations do not include outside fees, including but not limited to state and local taxes, duties, shipping costs, etc.
QLS may at its own discretion extend credit to its Buyers. The credit limit will be established and decided by QLS. A credit application must be received by QLS from the buyer before the credit approval process can begin, and before any credit sales can take place. Failure to meet other sales agreement terms may result in immediate reduction in the Buyer’s credit limit. In the event of bankruptcy, insolvency, failure to remit payment, restructuring, or other major event, QLS may exercise all legal rights to recover value.
- Terms of payment
All orders are to be paid in full within 30 days of invoice unless there is an express written permission by QLS. There are no stated early payment discounts without the express permission of QLS. Invoices will be delivered by email, fax, or prior agreed arrangement, on the day of shipment. Payment will be received through either check, wire transfer, or ACH. QLS accounts receivable team has the right to contact buyer’s purchasing division to receive payment. Any late payments are subject to a 2% interest charge per month, until paid in full. QLS reserves the right to pursue legal remedy to cover bills, as denoted in the reconciliation section.
Agreement may be terminated by QLS if buyer does not fulfill the obligations defined in this agreement. QLS reserves the right to pursue legal remedy if the agreement is not reasonably followed. Terms in this agreement are not separable unless denoted by QLS. QLS Reserves the right to terminate the terms of this agreement at any time.
QLS offers shipping from their warehouse to buyers. Any individual sales order to one destination costing $1000 or above is subject to pre-paid freight in the continental US, and incurs no additional cost to buyers. Some exclusions may apply. Any order that does not exceed $1000 will have all shipping costs invoiced to Buyer, which are due in full at the same time as the full invoice. QLS requires Buyer to inform QLS of any lift gate requirements for delivery. A fee of $100 is added to any order requiring a lift gate, regardless of pre-paid freight status. Buyer is responsible for any costs, damages, or liability caused by not informing QLS of lift gate requirement. Buyer is liable for all costs incurred following shipment, including handling, redelivery, and final installation costs, if applicable. QLS has sole discretion in choosing shipping carrier. Expedited shipping is available, of which the buyer covers additional expenses. If Buyer is not current on credit payments, QLS reserves the right to halt sales orders from being shipped, and may not accept returned product. QLS will provide tracking information when available, but makes no guarantee that shipper will provide product at the estimated time. Buyer is not relieved of performance due to shipping delays.
For any return not related to a warranty claim, Buyer has 30 days from distributor invoice date, and within 120 days of QLS invoice to return product. Buyer must contact QLS customer support to receive a Return Goods Authorization. Product must be in resalable condition, and contain no damage caused by distributor or Buyer. Buyer is liable for all return shipping and handling charges. QLS reserves the right to refuse returns for any reason. QLS reserves the right to decide on cash credit or QLS product credit.
For defective goods covered under the QLS Warranties, Buyer must contact QLS customer support for a Return Goods Authorization, and follow process outlined by QLS warranties.
Buyer is granted the license to use QLS products in their intended application. Willful misuse or unauthorized modification will void warranty. Buyer may not utilize QLS logos, trademarks, or other copyrights in advertising material, unless specifically authorized. Buyer may not utilize QLS product to reverse engineer, infringe on any patents, examine for the purpose of replicating the product, or disassemble the product for any reason besides repair or lamp replacement. QLS may seek legal remedy if terms of this agreement are broken. QLS product may only be used in the manner for which it was intended.
Warranty for QLS fixtures and lamps are covered in separate documents. They are the only warranty in place, and supersede any verbal or written promise, without the written permission of QLS. Warranties are applied only to authorized distributors of the product, and to those Buyers they sell to. Warranties are non-transferable and apply only to products purchased from QLS and their authorized re-sellers.
- Liability Insurance
QLS products are covered by liability insurance (certificate available upon request). QLS will not be liable under any theory of relief, including without limitation breach of warranty, breach of contract, tort( including negligence), strict liability, or otherwise, arising out of or related to this agreement or products provided hereunder or QLS acts or omissions for: (i) any indirect, incidental, special or consequential damages, whatsoever ( including without limitation, loss of anticipated value of business or its reputation) or (ii) any damage or loss in excess of the price actually paid by Buyer for the products that caused the damages. Any action by Buyer must be commenced within one year after the cause of action has accrued.
- Attorney’s fees, Arbitration, and Reconciliation
In the event of default on the purchase price of QLS product, Buyer agrees to cover the cost of any debt collection agency fees, or reasonable attorney fees used in the enforcement of payment.
QLS product is not to be resold outside the USA without the express permission of QLS.
Buyer agrees to binding arbitration for any controversy or claim regarding the performance of these terms in excess of $50,000. Location of arbitration shall be defined by QLS. The venue for any legal action under $50,000 will be determined by QLS.
- Governing Body:
This agreement is governed by the laws of the State of Ohio. Buyer agrees in any legal dispute to abide by the jurisdiction of the State of Ohio.