Website Terms & Conditions
Welcome to the website of LSI Industries Inc., the leader in lighting and visual image solutions. The effective date of these Terms of Use is March 11, 2011. Please read these Terms carefully so that you understand the conditions for accessing and using the Site. LSI may make changes to these Terms from time to time as our Site develops, so check back frequently. Your continued use of the Site following any posted changes to the Terms constitutes your consent to them. If you do not agree to the Terms, please do not use our Site.
Privacy Policy
Our Privacy Policy governs the collection and use of information on this site.
Permitted Use
This Site is intended to provide information for your personal use. LSI grants you a limited, nonexclusive, revocable license to make personal and non-commercial use of the Site. This license does not include the right to modify, reproduce, copy, or resell any of the content of the Site; to bypass any technical measures used to prevent or restrict access to any portion of the Site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; to violate or attempt to violate the security of the Site; or to interfere with or attempt to interfere with the proper working of the Site. You agree to use this Site only for lawful purposes and in accordance with these Terms.
Trademarks and Copyrights
The trademarks, logos, and service marks displayed on this Site are owned by LSI and third parties, and this Site’s trade dress is owned by LSI. All trademarks not owned by LSI are the property of their respective owners and, where used by LSI, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
All content on the Site, including without limitation text, photographs, graphics, layout, and design, is owned by LSI, or LSI has been granted permission to use the content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the Site. Notwithstanding the foregoing, you may download a single copy of the content on the Site for your personal, noncommercial use, provided all copyright and other proprietary notices are kept intact and provided that you do not modify the content in any manner.
Advertising and Links
LSI may provide, or third parties, partners, and advertisers may post links to other internet sites or resources. Because LSI has no control over such sites and resources, you acknowledge and agree that LSI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
If you link to this Site, we require that you follow these guidelines: The link to this Site must not damage, dilute, or tarnish LSI or the good will associated with our intellectual property, nor may the link create the false impression that your website is sponsored by, endorsed by, affiliated and/or associated with LSI. Under no circumstances will you “frame” this Site or alter its intellectual property content in any way.
Your dealings and communications with any advertiser or other third party found on or through the Site are solely between you and that third party. Please carefully review the third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Any complaints, concerns, or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.
Disclaimer of Warranties; Indemnification
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY LSI ON AN “AS IS” OR “AS AVAILABLE” BASIS. LSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY, OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LSI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BY USING THE LSI SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. LSI WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF LSI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless LSI, its agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site or your breach of any provision of these Terms or any warranty hereunder.
You agree that if you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site.
Contact Us
If you have a question regarding Site policy, please contact us by mail at LSI Industries Inc., 10000 Alliance Road, Cincinnati, Ohio 45242, or by telephone at 513-793-3200.
Website Privacy Statement
This Privacy Policy is effective as of March 11, 2011.
This Policy describes how we, LSI Industries, Inc., handle information we learn about you from our website. If you have questions or wish to contact us about this Policy, direct inquiries to: Privacy Office, LSI Industries Inc., 10000 Alliance Road, Cincinnati, Ohio 45242, 513-793-3200
What Information Do We Collect?
The information we collect from you depends on what you do when you visit our site. Please note that we do not collect personally identifiable information about you when you visit our site, unless you choose to provide such information to us.
We collect personal information you provide to us in connection with comments or messages you submit via our “Contact Us” page, and in connection with your registration for and use of the configurator feature of the site.
In addition, for each visitor to our site, we automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We collect and store this information on an individual basis and in aggregate, or combined, form. We also collect both user-specific and aggregate information on what pages visitors access or visit.
How Do We Use This Information?
We use this information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our site more useful to visitors.
We do not rent or sell email addresses, postal addresses, or telephone contact information to third parties, or otherwise share any personally-identifying information we collect, with any third parties, except that we may forward your inquiries to our manufacturers’ representatives as appropriate for responding to the inquiries.
How Long Do We Keep Your Information?
If we develop a business relationship with you as a result of your inquiries on the site, we will retain your information in accordance with our continuing business need to service this relationship. Otherwise, this information is deleted after two months.
If you create an account to use the site’s configurators, we keep the account information for so long as you are using the account. Once the account has been inactive for nine months, this information is deleted.
We use Google Analytics to help us understand how visitors user our site. Google retains analytic data for at least 25 months.
Cookies
We use session cookies on this website. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
We use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. Session cookies expire when you close your browser.
Information Access
Upon request we provide site visitors with the ability to access and to request correction of their own personally-identifying information (e.g., name, address, phone number) that we maintain about them. You can access this information by sending your request to the Privacy Office address provided above. To help us process your request, please provide sufficient information to allow us to identify you in our records.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identify will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, and to guard that information against loss, misuse or alteration.
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially-reasonable means to protect your personal information, we cannot guarantee its absolute security.
Changes to This Policy
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Policy. If our information practices change materially at some time in the future, we will post these changes to our website and revise our Policy accordingly. In addition, if we have collected personally-identifying information from you, we will notify you about the changes and secure your consent prior to making use of your personal information in new ways.
Questions/Concerns
If you believe that this site is not following its stated information Policy, you may contact us at the above postal address or phone number, or you may contact the Better Business Bureau.
Lighting General Terms & Conditions
These General Terms and Conditions apply to all orders for LSI Products. All Orders Must Be Made In Writing And Reference The LSI Product Number and Quantity
ORDER SIZE AND PRICING – All orders are subject to a minimum order value of $150; provided that parts-only orders are subject to a $50 minimum charge. The order minimum may be adjusted at time of order entry commensurate with the products and parts ordered and to accommodate order handling costs. Prices are subject to change without notice.
TRANSPORTATION AND DELIVERY – All Product is sold F.O.B. LSI’s dock; however, shipping and handling charges are waived for all Continental U.S. orders with lighting fixtures (without poles) exceeding $3,000 per shipment. For shipments with poles, shipping and handling charges are waived on shipments exceeding a combination of $4,000 of lighting fixtures and poles. For all other shipments, buyer will be invoiced for shipping and handling costs.
SCHEDULED SHIP DATE – The scheduled ship date is an estimate only. LSI will not accept any back charges for late deliveries.
CHOICE OF CARRIER – LSI selects the carrier and will determine the most economical routing considering consolidation of shipments in economical groupings per scheduled date. If alternative shipping means are requested by Buyer, Buyer assumes the additional transportation cost.
SPECIAL SHIPPING REQUEST – Special shipping requests will be accommodated when possible. Buyer’s request for a particular carrier and/or special shipping will require Buyer to pay the difference in the rate of transportation and other additional handling charges. Buyer may be charged extra for optional packaging, for the costs for advance notification by carrier, residential delivery, and for special equipment needs such as lift gates, flat beds or for inside delivery. City delivery or special services requested such as redelivery, expedited surface delivery or delayed delivery charges will be charged to Buyer at LSI’s cost.
C.O.D. ORDERS – LSI does not ship C.O.D. A Buyer without an active credit account must pay cash in advance at order entry.
PAYMENT TERMS – Net 30 days after the date of Invoice. Invoices that are past due are subject to a 1.5% percent monthly service charge.
DAMAGE – Title to any goods sold and the risk of loss of such goods passes to Buyer upon delivery by LSI or LSI’s vendors to the carrier, and any claims or losses or damage in transit shall be filed by Buyer directly with the carrier; provided however that if requested by Buyer, LSI will assist Buyer in the filing of damage claims. Buyer shall inspect all goods immediately upon delivery for concealed damage. Buyer must notate any damage/shortage on carrier’s delivery receipt. Buyer must report all damage to goods to the carrier within 10 days of delivery of the goods. UPS and FedEx damaged shipments must be reported to LSI within 10 days and must be in the original cartons at the original delivery point for inspection.
CANCELLATION OR SUSPENSION OF ORDERS – Cancellation or suspension of orders will be accepted by LSI only if LSI is indemnified for: liabilities and expenses incurred, commitments made by LSI, profit on work in process and for the contract value of goods completed and ready for shipment. Postponement of deliveries for more than thirty (30) days are subject to LSI’s approval and subject to storage and handling charges.
RETURNS: No returns will be accepted without LSI’s prior approval. All requests must be made within 30 days of the invoice date.
POLES – Poles will not be accepted unless due to allowed warranty claim.
ELIGIBILITY – Requests to return custom built products or modified standard products with options will not be accepted. Requests to return products that are unique to a customer or program will not be accepted. All returns must be received by LSI in good working and resalable condition. Items must be returned in the original packaging. Any damage to returned goods will be the responsibility of the Buyer. Products not manufactured by LSI are subject to the original supplier’s return or cancellation policy.
FEES – Authorized returns will be charged for both inbound and outbound freight and a minimum service charge of thirty-five percent (35%) of the product selling price.
REPLACEMENTS – LSI has the option of either replacing defective goods or crediting Buyer for the purchase price of such goods. A new Purchase Order is required for replacement orders.
TAXES – All prices, quotations, orders, and agreements are subject to all Federal, State, and Local taxes. These taxes will be added to the invoice unless legal proof of exemption is provided. LSI reserves the right to invoice separately for the taxes should it be necessary to make payment where they were not included at the time of invoicing.
COST OF COLLECTION – If Buyer defaults with respect to any payment due LSI, Buyer shall pay LSI for all costs and expenses, including legal expenses and attorneys’ fees, incurred by LSI as a result of the breach.
CAUSTIC OR CORROSIVE ENVIRONMENTS EXCLUSION – Fixtures and poles and their finishes may be damaged by application in caustic or corrosive environments. While many LSI products generally can be safely applied in such environments, the expected or useful life of products applied in these environments, including the painted and finished surfaces of such products, may be reduced or impacted by the conditions found in these environments. Fatigue, damage or failure of products applied in such environments and in coastal environments, including the painted and finished surfaces of such products, are specifically excluded from any warranty provided by LSI, unless specifically warranted in writing by LSI. A coastal environment is any use within a 2 miles radius of the coastline.
CONFLICT OF LANGUAGE – In the case of a conflict or inconsistency between these Terms and Conditions of Purchase and any other writing or understanding between any person, including, but not limited to Buyer’s purchase order, these terms and conditions shall apply. No term or condition in any other writing or understanding between any person, including, but not limited to Buyer’s purchase order, may add additional terms to and conditions to, nor supplement these, Terms and Conditions of Purchase.
CHANGES – LSI reserves the right to make modifications or changes to any of its products, pricing, the Limited Warranty and the Terms and Conditions without prior notice. Any changes to Limited Warranty and the Terms and Conditions shall be effective upon posting to LSI’s website for orders received on and after the day of posting.
GENERAL WARRANTY PROVISIONS – LSI in the exercise of its sole discretion shall determine whether a product is defective and covered by its warranty. LSI reserves the right to examine all products to determine the cause of failure or damage and pattern of usage. LSI may require the material be returned to LSI, as part of the evaluation process, at the cost of Buyer. The Limited Warranty is only applicable when the relevant product has been properly handled, stored, wired, transported, installed, operated and maintained in accordance with all applicable product specifications and instructions, including, without limitation, installation in applications in which ambient temperatures are within the range of specified operating temperatures and operation with the electrical values provided for in the specifications and data sheets. LSI shall have no responsibility under the terms of any warranty for any failure of any product that results from external causes, including without limitation: misapplication; acts of nature, physical damage, exposure to harsh, adverse or hazardous environments or chemicals or other substances; use of harsh or reactive chemicals or agents to clean or maintain the product; environmental conditions; vandalism; fire; power failure, improper power supply, excessive switching; fatigue, failure or damage or similar phenomena resulting from induced vibration, harmonic oscillation or resonance associated with movement of air currents around the product; animal, pest or insect activity; fault or negligence of the purchaser or installer of the product, any end user of the product and any third party not engaged by LSI; improper or unauthorized use, alteration, or service, including failure to abide by classifications or certifications, or failure to comply with any applicable standards or codes. LSI continually assesses product quality and performance seeking to enhance its products. Any changes to product design may not be used to infer or mean that any product was defective prior to the change. No warranty is provided for substantial deterioration that is due to failure to inspect, store, clean or maintain the finish of the product. Consumables, which include, but are not limited to items such as batteries and surge protectors have definite useful lives that vary considerably due to various uncontrollable factors; and the time period for the warranty for these products will be evaluated by LSI on a case-by-case basis in the exercise of its reasonable discretion.
WARRANTY ASSISTANCE – All requests for warranty assistance must be submitted to the LSI Customer Service Representative and direction must be given from LSI prior to any action being taken. No claims for cost of material or repair will be accepted without prior written approval. If Buyer has a question from the field during installation or field repair, the inquiry must be directed to the LSI field service department 1- 800-436-7800 ext. 7302.
LSI reserves the right to make modifications or changes to any product, pricing, these General Terms and Conditions and/or the Limited Warranty without prior notice.
3/15/21
Lighting Limited Warranty
The limited warranty may only be transferred to subsequent purchasers of the product if the product is resold in new condition and in its original packaging. The below Limited Warranty is subject to limitations, exclusions and other terms set forth in the LSI General Terms and Conditions and the limited warranty set forth below.
Light Fixtures, Poles and Finishes Limited Warranty
LED LIGHT FIXTURES AND LED COMPONENTS
LSI warrants LSI branded LED light fixtures against defects in materials and workmanship for five (5) years from the date of shipment. LSI will, at its option, replace, repair, reimburse or credit 100% of the original purchase price of the defective light fixture, components or electronics. LSI reserves the right to replace or repair defective fixtures, components or electronics utilizing the same or functionally similar products that are new, repaired or reconditioned.
The paint finish warranty on LED light fixtures is covered by the Limited Warranty set forth below.
The above Limited Warranty excludes components or fixtures not branded by LSI. This includes LED luminaires, Power Supplies and Modules. These items carry the warranty from their respective manufacturers. LSI will provide Buyer with all necessary manufacturer contact information to coordinate warranty claims.
LED MODULES
LED modules are warranted for a period of 5 years. An LED module in an LED light fixture is not defective if less than ten percent (10%) of the individual LEDs in the light fixture do not illuminate. An LED module that fails within the manufacturer’s warranty period will be exchanged. LSI will not honor a cash reimbursement claim to cover material charges for replacement material after one year from date of shipment.
HID AND FLUORESCENT LIGHT FIXTURES; AND CLEARANCE ITEMS
These products are sold “AS IS” “WHERE IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
POLES
LSI warrants cataloged poles against defects in materials and workmanship for a period of one (1) year from date of shipment. LSI will, at its option, replace, repair reimburse or credit 100% of the original purchase price of a defective pole. LSI reserves the right to replace or repair any defective pole utilizing the same or functionally similar products that are new, repaired or reconditioned. The replacement part warranty starts from the original order shipment date. LSI will not pay or reimburse labor costs to replace or repair defective poles.
All LSI poles are warranted to meet listed EPA requirements. Any pole which has a lower EPA rating than the indicated wind-loading zone where the pole will be located is specifically excluded from this warranty. In general, EPA ratings apply to locations 100 miles away from hurricane ocean lines and mountains, which are defined as the Atlantic and Gulf of Mexico coastal areas. Pole locations outside the United States are specifically excluded from this warranty. Pole fatigue, damage or failure caused by or resulting from induced vibration, harmonic vibration or resonance associated with the movement of air currents around the product or by any other local condition are specifically excluded from this warranty. Pole fatigue, damage or failure in any way caused by or resulting from the attachment of banners, flags, streamers, signs, baskets, planters and other extraneous items to a pole that were not part of the originally approved design are specifically excluded from this warranty.
PAINTING – FIXTURE AND POLE PAINT FINISHES
Pole and Outdoor Fixture Finishes: LSI poles and outdoor fixture finishes feature the Dura Grip® baked-on polyester-powder finishing process. The pole finish is warranted for a period of five (5) years from date of shipment against cracking, peeling, or excessive fading. An additional two (2) years is added for the Dura Grip® Plus finish on poles. Some fading, staining or chalking may occur. This is part of the normal aging process and is not a manufacturing defect and therefore not covered by any warranty.
Indoor Fixture Finishes: The indoor fixture finish is warranted for normal indoor use for a period of two (2) years from date of shipment.
Composite Fixtures: The composite fixture finish is warranted for a period of five (5) years from date of shipment against corrosion.
Fixture and Pole Paint Finish Warranty Claims: If during the warranty period the finish of a fixture or pole shows signs of failure, LSI must be promptly notified in writing within sixty (60) days from the initial onset of such failure together with proof of purchase. Transportation, removal, and installation costs are not included in the replacement.
EXCLUSIONS AND LIMITATIONS
THE LIMITED WARRANTY FOR EACH LSI PRODUCT IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN.
IN NO EVENT SHALL LSI BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, ECONOMIC, INDIRECT, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF LSI WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PURCHASE, RESALE, USE, OR DISPOSAL OF ANY PRODUCT, WHETHER THE CLAIM ARISES UNDER TORT LAW, STRICT LIABILITY, PRINCIPLES OF EQUITY, OR CONTRACT. LSI’S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL NOT EXCEED AND IN ALL EVENTS BE LIMITED TO THE PURCHASE PRICE OF THAT DEFECTIVE PRODUCT.
LSI WILL NOT HONOR ANY WARRANTY CLAIM WITHIN THE APPLICABLE WARRANTY PERIOD WITHOUT PRIOR WRITTEN APPROVAL AND AUTHORIZATION FROM LSI. THIS LIMITED WARRANTY DOES NOT APPLY TO DAMAGE OR FAILURE TO PERFORM ARISING AS A RESULT OF ANY ACTS OF GOD OR FROM ANY ABUSE, MISUSE, ABNORMAL USE, IMPROPER POWER SUPPLY, POWERS SURGES AND/OR TRANSIENTS, DIPS OR FLUCTUATIONS, CORROSIVE ENVIRONMENTS, NEGLECT, EXPOSURE OR ANY USE OR INSTALLATION IN VIOLATION OF THE INSTRUCTIONS OR RESTRICTIONS PRESCRIBED BY LSI OR ANY APPLICABLE STANDARD OR CODE, INCLUDING THOSE CONTAINED IN THE LATEST NATIONAL ELECTRICAL CODE, STANDARDS FOR SAFETY OF UNDERWRITERS LABORATORY, INC. (UL), THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI), OR, IN CANADA, THE CANADIAN STANDARDS ASSOCIATION. NO AGENT, DISTRIBUTOR OR DEALER IS AUTHORIZED TO CHANGE, MODIFY OR EXTEND THE TERMS OF THIS LIMITED WARRANTY ON BEHALF OF LSI. LSI WILL NOT PAY OR REIMBURSE LABOR COSTS, TRAVEL TIME OR EQUIPMENT RENTAL COSTS TO REPLACE OR REPAIR DEFECTIVE LIGHT FIXTURES, LEDS, POLES, COMPONENTS OR ELECTRONICS. ALL WARRANTIES ARE VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED OR IF ANY REPAIRS OR ALTERATIONS ARE MADE THAT HAVE NOT BEEN AUTHORIZED AND APPROVED BY LSI. ALL WARRANTY CLAIMS MUST BE SUBMITTED WITHIN SIXTY DAYS OF THE ONSET OF THE DEFECT. THIS LIMITED WARRANTY IS VOID IF ANY REPAIRS OR ALTERATIONS ARE MADE BY ANY PERSON NOT AUTHORIZED BY LSI IN WRITING.
Effective Date: 3/15/21
Terms and Conditions of Sale for LSI Industries Inc. Graphic Solutions
- All quotations are based on the copy, artwork and specifications previously Any changes to such copy, artwork or specifications subsequent to the date of this quotation may necessitate an amendment to the prices presented.
- Prices are valid for 10 days from the date of the quotation unless otherwise stated.
- O.B Definitions
- Freight is F.O.B. shipping point. Shipping and handling charges are additional and will be added to the invoice. LSI reserves the right to invoice separately for freight or other applicable delivery
- Pricing is F.O.B. shipping point. Pricing does not include State and local taxes, duties, shipping or handling
- Transfer of Title is F.O.B. shipping point. Title to all or any portion of the Goods and any tangible results of Services shall pass to Purchaser upon the Tender of Goods to the applicable transportation provider for delivery, or incorporation of Goods into Purchaser’s facility or designated site, if Installation Services are provided by LSI. Transfer of title shall not preclude the Purchaser’s (or the Designated Parties’) right to reject defective Goods or
- Notwithstanding any transfer of title, care, custody and control of such Goods remains with LSI until transferred to
- The before mentioned, transfer of title definitions, shall be with prejudice to any other document unless expressly agreed to in writing.
- All shipments must have quantities verified within one week of receipt and any shortages or damages reported to LSI .
- LSI will package all goods in a manner consistent with industry standard. The cost of special handling or shipping requests will be added to the buyer’s invoice.
- Any cancellation of an order must be in writing to LSI with terms that include compensation to for the purchase of all finished goods at quoted prices in addition to all work-in-process and raw material costs incurred, until the date LSI. receives written notice of cancellation.
- All orders must be in writing with a valid Bill-To and Ship-To
- LSI is not responsible or liable for shipment delays outside of its control including, but not limited to, war, civil unrest, riots, disease, pandemics, labor strikes, mechanical failures, outages, natural disasters or acts of God, shortages or changes in the availability of labor, transportation, energy or raw materials; nor will LSI assume financial responsibility for damage or delay to shipments incurred as a consequent of any such
- All art files, film negatives, positives, screens and tooling will remain LSI exclusive property unless separately
- LSI assumes no responsibility for material provided by Buyer nor any defects of any nature caused or related to customer-supplied
- For all screen-printed items, a variation of 10% under or over the specified quantity is considered a complete order, and such variances will be excluded or included, on the invoice, at the quoted price.
- Regarding claims or warranty on material, LSI and material manufacturer’s obligation shall be limited to replacing such quantity of the product found to be defective within one year from date of shipment unless otherwise specified in writing by LSI. No charges for rental of equipment, travel time, downtime or labor will be accepted. Neither LSI nor material manufacturer shall be liable for any injury, loss or damage, direct or consequential, arising out of the use of, or inability to use the product. Prior to utilization, user shall determine suitability of the product for its intended use and user shall assume all risk and liability therfore. For freight damage claims, buyer must retain original packaging and / or goods for carrier
- Regarding claims or warranty on installation, LSI and chosen subcontractor’s obligation shall only be to replace and/or repair such quantity of the product found defective due to improper installation, within one year from the date of installation. Lamps and ballast warranties are defined under section 21 of these Terms and Conditions.
- LSI must be contacted before any goods are returned, at which time a return material authorization (RMA) number will be
- The customer is responsible for the returned freight. Products returned without an approved RMA label will be refused. Products cannot be returned after 30 days from receipt of goods. LSI reserves the right to inspect and verify product Credit for return will only be issued after product has passed incoming inspection. There may be a charge, of up to 35 percent of the product value, for handling, unpacking, and inspection. This will be deducted from the returned credit memo. If product is not received in sellable condition, then no credit will be given.
EXCLUSIONS AND LIMITATIONS
THE LIMITED WARRANTY FOR EACH LSI PRODUCT IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN. PRIOR TO UTILIZATION, USER SHALL DETERMINE SUITABILITY OF ALL PRODUCTS FOR THEIR INTENDED USE AND USER SHALL ASSUME ALL RISK AND LIABILITY THEREFOREIN NO EVENT SHALL LSI BE LIABILE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, ECONOMIC, INDIRECT, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF LSI WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PURCHASE, RESALE, USE, OR DISPOSAL OF ANY PRODUCT, WHETHER THE CLAIM ARISES UNDER TORT LAW, STRICT LIABILITY, PRINCIPLES OF EQUITY, OR CONTRACT. LSI’S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL NOT EXCEED AND IN ALL EVENTS BE LIMITED TO THE PURCHASE PRICE OF THAT DEFECTIVE PRODUCT.LSI WILL NOT HONOR ANY WARRANTY CLAIM WITHIN THE APPLICABLE WARRANTY PERIOD WITHOUT PRIOR WRITTEN APPROVAL AND AUTHRORIZATION FROM LSI. THIS LIMITED WARRANTY DOES NOT APPLY TO DAMAGE OR FAILURE TO PERFORM ARISING AS A RESULT OF ANY ACTS OF GOD OR FROM ANY ABUSE, MISUSE, ABNORMAL USE, LSI WILL NOT PAY OR REIMBURSE LABOR COSTS, TRAVEL TIME, DOWNTIME OR EQUIPMENT RENTAL COSTS. ALL WARRANTIES ARE VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED OR IF ANY REPAIRS OR ALTERATIONS ARE MADE THAT HAVE NOT BEEN AUTHORIZED AND APPROVED BY LSI. - Cancellation or suspension of orders will be accepted by LSI. only upon terms that will indemnify LSI for liabilities and expenses incurred and for commitments made by LSI and which provide for profit on work-in-process and for the contract value of goods completed and ready for
- Payments must be made by ACH and payment terms are NET 30 days (with approved credit) from date of Payments not made via ACH or not paid net 30 days are subject to the imposition of commercially reasonable handling and administrative fees determined by LSI, and also in the case of late payments, interest at the legally maximum rate.
- State and local taxes, if applicable, will be added to the invoice unless legal proof of exemption is provided. LSI reserves the right to invoice separately for the taxes should it be necessary to make payment where they were not included at the time of original
- Purchaser and LSI agree to retain in confidence all information related to the sale and service of
- Ballasts, drivers and power supplies are covered by the manufacturer’s warranty, effective from date of shipment. Units which fail within the manufacturer’s warranty period will be exchanged by the local manufacturer’s authorized distributor or by LSI, when acting as their agent. Neither the manufacturer, his agents, nor LSI will honor a cash reimbursement claim to cover material charges for replacements. No charges for rental of equipment, travel time or labor will be accepted. Lamps (components that are not manufactured by LSI ) are specifically excluded from the LSI. warranty. No claims for replacement of defective lamps or labor associated with such replacement will be accepted.
March 14, 2022
Purchase Order Terms & Conditions
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- ACCEPTANCE OF PURCHASE ORDER. The Terms and Conditions of purchase contained herein (“Purchase Order”) shall be the sole and exclusive terms of sale and shall supersede all agreements and understandings, both oral and written, entered into prior to the date of the Purchase Order. unless such documents specifically state that they take precedence over any related Purchase Order. LSI requests that Supplier confirm in writing receipt and acceptance of LSI’s Purchase Order within 72 hours. Supplier’s failure to refuse the Purchase Order within 72 hours of receipt shall constitute its acceptance of this Purchase Order. LSI reserves the right to rescind or modify our Purchase Order as a result of Supplier not presenting applicable counter offers in writing within 72 hours. Any conflicting or additional terms contained in any document originating with Supplier after execution of the Purchase Order shall be of no effect. LSI shall not be bound by this Purchase Order unless and until Supplier executes its acknowledgment on the face hereof, or when Supplier delivers to LSI any of the goods (“Goods”), or renders for LSI any of the services (“Services”) ordered herein. Supplier’s shipment of the Goods or rendering of the Services ordered herein shall constitute a waiver by Supplier of any right to claim that its acceptance constitutes a counter-offer or that the terms of such acceptance, whether contained in Supplier’s order acknowledgment or other sale or shipping forms, are binding on LSI. Supplier’s failure to comply with each and every item of this Purchase Order shall constitute an event of default and shall be grounds for the exercise by LSI of any of the remedies provided for in these Terms and Conditions.
- CHANGES. LSI reserves the right at any time to make changes in the following: specifications, drawings and data incorporated in this Purchase Order where any of the articles or material described on the face hereof (hereinafter referred to as “Goods”) are to be specially manufactured for LSI; methods of shipment or packing; place of delivery; and time of delivery. Such changes shall be made by instruction to Supplier in writing from LSI. Supplier acknowledges and agrees that any references on this Purchase Order to Supplier’s bids or proposals, or any requirement, request, approval or expression of opinion by LSI in respect to any material, workmanship, design, drawing or other document shall not diminish, waive, impair or affect Supplier’s obligations hereunder.
- SHIPMENT. Goods shall be shipped to LSI by the most economical means of transportation unless otherwise specified by LSI. Packaged Goods shall be conspicuously marked to show contents and an itemized packaging list shall be included with shipment. LSI’s count upon receipt of Goods shall be final and binding on Supplier.
- DELIVERY. All Goods are to be delivered in accordance with the terms and instructions set forth on the face hereof at such times and in such quantities as agreed upon on the face hereof.
THE OBLIGATION OF SUPPLIER TO MEET THE DELIVERY DATE SPECIFICATIONS AND QUANTITIES GOES TO THE ESSENCE OF THIS PURCHASE ORDER. TIME IS OF THE ESSENCE FOR THIS PURCHASE ORDER. If delivery of the Goods called for herein is not made within the time specified in this Purchase Order or, within a reasonable time, but not to exceed sixty (60) days if no time is specified, LSI reserves the right, without liability, in addition to its other rights and remedies, to refuse to accept such Goods. Any provisions for the delivery of Goods by installment shall not be construed as making the obligations of Supplier severable. - TITLE AND RISK OF LOSS. Title and risk of loss pass as stated on the Purchase Order as either “origin” or “destination”. If the Purchase Order is silent as to title and risk of loss, then title and risk of loss passes at LSI’s dock FOB Destination.
- INSPECTION AND ACCEPTANCE. Goods are subject to inspection and approval at LSI’s destination. LSI reserves the right to reject and refuse acceptance of Goods which are not in accordance with specifications, drawings and data furnished by LSI, or Supplier’s express or implied warranty. LSI will charge Supplier for any costs incurred in inspecting Goods which are rejected. Items not accepted will be returned to Supplier at Supplier’s expense. Payment for any Goods shall not be deemed as acceptance thereof.
- WARRANTY. Supplier warrants the Goods to be of good merchantable quality, fit for the purpose for which they are intended, in compliance with the specifications, and free of all defects, design defects, liens, encumbrances and liabilities whatsoever; that Supplier has good and marketable title thereto capable of being transferred to LSI; and that the Goods have been delivered to LSI in good condition with any special packaging requirements having been complied with. Supplier further warrants that it shall defend LSI’s title to the Goods against all claims of any third persons. Supplier shall also indemnify and hold harmless from any direct, indirect, consequential, incidental, special and economic damages for which LSI may become liable in contract or tort where Supplier’s Goods are unfit for the purposes intended by LSI or any end user. Said Warranties shall be in addition to any other warranties, express and implied, given to LSI by Supplier. Nothing contained in this Purchase Order shall be deemed a waiver of warranties implied by law.
- PATENT. TRADEMARK. Supplier shall indemnify, hold harmless and defend LSI or any of LSI’s distributors or the users of Goods from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney’s fees incident to any infringement or to any claimed infringement of any patent, trademark, designs, copyrights or any other industrial proprietary right of the United States or foreign countries resulting from the use and/or sale of Goods and Supplier shall defend or settle at its own expense any suit, action or proceeding in which LSI, any of LSI’s distributors or the users of any Goods are made a defendant for such infringement and further agrees to pay and discharge any and all judgments or decrees which may be rendered in any such suit, action or proceedings against such defendants. If use of the Goods is prohibited by reason of any such claim, Supplier shall replace them with substitute non-infringing goods acceptable to LSI, or remove the Goods and refund the Purchase Price, and pay all costs incurred in connection therewith.
- PRICE. LSI shall not be billed at a price higher than that stated in this Purchase Order unless authorized by written consent issued and signed by LSI’s authorized representative. No charges of any kind, including miscellaneous charges for set-up, freight or crating, shall be charged to LSI unless specifically agreed to in writing by LSI. Supplier agrees that any credit balance will be paid to LSI upon written request. LSI may offset against amounts payable under this Purchase Order all present and future indebtedness of the Supplier to LSI arising from this or any transaction.
- TERMINATION. LSI reserves the right to cancel this Purchase Order partially or entirely, in the event Goods fail to conform to the warranty specified in provision (7) of this Purchase Order, in the event Supplier fails to make deliveries as specified in this Purchase Order, or in the event Supplier breaches any other terms and conditions of this Purchase Order. LSI may cancel all or any part of this Purchase Order at any time prior to shipment. LSI may forthwith cancel this Purchase Order in the event of the happening of any of the following: insolvency of Supplier; the filing of a voluntary petition in bankruptcy; the filing of an involuntary petition to have Supplier declared bankrupt; the appointment of a receiver or trustee for Supplier, or the execution by Supplier of assignment for the benefit of creditors. In the event of any such cancellation, LSI, without prejudice to any other rights available to it for breach of this Purchase Order, shall have the right: (a) to refuse to accept delivery of Goods; (b) to recover from Supplier all payments made therefore and for freight, storage handling and other expenses incurred by LSI and to be relieved from liability for any future payments to Supplier; (c) to recover any advance payments to Supplier for undelivered or returned Goods; (d) to purchase elsewhere and charge Supplier with any resultant losses. No returned Goods shall be replaced without LSI’s written replacement order.
- REMEDIES. The remedies herein reserved to LSI shall be cumulative and additional to any other or further remedies provided in law or equity.
- APPLICABLE LAWS. This Purchase Order shall be governed by and construed according to the laws of the State of Ohio of the United States of America, without reference to the principles of conflict of laws. If Supplier is not located within the United States of America or any of its territories, all Freight Terms shall be assigned the meanings given to them in Incoterms 2000 published by the International Chamber of Commerce. This contract shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Any suit, action or proceeding arising out of the sale hereunder shall be instituted by either party in the courts of the State of Ohio, Hamilton County, or the United States District Court for the Southern District of Ohio, Western Division and LSI and Supplier shall irrevocably and unconditionally submit and consent to the jurisdiction and venue of any such court for such purpose, and each waives any obligation it may have as to the venue of any dispute arising out of or in connection with this transaction.
- MODIFICATION AND WAIVER. This Purchase Order, together with any specifications, drawings and data furnished to Supplier, constitutes the entire agreement between LSI and Supplier and there are no understandings or representations of any kind except as herein expressly set forth. Any alterations or modifications thereof shall be by mutual agreement of the parties and shall not be binding on LSI unless made in writing and agreed to by a duly authorized representative of LSI. No claim or right arising out of breach of this Purchase Order can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is in writing signed by the LSI.
- TAXES. Unless expressly provided on the face of this Purchase Order all taxes of any type or sort assessed, imposed or charged on the production, delivery, or sale of the Goods shall be paid by Supplier.
- MAXIMUM LIABILITY. LSI’s maximum liability under this Purchase Order shall in no event exceed the price stipulated in the terms set forth on the face of this Purchase Order.
- INDEMNIFICATION. Supplier shall indemnify and hold harmless LSI, its customers and those for whom LSI acts as agent in purchasing hereunder from all claims, liability, loss, damage and expense, including reasonable attorneys’ fees, sustained from the purchase, use or sale of any of the Goods or upon breach of the warranty hereunder, and any litigation thereon, and such indemnity obligation shall survive acceptance of the Goods and payment therefore by LSI. In addition, if Supplier performs Services at or Goods are delivered directly to LSI’s customers or suppliers, or if Supplier performs services at any one of LSI’s locations, Supplier shall indemnify and hold harmless LSI from all claims, liability, loss, damage and expense, including reasonable attorneys’ fees, sustained by LSI from Supplier’s performance of such Services or the delivery of the Goods. With regard to intellectual property, Supplier represents and warrants that the use of Goods will not violate the intellectual property rights of any third party under patent, copyright, trademark, or trade secret law. In the event that a third party claims that LSI’s use of the Goods violates the intellectual property rights of that third party under patent, copyright, trademark, trade secret or unfair competition law, Supplier shall, at its expense, indemnify, defend, save and hold harmless LSI from and against any claim, loss, expense or judgment (including reasonable attorney fees) provided that (a) LSI give Supplier written notice of the claim, and (b) LSI provides reasonable assistance to defend against the claims(s).
- INSURANCE. Upon request Supplier, shall furnish LSI with a copy of a Certificate of Insurance showing adequate coverage for Worker’s Compensation, product liability and property damage. Supplier shall obtain and maintain, at all times, insurance coverage in amounts not less than comprehensive general liability of $1,000,000 per occurrence; $2,000,000 per location/project; $1,000,000 automobile liability combined single limit each accident; $5,000,000 umbrella liability per occurrence/aggregate and worker’s compensation for $1,000,000 bodily injury for each accident. LSI shall be named as an additional insured under each liability insurance policy either by name (LSI Industries Inc.) or by definition in the policy.
- INTERNATIONAL SALE. Notwithstanding any provisions to the contrary set forth herein, any international sale shall be subject to the following terms: (a) all trade terms identified herein shall be governed by the meanings assigned to them in Incoterms 2000; (b) LSI and Supplier hereby agree that the Purchase Order shall be governed by and construed in accordance with the laws of the State of Ohio, without reference to the principles of conflicts of law and hereby further agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the terms hereof; (c) any suit, action or proceeding arising out of the sale hereof shall be instituted by either party in the courts of the State of Ohio, Hamilton County, or United States District Court for the Southern District of Ohio, Western Division and LSI and Supplier irrevocably and unconditionally submit and consent to the jurisdiction and venue of any such court for such purpose, and each waives any obligation it may have as to the venue of any dispute arising out of or in connection with this transaction; (d) all other terms and conditions set forth herein shall apply to international sales.
- ASSIGNMENT. Supplier shall neither assign any rights nor delegate any duties under this Purchase Order nor any monies due hereunder without the prior written consent of LSI’s authorized representatives. Supplier will not assign this Purchase Order or any rights or obligations hereunder, nor will Supplier subcontract with any other party for the furnishing of any completed or substantially completed Goods or Services described in this Purchase Order without LSI’s express written consent, and in such event Supplier will remain fully liable for subcontractor’s work, and all subcontractors will be required by Supplier to agree in writing to perform in accordance with the terms of this Purchase Order and to permit LSI to exercise all rights under this Purchase Order as if the subcontractor had executed this Purchase Order.
- CONFIDENTIALITY. Supplier covenants and agrees that it shall not, and shall cause its officers, directors, employees, agents and representatives to not, directly or indirectly, disclose or communicate to any person or entity any information of LSI disclosed hereunder or in connection with the Purchase Order contemplated hereby. Supplier shall be responsible for the compliance of this nondisclosure obligation by Supplier’s officers, employees, agents and representatives. This nondisclosure covenant has no geographic, territorial or time limitation and applies no matter where Supplier may be located or conducts business in the future.
- AUDIT RIGHTS. Supplier hereby grants to LSI access to all pertinent information, including but not limited to, specifications, inspection reports, books, records, payroll data, receipts, correspondence and other documents and materials in the possession or under the control of Supplier, or otherwise relating to any of Supplier’s obligations under this Purchase Order or any payments requested by Supplier pursuant to this Purchase Order. LSI shall have the right at any reasonable time to send its authorized representatives to examine all such information. In addition, all work, materials, inventories provided under this Purchase Order must be accessible to LSI, including without limitation any parts, tools, fixtures, gauges, models and the like. Supplier shall maintain all pertinent information relating to this Purchase Order for a period of four (4) years after completion of Services or delivery of Goods pursuant to this Purchase Order. In the event that any such audit discloses any inaccurate information, the Supplier shall indemnify, defend and hold harmless LSI from and against any loss, liabilities, costs, expenses, suits, actions, claims and all other obligations and proceedings, including but not limited to all attorneys’ fees and any other cost related thereto. The Supplier shall cause all of its sub-suppliers to grant to LSI all of the rights afforded to LSI pursuant to this Section.
(3/13/23)