1.1 These General Terms and Conditions of Sale (“Conditions”) govern the offering sale and delivery of all goods and/or services (the goods and services herein both separately and jointly referred to as: the “Goods”) from or on behalf of Lantern and Scroll (“Seller”) to customer (“Customer”) and apply to all similar dealings between Seller and Customer.
1.2 These Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the sale and delivery of the Goods and shall apply in preference to and supersede any and all terms and conditions of any order placed by Customer and any other terms and conditions submitted by Customer.
1.3 These Conditions may only be varied or waived by a duly executed written agreement between Seller and Customer.
2. QUOTATIONS, ORDERS AND CONFIRMATION
2.1 Quotations, made by Seller in whatever form, are not binding upon Seller and merely constitute an invitation to Customer to place an order. All quotations issued by Seller are revocable and subject to change without notice. Orders are not binding until accepted by Seller. Seller is always entitled to refuse an order without indication of its reasons.
2.2 Each delivery shall stand as a separate transaction and any failure to deliver shall have no consequences for other deliveries.
3.1 Prices and currencies of Seller’s Goods are as set out in Seller’s web site and associated pricing statements unless agreed otherwise. If Seller grants a discount, this discount only relates to the delivery specifically mentioned in Seller’s offer for a single transaction. If a price is mistakenly misquoted or priced, Seller will not be bound by this mistake and reserves the right to charge the correct pricing.
4. PAYMENT AND CUSTOMER’S CREDIT
4.1 Unless expressly stated otherwise in Seller’s Confirmation, payment shall be made on the basis of net cash, at the time of purchase.
4.2 Orders will not be placed and guaranteed until payment is received in full.
5. RETURN POLICY
5.1 All returns are handled on a case by case basis. Please contact Customer Service for more information. Standard terms and conditions apply (20 % restocking fee), Return shipping at the cost of the customer. Rejection of goods without a valid defense under the U.C.C constitutes breach of contract and customer will be liable for the full cost of goods. Custom orders are not refundable or cancelable. Partial acceptance of a shipment will be full acceptance. Partial acceptance or rejection is not allowed.
6. LIMITED WARRANTY
6.1 Seller solely warrants that on the date of delivery the Goods shall conform to the product specifications as noted in descriptive materials available on the Seller web site and associated printed materials.
6.2 If and to the extent Goods fail to meet such warranty, Seller may at its own option within a reasonable time either repair or replace the Goods at no charge to Customer, or issue a credit for any such Goods in the amount of the original invoice price. Accordingly, Seller’s obligation shall be limited solely to repair or replacement of the Goods or for credit of the Goods.
6.3 However, Seller’s obligation to repair, replace, or credit shall be contingent upon receipt by Seller of timely notice of any alleged non-conformance of Goods and, if applicable, the return of the Goods.
7. LIMITATION OF LIABILITY
7.1 Under no circumstances shall Seller be liable to Customer or any other person for any kind of special, incidental, indirect, consequential or punitive damage or loss, cost or expense, including without limitation, damage based upon non-performance of the goods. Notwithstanding anything herein contained to the contrary, the liability of Seller for any and all claims for direct damages arising out of or in connection with the Goods and the use thereof shall under no circumstances exceed the original cost of the goods purchased by the customer.
8. COMPLIANCE WITH LAWS AND STANDARDS
8.1 Seller makes no promise or representation that the Goods shall conform to any law, statute ordinance, regulation, code or standard (“Laws and Standards”), unless expressly stated in Seller’s Confirmation or in the Specifications. Customer acknowledges that the Use of the Goods may be subject to requirements or limitations under Laws and Standards. Customer shall be exclusively responsible for
(i) ensuring compliance with all Laws and Standards associated with its intended use of the Goods; and
(ii) Obtaining all necessary approvals, permits or clearances for such use. Seller will not be liable to any third party, nor liable for customer’s negligence.
9. LIFETIME GUARANTEE
9. 1 Lantern & Scroll offers a lifetime guarantee. All lanterns are guaranteed free of defects in workmanship or material under standard operating and installation conditions. Electric components are guaranteed free of defects for 5 years. Our guarantee does not cover damage resulting from weather, mishandling, or broken glass. If a lantern is found to be defective, Lantern & Scroll will only repair or replace the fixture and excludes shipping costs. Please call 704.333.5088 for further information.