If you’re not going to read all the fine print, at least read this:
- The pre-order price of your Fixture Kit is stated in your Fixture Kit Configuration and it DOES NOT include the cost of delivery, freight, taxes, and fees.
- You are responsible for paying all delivery and freight costs, taxes, and fees.
- LiteGear is not responsible for damage to the fixture kit while it is in transit, all such costs are covered by the carrier.
- Your pre-order payment is not a deposit, but it secures your reservation and a credit in the amount of your pre-order payment will be applied to your final delivery price.*
- You can cancel your pre-order at any time up until it ships and LiteGear will refund your pre-payment within 30 days.
- We are going to try our best to meet the fourth quarter of 2019 deadline we’ve set, however there may be production delays and we’re sorry! However, we are not responsible for any damages due to such delays, nor are we offering any discounts or credits if delays occur. *read the fine print below, section “Pre-Order Process…”
LiteMat Spectrum Pre-Order Agreement Terms & Conditions
This LiteMat Spectrum fixture kit Pre-Order Agreement ( “Agreement”) is made up of the following separate documents:
- Fixture Kit Configuration: The Fixture Kit Configuration describes the fixture kit that you configured and pre-ordered, including pricing (Pricing excludes taxes and government fees).
- Delivery Price Agreement: The Delivery Price Agreement will be provided to you prior to shipping. It will include the Actual Delivery Price based on your actual Fixture Kit Configuration and will include taxes and governmental fees.
- Agreed Terms & Conditions: These Agreed Terms & Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).
Agreement: You agree to pre-order the fixture kit (the “fixture kit”) described in your Fixture Kit Configuration and take delivery, when the fixture kit is ready for delivery from LiteGear, Inc. or its affiliates (“LiteGear”), pursuant to the terms and conditions of this Agreement. You agree that the fixture kit is priced and configured based on features and options available at the time of order and you can confirm availability with a LiteGear representative. Features or hardware released after you place your order may not be included in or available for your fixture kit.
Pre-Order Price, Freight, Delivery costs, Taxes and Fees: The pre-order price of the fixture kit is stated in your Fixture Kit Configuration. This pre-order price does not include freight, delivery costs, taxes and government fees. Because freight, delivery, taxes and fees are constantly changing and will depend on many factors, such as where you take delivery of the fixture kit, they will be calculated closer to the time of delivery and shown on your Delivery Price Agreement. You are responsible for paying all delivery and freight costs and any taxes and fees. If you present a check for any payment, you agree that we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Pre-Order Process; Cancellation; Changes: After you submit your completed pre-order and the options you selected become available in production, which we expect to begin in the fourth quarter of 2019, we will begin the process of matching your pre-order to a fixture kit and coordinating your fixture kit delivery. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the fixture kit. Until your fixture kit is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your pre-order is matched to a fixture kit, you may make changes to your fixture kit Configuration. If you make changes to your Fixture Kit Configuration, you agree this may result in changes to the actual Delivery Price because of price adjustments made since your original Pre-Order Date. Any changes made by you to your Fixture Kit Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Fixture Kit Configuration that will form part of this Agreement. When you take delivery of the fixture kit, we will provide a credit to the final Delivery Price of your fixture kit in the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery: Although we will make efforts to begin delivering in the fourth quarter of 2019, you understand and agree that there may be delays. As a result, if a delay arises and our expected ship date is not met, LiteGear is not responsible for any damages that may occur due to the delay, nor shall be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to delivery. If you decided to cancel, you may do so as outlined in the Pre-Order Process, Cancellation, Changes section above.
If you are picking up your fixture kit from our Burbank, California location, we will notify you of the date when we expect your fixture kit to be ready for pick up. If you are having your fixture kit delivered to you, LiteGear will, on your behalf, coordinate the shipment of your fixture kit to you from our factory in California. In such a case, you agree that this is a shipment contract under which LiteGear will coordinate the shipping of the fixture kit to you via a third-party common carrier. You agree that delivery of the fixture kit, occurs at the time your fixture kit is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your fixture kit while in transit and you will be the beneficiary of any claims for damage to the fixture kit or losses occurring while the fixture kit is in the possession of a common carrier. LiteGear is not responsible for damage to the fixture kit while it is in transit on a common carrier.
If you are picking up your fixture kit in a state where we are licensed to sell the fixture kit, we will notify you of the date when we expect your fixture kit to be ready for delivery at your local LiteGear Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your fixture kit within one week of this date. If you are unable to take delivery within the specified period, your fixture kit may be made available for sale to other customers.
If you wish to pick up your fixture kit in a state where we have no sales facility, or if you and LiteGear otherwise agree, LiteGear will, on your behalf, coordinate the shipment of your fixture kit to you from our factory in California or another state where we are located. In such a case, you agree that this is a shipment contract under which LiteGear will coordinate the shipping of the fixture kit to you via a third-party common carrier. You agree that delivery of the fixture kit, occurs at the time your fixture kit is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your fixture kit while in transit and you will be the beneficiary of any claims for damage to the fixture kit or losses occurring while the fixture kit is in the possession of a common carrier. LiteGear is not responsible for damage to the fixture kit while it is in transit on a common carrier.
The estimated delivery date of your fixture kit, if provided, is only an estimate as we do not guarantee when your fixture kit will be delivered. Your actual delivery date is dependent on many factors, including your Fixture Kit Configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the fixture kit and all proceeds therefrom until your obligations have been fulfilled.
Agreement to Arbitrate: Please carefully read this provision, which applies to any dispute between you and LiteGear, Inc. and its affiliates (together “LiteGear”). This provision as well as the other provisions of this agreement are binding on you and LiteGear.
If you have a concern or dispute with LiteGear concerning any aspect of your purchase , please send a written notice describing it and your desired resolution to resolution@LiteGear.com.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and LiteGear will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and will be governed by the Federal Arbitration Act [9 U.S.C. Section 2, et seq.] If you reside in California, California Code of Civil procedure Sections 1280, et seq. will also govern such arbitration to the extent that California law is not contradictory to or pre-empted by applicable Federal law. If you live in another state, such state law may be applicable to the extent not preempted by Federal lawThis includes claims arising before this Agreement, such as claims related to statements about our products.
LiteGear will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and LiteGear and may not consolidate claims without the consent of both parties. You and LiteGear agree that the arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing LiteGear fixture kits and you specifically agree to waive any right to proceed on a class or representative basis. In other words, you and LiteGear may bring claims against each other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) may be brought in court and any other claims must be arbitrated. If the arbitrator or a court finds that any provision of this agreement is unlawful or unenforceable, the unlawful or unenforceable provision shall be stricken, and all other terms of this agreement shall remain effective.
If you prefer, you may instead take an individual dispute to small claims court.
Warranty: You will receive the LiteGear New fixture kit Limited Warranty at or prior to the time of fixture kit delivery or pickup. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from our website.
Limitation of Liability: You and LiteGear agree that LiteGear is not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Resellers; Discontinuation; Cancellation: LiteGear and its affiliates sell lighting products to end-consumers, and LiteGear may unilaterally cancel any order that we believe has been made with a view toward resale of the fixture kit or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment: The terms of this Agreement are governed by, and to be interpreted according to the laws of the State of California. Prior agreements, oral statements, negotiations, communications or representations about the fixture kit sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.