1. TERMS AND CONDITIONS APPLICABLE
The terms and conditions set forth herein will apply to all sales of goods (“Products”) by OLYMPIAN LED, Inc. (“OLYMPIAN”) to any purchaser (the “Buyer”). OLYMPIAN’s acceptance of any order for Products (each, an “Order”) is expressly made conditional upon assent to the terms and conditions set forth herein. OLYMPIAN does not accept and hereby expressly rejects all terms and conditions contained in any document issued by Buyer which purport to pertain to the Products and/or the relationship between OLYMPIAN and Buyer, which terms and conditions are in addition to or inconsistent with the terms and conditions set forth herein, and such terms and conditions will not become part of any Order.
2. PLACING AN ORDER
OLYMPIAN accepts domestic and international orders. (When placing an order, please include your name, company name, bill to and ship to address, and contact information.) Orders can be placed:
By Phone: 321-747-3220
By Email: sales@OlympianLED.com
Order forms are unnecessary, but are here for your convenience so that you may fax: Order Form
All orders are subject to acceptance in writing by OLYMPIAN at its office in Titusville, FL.
3. PRICING AND PAYMENT TERMS
Corporate purchase orders
(Net 30 Day Terms payable by check or ACH. Subject to OLYMPIAN credit approval). OLYMPIAN’s Credit Application must be completed and faxed or emailed to OLYMPIAN.)
Electronic Wire Transfer (bank fees will apply for wire transfers)
All stated prices are exclusive of taxes. Buyer will pay any taxes, fees and duties or other amounts, however designated (other than taxes on OLYMPIAN’s net income or gross receipts), levied or based upon the Products and/or any Order.
Amounts past due are subject to a service charge of the lower of 1-1/2% per month or the maximum rate permitted by law. If OLYMPIAN deems that, by reason of the financial condition of the Buyer or otherwise, the extension of credit to the Buyer is not justified, OLYMPIAN may require full or partial payment in advance. For larger orders a down payment may be required. Buyer will pay or reimburse OLYMPIAN for all legal and other fees associated with the collection of delinquent accounts.
4. DELIVERY AND TITLE
All orders are shipped FOB Titusville, FL unless otherwise specified by OLYMPIAN.
Our standard method of shipment is UPS Ground Uninsured. Prices are calculated by weight at checkout.
Other methods of shipment can be specified by Buyer at time of order.
OLYMPIAN will aim to initiate shipment and deliver the order as close as possible to Buyer’s requested delivery date(s).
Buyer acknowledges that shipment and delivery dates provided by OLYMPIAN are estimates only and that OLYMPIAN will not be liable for failure to meet such dates. Without limiting the generality of the foregoing, OLYMPIAN will not be liable for delays in or failure of delivery of Products due to acts of God, acts of Buyer or of third parties (including without limitation, OLYMPIAN’s suppliers, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, terrorist acts, delays in transportation or other causes beyond OLYMPIAN’s reasonable control.
Delivery of order to a carrier will constitute delivery to Buyer. Risk of loss or damage to the products will pass to Buyer at this point.
5. ORDER CANCELLATION AND RESCHEDULING
Order cancellations or reschedule requests must be made at least 60 days prior to the scheduled shipment date.
All cancellations and reschedules are subject to final approval by OLYMPIAN.
If reschedule is approved by OLYMPIAN, only one reschedule per line item will be permitted.
All OLYMPIAN approved cancellations are subject to quantity adjusted price bill back.
Cancellation charges on standard product are a minimum of 25%.
All special order, built to order, non standard, and modified products ordered are non-cancelable.
Special order items include those items that were not already on order with factory or in OLYMPIAN’s stock. Special order items are those that are ordered specifically for Buyer’s order.
All orders to end-users are non-cancelable and non-returnable.
All International orders are non-cancelable.
There is a $1,000 per shipment minimum order requirement for all international orders outside of North America. In other words, if your company is located outside of North America, we can only accept an order if we are shipping a minimum of $1,000 of merchandise per shipment. We ship only via Federal Express or UPS for shipments outside of North America.
Re-Stocking charges on standard product are a minimum of 25% or $25.00, whichever is greater.
All special order, built to order, non standard, and modified products ordered are non-returnable.
Returns are only accepted if within 30 days of sale.
Products must be in new and unused condition. In addition, Products must be in original individual cartons.
International orders are non-returnable.
Returns for repairs or replacements are not accepted without a OLYMPIAN issued RMA number. (RMA Form for Repair)
Returns for credit or exchange are subject to Restocking charges and approval by OLYMPIAN. Contact sales by Telephone: 321-747-3220 to obtain an RMA number for return or exchange of product.
To the extent possible, OLYMPIAN will extend to Buyer the applicable Manufacturer’s warranty on all Products.
Warranty period varies by product.
Products found to be defective within the applicable warranty period can be returned for Manufacturer’s Warranty Repair.
OLYMPIAN requires the buyer to complete the RMA Request form and submit to OLYMPIAN for OLYMPIAN authorized RMA #. (RMA Form for Repair)
Returns for warranty repair are only accepted with a OLYMPIAN issued RMA#.
BUYER ACKNOWLEDGES AND AGREES THAT OLYMPIAN IS NOT THE MANUFACTURER OF THE PRODUCTS AND, AS SUCH, DOES NOT MAKE ANY – AND HEREBY DISCLAIMS ANY AND ALL – WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Further, Buyer acknowledges that OLYMPIAN has no control over, and is not responsible for, the manner in which the Products will be used or otherwise dealt with by the Buyer. The Buyer therefore agrees to assume all responsibility for, and will indemnify, defend and hold OLYMPIAN harmless from and against, any and all losses, liabilities, actions, claims, demands and expenses (including without limitation attorneys’ fees and court costs) arising out of or in any way connected with the installation, maintenance, use or operation of the Products, or the design, construction or composition of any item incorporating the Products.
8. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES
IN NO EVENT WILL OLYMPIAN HAVE ANY LIABILITY TO BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS, COST, EXPENSE, LIABILITY OR DAMAGE, WHETHER DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING OUT OF ANY ORDER OR THE SUPPLY OR USE OF ANY PRODUCT.
IN NO EVENT WILL OLYMPIAN’S LIABILITY WITH RESPECT TO ANY ORDER OR THE SUPPLY OR USE OF ANY PRODUCT EXCEED THE AMOUNT ACTUALLY PAID BY THE BUYER WITH RESPECT TO SUCH PRODUCT.
These terms and conditions and the relationship between OLYMPIAN and the Buyer will be governed by the laws of the Commonwealth of Florida, without regard to its conflict of law principles. Any dispute arising out of or in connection with any Order, Product or the relationship of OLYMPIAN and Buyer will be adjudicated exclusively in the state courts for Brevard County, Florida or the federal courts for the Eastern District of Florida, and all parties consent to personal jurisdiction and venue therein.
Buyer may not assign or delegate any of its rights or obligations under any Order without the prior written consent of OLYMPIAN. Any attempted assignment or delegation in violation of this paragraph will be null and void.
In case any one or more of these terms and conditions will for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof and these terms and condition will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.