TERMS OF SALE

These terms of sale govern your purchase of any product offered by LED Lighting Wholesale INC. on ledlightingwholesaleinc.com. Please read these terms of sale carefully as they contain 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 modifications without prior written notice and at any time in LED Lighting Wholesale INC. sole discretion.

1) Products

LED Lighting Wholesale Inc. may discontinue any product at any time without notice. Product images are for illustrative purposes only and may differ from the actual product. 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 LED Lighting Wholesale Inc. until accepted. LED Lighting Wholesale Inc. 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. Orders will be processed in order they are received during the operational business hours of 9am-5pm M-F. All changes to processing orders must be done over the phone with a representative. Orders can not be changed once they have shipped, regardless of the order status as it appears online.

5) Payment

Payment can be made with Visa, MasterCard, American Express and Discover credit cards & Paypal. Your credit card will be charged when your order is placed. LED Lighting Wholesale Inc. also accepts Purchase Orders from customers who have received LED Lighting Wholesale Inc credit approval. To apply for LED Wholesale Credit, please call 1-877-LED-5554 or click on this link: Credit Application. For customers who purchase on open account, LED Wholesale 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, LED Lighting Wholesale Inc. must collect sales tax for orders SHIPPED in Michigan.

7) Delivery

While LED Lighting Wholesale Inc. will make every reasonable effort to ship your orders within a reasonable time frames, LED Lighting Wholesale Inc. is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond LED Lighting Wholesale Inc. 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 LED Lighting Wholesale Inc., including without limitation, power outages or attacks on this Site such as by persons known as "hackers".

8) International Shipments

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, LED Lighting Wholesale Inc. 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). S&H charges along with any charged Freight are non-refundable in occurrences where LED Lighting Wholesale Inc. has made no error in merchandising or shipping. Freight shipments for orders qualifying for free shipping are subject to additional delivery charges if delivering to a residential address or if requiring a lift-gate delivery. All free-freight orders can be hand-unloaded for no additional charged to a commercial address'. Refusal of delivery may also be subject to additional shipping charges. All website order ship via UPS Ground or FedEx Ground and are not automatically guaranteed signature requirement. Expedited shipping can be provided for additional charges by calling your order during the business hours of 9am-5pm EST, granted there is sufficient processing time for the request. NOTICE: James Industries orders average a 10 day lead time before shipping due to an increased volume of orders.

10) Warranties

ALL PRODUCTS ARE SOLD "AS IS," AND LED Lighting Wholesale Inc. 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*

LED Lighting Wholesale 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 up to 30% will apply to returned orders. Refunds will be made by original method of payment. Keep all defective LED fixtures/bulbs until provided a return label or unless instructed otherwise by a Sales Associate. 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, Special Order products, orders outside the continental U.S., and shipments delivered via common carrier. Please call 1-877-LED-5554 to obtain a Returned Material Authorization (RMA) before returning any product. LED Lighting Wholesale Inc. 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. ALL SHIPMENTS MUST BE FULLY INSPECTED BY CUSTOMER WHEN MAKING A DAMAGE CLAIM. WE ONLY ALLOW 1 PER SHIPMENT.

12) Mistaken and Damaged Shipments

LED Lighting Wholesale Inc. 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 1-877-LED-5554 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 LED Lighting Wholesale Inc.. LED Lighting Wholesale Inc. 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, LED Lighting Wholesale Inc. 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 LED Wholesale 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 State of Michigan applicable to contracts made and to be enforced wholly within the State of Michigan.

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 Michigan.

17) Jurisdiction and Venue

You and LED Lighting Wholesale Inc. (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 State of Michigan, 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.