The following are the Terms and Conditions applicable to Pro Church Lights sale of products and use of services:
The term “Seller” as used herein shall refer to Pro Church Lights. The term “Buyer” as used herein shall refer to the customer purchasing or utilizing services offered by Pro Church Lights. The terms “Product” or “Products” refer to the goods or Services (as defined hereinafter) sold by Seller. Where applicable, “Services” may refer to non-recurring engineering services, design, training, and/or consulting. The term “contract” as used herein shall refer to the terms, conditions and warranties contained in this document.
Upon agreement of the presented quote or invoice – buyer shall activate the order formally by putting forth a minimum of 50% payment. The seller will then move forward with preparing the order for shipping. Upon the shipping date, the buyer is to provide the remaining balance due in full. The order will not be shipped until any remaining balance is paid in full. If buyer decides to cancel the order after the initial 50% order initiating payment is made – a 15% cancellation fee is to be paid to cover order prep, the securing of inventory and processing fees. No exceptions.
Although it is Seller’s practice to provide as much advance notice as possible, prices are subject to change without notice and adjustment to Seller’s prices in effect at time of order placement. Unless otherwise specified by Seller, prices are for the specific quantity stated and do not include taxes nor charges for transportation, insurance, special packaging, or marking. Prices for any undelivered goods or services may be increased by Seller in the event of any increase in the cost to Seller of supplies, raw materials, labor or services, or any increase in Seller’s cost resulting from any cause beyond Seller’s control.
(a) Payment will be made according to agreed upon terms: credit card, ACH, or e-check.
(b) Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by Seller against any obligation owing by Buyer to Seller, under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Buyer’s liability for any additional amounts owing by Buyer to Seller; and the acceptance by Seller of such check shall not constitute a waiver of Seller’s right to pursue the collection of any remaining balance.
(c) Buyer agrees to pay the entire net amount of each invoice rendered by Seller pursuant to the terms of each such invoice without offset or deduction.
(a) Standard payment terms require receipt of payment in advance of performance.
(b) Seller reserves the right to require payment in advance or otherwise modify credit terms either before or after shipment of any or all of the goods specified herein, if, for any reason, Buyer’s credit is or becomes objectionable to Seller. If Seller believes in good faith that Buyer’s ability to make the payment called for by this contract is or may be impaired, Seller may cancel this contract or any remaining balance thereof but buyer will incur the 15% cancelation fee. Buyer remains liable to pay for any goods already shipped.
(c) In the event that the Buyer fails to keep the account current, all amounts owed by the Buyer shall immediately become due and payable. The Buyer shall also become indebted to the Seller for costs of collection, including reasonable attorney fees, which arise if payment terms are not met. Said invoices not paid by maturity date will have a 1‑1/2% per month late payment charge assessed against any unpaid balance from the due date of the invoice until the date of payment.
(d) If any indebtedness remains unpaid for thirty (30) days after the demand for payment, the Seller may, in addition to any other rights it has under other agreements and/or applicable law, exercise any or all of the rights of a secured party and forward Buyer to collections.
Unless otherwise agreed in writing, Buyer shall be responsible for the payment of any and all Federal, state and local sales, use, and excise taxes and all other taxes and charges assessed in connection with sales made under this contract. A tax exception certificate is required to be submitted if said organization is exempt from sales tax.
In the absence of specific instructions, Seller will select the carrier. Title to the goods shall pass to Buyer upon delivery thereof by Seller to the carrier; thereupon, Buyer shall be responsible for the goods. Transportation from the PCL point designated in Seller’s Order Acknowledgement, handling and insurance are at the cost of Buyer. Goods held for Buyer, or stored for Buyer, shall be at the risk and expense of Buyer. Claims against Seller for shortages must be made within 10 days after arrival of shipment.
All delivery dates are approximate and never guaranteed. Seller will use commercially reasonable efforts to fill orders according to the delivery dates acknowledged by Seller. Delivery may be made in installments. Default or delay by Seller in shipping or delivering the whole or any part or installment of the goods or services under this contract shall not affect any other portion thereof.
Unless Buyer notifies Seller in writing within ten (10) calendar days from the date of shipment of any goods or services that said goods or services are rejected, they will be deemed to have been accepted by Buyer. In order for the notice of rejection to be effective, it must also specify the reason(s) why the goods or services are being rejected.
(a) Seller warrants that at the time of shipment the goods sold hereunder will be free from defects in material and workmanship, and will conform to Seller’s applicable specifications, or if appropriate, to other specifications accepted by Seller in writing.
(b) If any defect within this warranty appears within one year from the date of shipment of goods, or the date of the delivery of services, by Seller, Buyer shall notify Seller immediately. Seller agrees, at its election and as Buyer’s sole remedy, to repair, replace with the same or functionally equivalent goods, or issue a credit in the amount of the unit contract price for any goods which upon test and examination by Seller, do not comply with the above warranty. Any repair or replacement shall not extend the warranty period. No goods will be accepted for return or replacement without the written authorization of Seller with a designated Return Authorization Number (RMA). Upon such authorization, and in accordance with instructions by Seller, the goods will be returned shipping charges prepaid by Buyer pursuant to industry standards unless otherwise authorized.
(c) The limited warranty does not extend to any goods manufactured by Seller which have been subjected to misuse, neglect, accident, improper testing or installation, unauthorized repair, or alteration, whether by Buyer or others. This warranty shall not be expanded, and no obligation or liability will arise, due to technical advice or assistance, qualification or testing data or services Seller may provide in connection with Buyer’s purchase.
(d) THIS LIMITED WARRANTY IS EXTENDED TO BUYER ONLY AND IS NOT TRANSFERABLE TO SUBSEQUENT PURCHASERS OR USERS OF PRODUCTS. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, NON-INFRINGEMENT OR OTHERWISE. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. The remedies of Buyer shall be limited to those provided herein . No agreement varying or extending the foregoing warranty, remedies or this limitation will be binding upon Seller unless in writing, signed by a duly authorized officer of Seller.
(e) IN NO EVENT SHALL SELLER’S TOTAL LIABILITY TO BUYER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE PRICE OF THE PARTICULAR PRODUCTS SOLD HEREUNDER WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES.
(f) Buyer assumes all liability for use of products and services sold by Seller. Buyer agrees sole liability and assumes all risk for any damage, fire, fall, shock, loss, death from use of any product or service sold by Seller. Buyer agrees to utilize safe rigging and electrical practices and assumes full responsibility. Buyer understands the risks of fire and electrocution that could be caused by lights, electronics and heat generating equipment and agrees to hold seller harmless shall any shock, electrocution or fire arise out of use of items purchased from Seller.
Updated: January 1, 2021 – 8:00am CST