1. Sale and Purchase of Goods
CandleRay LLC (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described and quoted by your representative and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Non-Disclosure Agreement
By inquiring product and pricing information from CandleRay LLC you are acknowledging that you are an Authorized Representative and agree to the following confidentiality agreement with respect to all verbal and/or documented price quotes, specification, supplier information, design recommendations, and any information provided by CandleRay LLC. Any information obtained from CandleRay LLC is strictly confidential. By requesting and receiving this information you agree to limit the internal access to the documents and ensure that everyone within the organization abides by the confidentiality. Breach of this confidentiality is grounds for immediate termination of this agreement and potential revocation of any quotation. The Authorized Representative agrees to the CandleRay LLC., Terms of Service, Warranty and Return Policy, and Privacy Agreement found herein and at www.candleray.com which are incorporated into this agreement by reference and available upon request. Any Authorized Representative of a corporation or other entity represents and warrants execution, delivery and performance of this agreement by the corporation or entity.
4. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date, unless payments have been specifically arranged by the Seller. Purchase Price is subject to change in final invoice based on any changes in project scope (outlined below). Other arrangements may include a partial down payment, with full payment made upon receipt of product (e.g, balance Net 10, or balance Net 15). In this case, any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. After 60 days any unpaid balance will incur a 3.5% service charge that will be accumulated at the beginning of each subsequent month. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. If the Buyer does not pay balance in full after 12 months, the Seller will have legal authority to repossess any of the unpaid product. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
All equipment, design and consulting fees, and 3rd party installation estimates may be included in order to represent a more accurate quote and overall analysis for the client. All figures are estimated fairly and to the best of the representative’s ability; however, these are educated estimates and figures may be adjusted in final invoice to reflect actual project costs. Final and actual project costs may change based on the following, which may include, but are not limited to: final and additional shipping charges, change of project scope and associated equipment and design costs, upgrades and 3rd party electrical repairs and equipment related to necessary changes to preexisting conditions needed to comply with all local and national building and electrical codes. CandleRay LLC is not a contractor or attempting to appear as such, but will work with 3rd party contractors in order provide all needed documentation to justify final balance due to changes in project scope.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
The CandleRay Team is happy to manage the manufacturer warranties for each of our valued customers and clients. Your product carries a replacement warranty valid from the date of receipt until listed expiration as listed by the manufacturer. Please note that the warranties provided for shall be governed by Seller’s warranty policies in effect on the date of shipment, specific to each Buyer, each product, and each manufacturer. Warranties vary by product, and are listed on the product specification sheet and other marketing materials. The Buyer is responsible for knowing and understanding the warranty information provided before agreeing to purchase each product. By purchasing, the Buyer agrees to the warranty listed with each product, the refunds and exchanges policies described below, the Terms of Sale & Service, and if using the CandleRay website in any way, the Terms of Site Use.
Returns and Cancelled Orders
You may return merchandise purchased from CandleRay for a refund or a replacement, provided that all procedures and requirements explained herein are followed. All product returns require a Return Merchandise Authorization Number (RMA) within 14 calendar days of receipt. Contact us at orders@CandleRay.com to request an RMA number. Your RMA number will be issued and valid for 14 calendar days after it is issued. A restocking and processing fee of 20% of the transaction will apply to all satisfactory and undamaged merchandise returned for a refund, and the customer is responsible for return shipping costs. Shipping and processing fees may be waived at the company’s discretion.
If an order placed with CandleRay LLC, either verbally or on paper, is cancelled after the order has been processed, a restocking fee of 20% of the transaction will be charged and the customer is responsible for all shipping costs. Shipping and processing fees may be waived at the company’s discretion. Design and consulting fees waived by CandleRay LLC due to equipment purchases may be applied if said equipment was returned or cancelled, and not purchased.
If you purchased a product from CandleRay and you wish to exchange it for an alternative, you may immediately place a new order for a speedier exchange. When we receive the original product, a replacement product will be shipped within 10 business days. Replacement lead time may increase contingent on product stock and availability. Partial refunds from price differences are applied to the payment method used at the time of purchase within 10 business days after receipt of exchanged merchandise. The Buyer is responsible for all return shipping costs of satisfactory and undamaged merchandise returned for an exchange. A restocking and processing fee of 5% of the transaction will apply to all satisfactory and undamaged merchandise exchanges. Shipping costs may be waived at the company’s discretion.
All products are quality checked before shipment, so CandleRay may require photos, verbal communication with the installer, return shipment and inspection, and/or other documentation in order to approve exchanges or refunds of a defective item and its shipping costs. All defective item returns require a return merchandise authorization number (RMA) within 14 calendar days of receipt. Contact us at orders@CandleRay.com to request an RMA number. Your RMA number will be issued and valid for 14 calendar days after it is issued. The Buyer may be responsible for the initial return shipment costs until the item is considered defective. Once documentation and/or inspection determines the item as defective, your product will be replaced, or a refund will be issued, within 10 business days. Replacement lead time may increase contingent on product stock and availability. Defective products will be replaced with no processing fee, and any shipping costs incurred by the buyer will be reimbursed or credited.
All packages are inspected for damage before shipment. If your package has been damaged in transit, please contact us immediately. We must be informed of all shipping related claims within 3 calendar days after the date of receipt. A damage claim will be filed on your behalf and we will replace the item immediately, once the claim is approved.
If the merchandise is visibly damaged upon delivery, please refuse the delivery and note the manifest as such. If you refuse the delivery of the item and it is not damaged, you are responsible for the shipping, handling, and insurance charges for the delivery both ways. Any company expenses incurred on your behalf due to refused, undamaged items, will be deducted from your refund.
7. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods that have been shipped by manufactures and which seller has had no opportunity to inspect. Seller undertakes no responsibility that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement. Seller disclaims all other warranties and conditions, express or implied unless expressly noted in this agreement.
SELLER’S (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) LIABILITY IS LIMITED TO THE WARRANTIES OFFERED IN THIS AGREEMENT AND ARE PROVIDED EXCLUSIVLEY BY INDIVIDUAL MANUFACTURES. SELLER AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Tennessee, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the state of Tennessee and hereby waives any objection to such jurisdiction and venue.
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.
If you have any specific questions, please feel free to contact a team member at orders@CandleRay.com. We thank you for your time and business!