Terms & Conditions
Incon Lighting – Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms") govern all sales of products by Incon Lighting ("Seller") to the purchaser ("Buyer"). By placing an order, Buyer agrees to be bound exclusively by these Terms. Any additional or conflicting terms contained in Buyer’s purchase order or other documentation are expressly rejected unless agreed to in writing by Seller.
1. Order Acceptance
All orders must be submitted in writing. Any changes or modifications must also be made in writing.
Orders are not binding upon Seller until accepted in writing and the following conditions are satisfied:
Payment Qualification
- Credit has been approved in an amount equal to or greater than the order value; or
- For "Pay in Advance" customers, Seller has received a signed Proforma invoice and 100% pre-payment; or
- For custom or modified products requiring a deposit, Seller has received a signed Proforma invoice and required deposit; or
- For orders with progressive payment schedules, payments must be made according to the schedule established by Seller.
Failure to comply with payment terms may result in suspension or cancellation of the order. Buyer remains liable for materials procured, labor performed, and production commitments made on Buyer’s behalf.
Project Information
- Project location must be provided if different from ship-to address.
- For orders exceeding $5,000, project name, specifier name, and project location (City, State) must be provided.
Product Identification
All product numbers must match Seller’s current published offerings exactly. Deviations must be corrected in writing prior to acceptance.
2. Pricing
Prices are subject to change without notice prior to order acceptance.
Quoted prices are valid for the period stated on the quotation. If no period is stated, quotes are valid for 30 days.
Seller reserves the right to adjust pricing for increases in raw material costs, tariffs, freight, or other factors beyond Seller’s control prior to acceptance.
3. Payment Terms
Standard terms are Net 30 days from invoice date, subject to credit approval.
Seller invoices within 24 hours after shipment.
A finance charge of 1.5% per month (18% annually) will be assessed on past due balances. Seller may suspend shipments on overdue accounts.
Buyer is responsible for all collection costs, including reasonable attorneys’ fees.
Credit Card Payments
If Buyer elects to pay invoices by credit card, a surcharge of 3% of the total invoice amount will be added to cover merchant processing costs. This surcharge does not apply to payments made by check, ACH, or wire transfer.
4. Taxes
Buyer is responsible for all applicable sales, use, excise, or similar taxes unless a valid exemption certificate is provided prior to shipment.
5. Shipping; Risk of Loss; Delivery
All products are shipped F.O.B. Factory. Risk of loss and title pass to Buyer upon delivery to the carrier.
Seller may make partial shipments and invoice accordingly.
Delivery dates are estimates only. Seller shall not be liable for delays or liquidated damages resulting from shipping delays or circumstances beyond Seller’s control.
6. Inspection and Claims
Buyer must inspect all shipments immediately upon receipt.
Truck Freight Shipments
- Visible damage or shortage must be noted on the delivery receipt prior to carrier departure.
- Claims must be filed with carrier within 24 hours.
- Concealed damage must be reported to carrier within 48 hours and inspection requested within that period.
Parcel Shipments (UPS/FedEx)
- Damaged shipments must be refused at delivery.
- Seller must be notified within 24 hours of visible damage.
- Concealed damage must be reported within 48 hours.
Failure to follow these procedures may result in denial of claims. Although risk of loss passes to Buyer upon shipment, Seller will reasonably assist in processing freight claims.
7. Cancellations
Orders may not be canceled without Seller’s written approval.
If approved, Buyer shall reimburse Seller for materials procured, labor performed, production commitments, special components ordered, and applicable restocking or handling fees.
Custom, modified, or special-finish products are non-cancelable once order is placed.
8. Returns
No returns are accepted without prior written Return Goods Authorization (RGA).
- RGA numbers must be clearly marked on the outside of cartons.
- RGA is valid for 30 days only.
- Merchandise must be unused, uninstalled, in original packaging, and in resalable condition.
- Products must be returned within 30 days of original invoice date.
- No products may be returned after 30 days from invoice date unless covered under an approved warranty claim.
All approved returns are subject to:
- Minimum 35% restocking charge
- Freight charges both directions
- Reconditioning charges if applicable
Refunds are issued as merchandise credit only. Custom, modified, or special-finish products are non-returnable.
9. Warranty
Seller warrants that products will be free from defects in material and workmanship for the period stated in Seller’s published warranty documentation.
Warranty applies only to products installed in accordance with instructions, used under normal operating conditions, and not modified or improperly installed.
Seller’s sole obligation under warranty is repair or replacement of defective product at Seller’s option.
Warranty does not cover labor costs, removal or reinstallation costs, equipment rental, freight beyond standard shipping, or consequential or incidental damages.
10. Limitation of Liability
Seller’s total liability arising from any claim related to the sale or use of products shall not exceed the purchase price of the product giving rise to the claim.
Under no circumstances shall Seller be liable for consequential damages, incidental damages, lost profits, project delays, rental equipment costs, labor reimbursement, or business interruption.
11. Disclaimer of Implied Warranties
Except as expressly stated, Seller disclaims all implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
12. Installation Responsibility
Products must be installed by qualified personnel in accordance with applicable codes and installation instructions. Seller is not responsible for improper installation, misuse, or code violations. Buyer assumes responsibility for determining product suitability for specific applications.
13. Force Majeure
Seller shall not be liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, government actions, tariffs, supply chain disruptions, labor shortages, freight interruptions, pandemics, or material shortages. Delivery dates shall be extended accordingly.
14. Intellectual Property
All designs, drawings, specifications, and custom product configurations remain the property of Seller unless otherwise agreed in writing. Buyer may not reproduce, copy, or manufacture Seller’s proprietary designs.
15. Governing Law; Venue
These Terms shall be governed by the laws of the State of Florida. Any dispute shall be brought exclusively in the state or federal courts located in Florida. Buyer consents to jurisdiction in such courts.
16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between Buyer and Seller and supersede all prior agreements, proposals, or understandings.