BINDING TERMS AND CONDITIONS
The following are the terms and conditions ("Terms and Conditions") for
the sale of products ("Products") by HiTech Lights ("HiTech Lights") to
HiTech Lights' customers ("Customers").
HiTech Lights and its affiliates provide their services to you subject to the following conditions. If you visit or shop at HiTechLights.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future HiTech Lights service or visit or purchase from any of our affiliates, you also will be subject to the guidelines and conditions applicable to such service or business.
1. LICENSE AND SITE ACCESS
HiTech Lights grants you a limited license to access and make
personal use of this site and not to download (other than page caching)
or modify it, or any portion of it, except with expressed written consent
of HiTech Lights. This license does not include any resale or commercial
use of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without
expressed written consent of HiTech Lights. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of HiTech
Lights.com and our affiliates without expressed written consent. You may
not use any meta tags or any other "hidden text" utilizing HiTech Lights
name or trademarks without the expressed written consent of HiTech
Lights. Any unauthorized use terminates the permission or license granted
by HiTech Lights. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of HiTech Lights.com so long
as the link does not portray HiTech Lights, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any HiTech Lights logo or other
proprietary graphic or trademark as part of the link without expressed
written permission.
2. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by HiTech Lights. Any
acknowledgement of receipt of an order shall not, in and of itself,
constitute such acceptance. Orders accepted by HiTech Lights may be
cancelled by Customer upon written consent of HiTech Lights provided such
order is not a “Special Order” or “Custom” product. Special Order
products are defined as Products that are not customarily in stock.
Custom products are defined as Products that have been modified to meet a
Customers specification. Special Order and Custom Products are
non-cancelable and non-refundable. In the event of cancellation or other
withdrawal of an order for any reason, and without limiting any other
remedy which HiTech Lights may have as a result of such cancellation or
other withdrawal, reasonable cancellation or restocking charges shall
include all expenses incurred and commitments made by HiTech Lights, and
shall be paid by Customer to HiTech Lights. Orders may not be canceled or
rescheduled after the order has been submitted by HiTech Lights to the
shipment carrier. HiTech Lights reserves the right to allocate sales and
limit quantities of selected Products among its customers in its sole
discretion. Product specifications and availability are subject to change
without prior notice.
2a. Returns
Customer must notify HiTech Lights within 10 days from date the shipment
was received of any defective product. Returns are normally accepted when
completed within 30 days of receiving the shipment. Returns for Holiday
Specific items (Christmas, Halloween, 4th of July) cannot be returned
after the Holiday. All returns are subject to a 15% restocking charge. If
HiTech Lights agrees to accept a return, return freight charges must be
prepaid by customer. We are not responsible for lost or damaged packages
and recommend insuring the shipment for the product cost. We recommend
shipping with a trackable carrier, such as UPS or FedEx. At your request
we will send you shipping labels to return your order. HiTech Lights will
not accept COD shipments. Some products may require return directly to
the manufacturer. Contact HiTech Lights for a Return Materials
Authorization Number and addressing instructions prior to returning
product. The foregoing statements concerning Returns do not apply to
Special Order and Custom Products. To initiate a return send an email to
info@hitechlights.com. Include
your order number, the reason for your return, and which product(s) you
would like to return.
2b. Counterfeit Product Prevention Clause
Only products originally shipped from HiTech Lights or from a supplier at
HiTech Lights direction (drop-ship) will be returned to HiTech Lights.
All others will be promptly quarantined and disposed of or returned to
the customer. By a Customer returning products to HiTech Lights, the
Customer certifies that the products were purchased from HiTech Lights
and there has been no substitution in whole or part of same product from
another supplier, distributor or other such source of the product. The
return should be in the original packaging (manufacturer or HiTech
Lights), in unused condition (except defective).
3. PRICES
Orders are billed at the prices in effect at the time the order is
placed. When HiTech Lights provides a Quote the Prices will be as
specified by HiTech Lights and will be applicable for the period
specified. If no period is specified, quoted prices will be applicable
for thirty (30) days. Prices are exclusive of taxes, impositions and
other charges, including sales, use, excise, value-added and similar
taxes or charges imposed by any government authority, domestic or
international shipping charges, forwarding agent's and broker's fees,
bank fees, consular fees, and document fees.
4. TERMS OF PAYMENT
All payments must be made in the US Dollars and can be paid by credit
card or purchase order (on approved credit and with prior authorization).
Credit cards accepted include Visa, MasterCard, and Discover. Credit card billing information must be verified on new customers prior to shipment of order.
4.1 TERMS OF PAYMENT
For All Orders
Customer agrees to pay the entire net amount of each invoice from HiTech
Lights prior to the order shipping.
Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by HiTech Lights against any obligation owing by Customer to HiTech Lights under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to HiTech Lights. The acceptance by HiTech Lights of such check will not constitute a waiver of HiTech Lights right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, HiTech Lights may pursue any legal or equitable remedies, in which event HiTech Lights will be entitled to reimbursement of costs for collection and reasonable attorneys' fees. There is a $25 (USD) service charge on all returned checks.
5. SALES TAX
US Shipments
When required by law HiTech Lights will collect Federal, State and/or
Local sale, use, excise, and other taxes that apply to a Customer's
shipment. These taxes are in addition to the purchase price of the
Products subject to an order. Customer will remit the correct tax unless
customer is tax exempt and HiTech Lights has a valid signed tax exemption
certificate on file.
INTERNATIONAL Shipments
All applicable VAT, PST, HST, and/or GST charges along with brokerage
fees will be the responsibility of the Customer and due at the time of
delivery.
6. DELIVERY AND TITLE
All shipments by HiTech Lights are F.O.B. point of shipment from HiTech
Lights or supplier facility and the amount of all transportation charges
will be paid to HiTech Lights by the Customer in addition to the purchase
price of the Products. Subject to HiTech Lights right of stoppage in
transit, delivery of the Products to the carrier will constitute delivery
to Customer and title and risk of loss will pass to Customer. HiTech
Lights will make reasonable efforts to initiate shipment and schedule
delivery as close as possible to Customer's requested delivery date(s).
Customer acknowledges that delivery dates provided by HiTech Lights are
estimates only and that HiTech Lights will not be liable for failure to
deliver on such dates. Selection of the carrier and delivery route will
be made by HiTech Lights unless specifically designated by Customer.
HiTech Lights reserves the right to make deliveries in installments.
Delay in delivery of one installment will not entitle Customer to cancel
any other installment(s). Delivery of any installment of Products within
thirty (30) days after the date requested will constitute a timely
delivery. Delivery of a quantity that varies from the quantity specified
shall not relieve Customer of the obligation to accept delivery and pay
for the Products delivered.
7. HITECH LIGHTS LIMITED WARRANTY
HiTech Lights warrants that its products will be free from defects in
materials and workmanship for a period of 90 days from the date of
original purchase. Customer must notify HiTech Lights within 10 days from
date the shipment was received of any defective product. This warranty is
in lieu of any and all other warranties, whether oral, written,
expressed, implied or statutory. This warranty does not apply to any
defects caused by negligence, misuse, alteration, abuse or accidents.
This warranty does not cover damages that occur as a result of shipment,
storage, accidents, failure to follow instructions, shocks and/or
crashes, misuse, use not consistent with the original intent for the
product, neglected or poorly maintained products, improper assembly,
assembly with non-compatible products, normal wear and tear, or
modifications to the original product. HiTech Lights shall not be
responsible for any special, indirect, incidental or consequential
damages, whether or not foreseeable and whether or not the action is
based on contract warranty, negligence, or strict or products liability.
Implied warranties of fitness for a particular purpose and
merchantability are specifically excluded and shall not apply. In the
event of a warranty claim, the sole obligation of HiTech Lights is to
repair or replace, at its option, the defective part or product. This
warranty covers only the original purchaser accompanied by proof of
purchase. A return authorization number must accompany all returns.
HiTech Lights makes no warranties, express or implied, other than as set
forth above. In the event of legal action, the sole proper venue for all
claims or disputes under this warranty shall be contested in the courts
of the San Bernardino County in the State of California. This warranty
gives you specific legal rights, which may vary from state to state. Some
states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations may not apply to you.
8. LIMITATION OF LIABILITIES
IN NO EVENT SHALL HITECH LIGHTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to,
damages resulting from loss of profit or revenue, recall costs, claims
for service interruptions or failure to supply downtime, testing,
installation or removal costs, costs of substitute products, property
damage, personal injury, death or legal expenses. Customer's recovery
from HiTech Lights for any claim shall not exceed the purchase price paid
by Customer for the goods, irrespective of the nature of the claim,
whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY,
DEFEND AND HOLD HITECH LIGHTS HARMLESS FROM ANY CLAIMS BROUGHT BY ANY
PARTY REGARDING PRODUCTS SUPPLIED BY HITECH LIGHTS.
9. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to
Customer, such statements or advice will be deemed to be given as an
accommodation to Customer and without charge. HiTech Lights shall have no
responsibility or liability for the content or use of such statements or
advice.
10. INTELLECTUAL PROPERTY
If an order includes software, sequences, or other intellectual property,
such software or other intellectual property is provided by HiTech Lights
to Customer subject to the copyright and user license, the terms and
conditions of which are set forth in the license agreement accompanying
such software or other intellectual property. Nothing herein shall be
construed to grant any rights or license to use any software, sequences,
or other intellectual property in any manner or for any purpose not
expressly permitted by such license agreement. Software and sequences are
not refundable once they are downloaded from the website and/or shipped
on CD, SD card, or other media.
11. FORCE MAJEURE
HiTech Lights will not be liable for delays in delivery or for failure to
perform its obligations due to causes beyond its reasonable control
including, but not limited to, product allocations, material shortages,
labor disputes, transportation delays, unforeseen circumstances, acts of
God, acts or omissions of other parties, acts or omissions of civil or
military authorities, Government priorities, fires, strikes, floods,
severe weather conditions, computer interruptions, terrorism, epidemics,
quarantine restrictions, riots or war. HiTech Lights time for delivery or
performance will be extended by the period of such delay or HiTech Lights
may, at its option, cancel any order or remaining part thereof, without
liability by giving notice to Customer.
12. EXPORT CONTROL
HiTech Lights is committed to compliance with all U.S. Export Regulations
and Laws. HiTech Lights will not sell or ship to countries embargoed by
the U.S. Treasury Office of Foreign Asset Control (OFAC). HiTech Lights
will not sell or ship to individuals or organizations identified by the
U.S. Treasury as Specially Designated Nationals and Blocked Persons.
HiTech Lights will not sell or ship products prohibited under Export
Administration Regulations to individuals or organizations identified by
the U.S. Department of Commerce, Bureau of Industry and Security (BIS).
HiTech Lights will not seek export licenses pursuant to Export
Administration Regulations. Furthermore, HiTech Lights prohibits the
re-export, brokering or transshipment of its products to any individual,
organization or country prohibited by the OFAC or BIS. The sale, resale
or other disposition of Products, and any related technology or
documentation, are subject to the export control laws, regulations and
orders of the United States and may be subject to the export and/or
import control laws and regulations of other countries. Customer agrees
to comply with all such laws, regulations and orders. Customer further
acknowledges that it shall not directly or indirectly export any Products
to any country to which such export or transmission is restricted or
prohibited. Customer acknowledges its responsibility to obtain any
license to import as may be required.
13. GENERAL
The Terms and Conditions may not be modified or cancelled without HiTech
Lights written agreement. Accordingly, goods furnished and services
rendered by HiTech Lights are sold only on the terms and conditions
stated herein. The sale of Products hereunder will be governed by the
Terms and Conditions, notwithstanding contrary or additional terms and
conditions in any order purchase order, planning schedule,
acknowledgment, confirmation or any other form or document issued by
either party affecting the purchase and/or sale of Products. Any
conflicting statements, terms or additional terms and conditions listed
on the Customer purchase orders, invoices, confirmations or other
Customer generated documents ("Customer Documents"), whether heretofore
or hereafter submitted, are hereby objected to by HiTech Lights. HiTech
Lights performance of any contract is expressly made conditional on
Customer's agreement to HiTech Lights Terms and Conditions of Sale,
unless otherwise specifically agreed upon in writing by HiTech Lights. In
the absence of such agreement, commencement of performance and/or
delivery shall be for Customer's convenience only and shall not be deemed
or construed to be acceptance of Customer's terms and conditions or any
of them. If a contract is not earlier formed by mutual agreement in
writing, acceptance by Customer of any goods or services shall be deemed
acceptance by Customer of the terms and conditions stated herein. No
rights, duties, agreements or obligations hereunder, may be assigned or
transferred by operation of law, merger or otherwise, without the prior
written consent of HiTech Lights. The obligations, rights, terms and
conditions hereof will be binding on the parties hereto and their
respective successors and assigns. The waiver or breach of any term,
condition or covenant hereof, or default under any provision hereof, will
not be deemed to constitute a waiver of any other term, condition, or
covenant contained herein, or of any subsequent breach or default of any
kind or nature. Any provision hereof which is prohibited or unenforceable
in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof in that jurisdiction, or affecting the
validity or enforceability of such provision in any other jurisdiction.
The Terms and Conditions will be governed by and construed in accordance
with the laws of the state of California and the applicable laws of the
United States. In the event of legal action, the sole proper venue for
all claims or shall be contested in the courts of the Riverside County in
the State of California.
14. COLLECTION OF PERSONAL INFORMATION
By purchasing Products from HiTech Lights or visiting HiTech Lights.com,
you agree to HiTech Lights use of your personal information as described
in the HiTech Lights Privacy Policy, located at
http://www.hitechlights.com/privacy.html.