Terms & Conditions
CATALOG AND PRICE SHEETS: The Farlight catalog and price sheets have been prepared for the convenience of the user and shall not be interpreted as an offer to sell. Every effort is made to make them accurate and complete for each printing. Farlight reserves the right to delete or change designs or information at any time without notification.
PRICES: All orders are subject to prices and terms of sale in effect on the date of shipment and are subject to change without notice. All price quotations will expire within ninety (90) days from the date of quotation unless otherwise specified. Orders placed on Hold For Release which are not released with a shipment date within ninety (90) days of the date of quotation shall be subject to a price increase. Prices do not include federal, state or local taxes of any nature.
PAYMENT TERMS: Payment terms for approved credit by Farlight are net thirty (30) days from the date of invoice. A late payment charge of 1-1/2% per month will be added to all outstanding balances after thirty (30) days from date of invoice. A prepayment of up to 100% of the order may be required of new customers and for custom orders.
RISK OF LOSS: Unless otherwise noted, sales of products will be F.O.B. factory. The risk of loss shall pass to the buyer upon delivery of Products by Farlight to the carrier.
SPECIFICATION CHANGES: All specifications, either contained in Farlight’s manual, catalog, website, promotional literature, or special application drawings are subject to change without notice and without liability to Farlight.
SHIPPING DATES: Acknowledged shipping dates are our best approximation of the probable shipping date and shall not be deemed to present a fixed or guaranteed date. Farlight shall not be responsible for any damages, penalties, or labor charge backs resulting from delayed shipments or from its inability to ship by the acknowledged shipping date.
DAMAGED EQUIPMENT: Farlight assumes no responsibility for damaged freight. Please inspect each carton for evidence of damage before accepting shipment. If damage is suspected, refuse shipment. If damage is concealed, immediately cease unpacking and notify the carrier representative.
FREIGHT TERMS: Freight will be F.O.B. factory. Freight charges will be prepaid and added to the invoice. Shipping arrangements may be made and prepaid by the purchaser.
CONSEQUENTIAL DAMAGE: Farlight is not liable for damage of any kind resulting from any delay or failure to deliver or perform due to strikes, lockouts or other labor difficulties, or failure due to delay of sources of supply, transportation difficulties, accidents, fires, acts of God, or any other causes beyond Farlight’s control.
RETURN OF GOODS: No material may be returned without written authorization from Farlight. All returns will be issued a minimum 25% restocking charge. The purchaser must prepay transportation. Final credit will be determined after receipt of the material. All material must arrive in its original operating condition as no credit will be issued for damaged material. No material will be accepted for credit after three (3) months from date of shipment.
AUXILIARY EQUIPMENT: Ballasts, transformers or power supplies furnished as components with our products carry the warranty or warranties of the manufacturer of that equipment.
OTHER CLAIMS: All claims against Farlight, other than valid warranty claims, including claims for shortages and errors, must be made in writing within ten (10) days after delivery. The facts on which the claim is based must be directed in writing to Farlight. Failure to make any such claim within ten (10) days after delivery shall constitute acceptance of the merchandise and waiver of any such shortages, errors or other claims.
CANCELLATION OF ORDERS: All cancellations must be made in writing. Buyers who cancel orders with less than sixty (60) days written notice shall be charged 15% of the order value.
GOVERNING LAWN: These terms and conditions are governed by the law of Victoria, Australia.
Farlight AUSTRALASIA warrants all products to be free from defects in material and workmanship for a period of five (5) years from the date of shipment.
Farlight’s sole responsibility under this warranty shall be, at its option, to repair or replace the defective product. There are no other expressed or implied warranties, including any implied warranty of merchantability or fitness.
Farlight will not be liable for consequential damages or the cost of removal or reinstallation of its products.
Buyer shall pay for all shipping costs to and from Farlight for all repairs or replacement covered by the warranty.
The warranty shall not apply to defects or damage caused by shipping, improper installation, improper use, or abuse of the product. Damage caused by lightning or other acts of God are not covered by the warranty.
This warranty does not apply to products manufactured by companies other than Farlight, regardless of whether they have been sold by Farlight for use in conjunction with Farlight products.
LIMITATION OF LIABILITY
In no event will Farlight be liable for special, indirect, incidental, or consequential damages, regardless of the form of action, whether in contract, strict liability, or in tort, including negligence, nor for lost profits.
Nor shall the liability of Farlight for any claims or damage arising out of, or connected with, this agreement or the manufacture, sale, delivery, use, maintenance, repair or modification of the products or supply of any replacement parts thereof, exceed the purchase price of the products.
This limitation of liability shall apply to any liability for default under or in connection with the products, the parts, use, performance, or services delivered hereunder whether based on warranty, failure of or delay in delivery, or otherwise. This clause shall survive failure of an exclusive remedy.