GLOBAL FOG & EFFECTS LLC. DBA LIGHTWERK LABS

TERMS AND CONDITIONS OF SALE AND SERVICE AND INSTALLATION

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These Terms and Conditions ("Agreement") apply to the purchase of all equipment, electronic components, software systems, computer hardware, lighting fixtures, and related products (“Equipment”) from Global Fog & Effects LLC. DBA Lightwerk Labs, (“Seller”), an Arizona-based company. By purchasing Equipment from Seller, the buyer ("Customer") agrees to the following terms:

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Our Professional Commitment

Lightwerk Labs is dedicated to delivering what we, as experienced professionals, believe to be the most appropriate equipment and lighting fixtures for each unique installation. Every recommendation is made with professional consideration of multiple project-specific factors, including:

• Intended use and performance goals

• Environmental and site conditions

• Aesthetic and architectural requirements

• Budgetary and logistical limitations

• Manufacturer reliability and industry reputation

While we aim to recommend and apply the best possible solution for each project, final selection and use of any product remain the sole responsibility of the Customer. Recommendations do not constitute a guarantee of performance.

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Return Policy for Electrical Equipment and Software Systems

Customer may return any electrical equipment or software systems within thirty (30) calendar days of the purchase date or installation date, whichever is earlier.

• Returned items must be in original condition, with all accessories, manuals, and packaging intact.

• Return shipping is the responsibility of the Customer unless otherwise agreed in writing.

• Refunds or replacements are issued at the sole discretion of Seller upon inspection of the returned items.

 

Unauthorized Modifications

All technical support or warranty assistance provided by Seller is void if the Customer or a third party modifies, opens, alters, dismantles, or  changes any portion of a control system configured and programmed by the Seller.  This applies to all computer control systems, their hardware and their software components:​  In such cases, Seller shall be under no obligation to provide further support, and assumes no liability for any resulting damage or operational issues.

 

Condition of Goods – New and Reconditioned Equipment

Customer understands that computer hardware and software sold may be reconditioned, unless specifically stated as new.

• All reconditioned computer products are serviced by independent, certified professionals, and are not reconditioned by or affiliated with Lightwerk Labs.

• Seller makes no representations regarding the previous use or lifecycle of reconditioned goods.

 

Manufacturer Warranties

All electronic components, lighting fixtures, and related Equipment are subject only to the original manufacturer’s warranty, if one is provided.

Lightwerk Labs does not offer any express, implied, or extended warranties on any product, except as specifically stated in Section 10 regarding custom works, fabricated objects, and signage.

Seller may assist the Customer in working with the manufacturer in the event of failure, but assumes no liability for warranty fulfillment, resolution delays, or losses resulting from product failure.

 

Limitation of Liability & Indemnification

Customer agrees to assume full responsibility and liability for the use, installation, and application of any Equipment purchased.

Seller, including its owners, employees, subcontractors, and agents, shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to:

• Personal injury

• Property damage

• Loss of data or business

• Downtime or lost profits

Customer agrees to indemnify, defend, and hold harmless Seller and its affiliates against all claims, damages, costs, or losses arising from Customer’s use or misuse of the Equipment.

 

No Legal Warranty or Representation

Seller makes no legal representation or warranty regarding the fitness, compliance, or suitability of any product for a specific use, system, industry, or regulation. Customer assumes full responsibility for ensuring compliance with local codes, regulations, and performance requirements.

 

Governing Law and Jurisdiction

This Agreement shall be governed by and enforced in accordance with the laws of the State of Arizona.

Any disputes shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and both parties agree to submit to the jurisdiction of those courts.
 

Entire Agreement

These Terms and Conditions constitute the entire agreement between Customer and Seller.

No oral statements, external documents, or prior agreements shall be binding unless expressly included in this document.

Modifications must be made in writing and signed by both parties.

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Payment Terms and Nonpayment Protection

Unless otherwise stated, all invoices are due upon receipt, or per the terms specified (e.g., Net 15, Net 30).

Nonpayment, delayed payment, or partial payment is considered a breach of contract and may result in the following actions taken by Lightwerk Labs if they so choose to enforce within the constraints of the laws of the state of Arizona:

• Suspension of ongoing work or support

• Hold on future orders or shipments

• Late fees of 1.5% per month (18% annually) or the maximum allowed under Arizona law

• Customer is responsible for all collection costs, including reasonable attorney's fees, court costs, and third-party collection fees.

Title and ownership of all Equipment remain with Seller until full payment is received.

 

Custom Fabrication & Signage Warranty, Installation, and Liability Disclaimer

All custom works, fabricated objects, and signage produced by Seller are backed by a one (1) year limited warranty from the invoice date. This warranty covers defects in craftsmanship and materials under normal intended use and conditions.

Warranty Scope:

• Coverage includes structural integrity, welding, fabrication quality, and finish workmanship.

• This warranty does not extend to normal wear and tear, damage caused by misuse, neglect, accidents, environmental conditions beyond our control, or modifications made by parties other than Seller.

• Electronic components, lighting, fixtures, and control systems are specifically excluded and remain covered only under their respective manufacturer warranties.

Remedy:
At Seller’s sole discretion, any item deemed defective under this warranty will be repaired or replaced to a “like-new” condition. This warranty is limited to the repair or replacement of the defective item only and does not cover removal, reinstallation, or incidental costs.

Installation Requirements:

• Where installation is performed by Seller, the work will be carried out in accordance with professional standards and any prior site assessments, as applicable.

• When installation is performed by the Customer or a third party, it is the sole responsibility of that party to ensure the work meets all safety standards, building codes, and manufacturer specifications.

• Seller shall not be liable for issues resulting from improper installation, site conditions, or failure to follow recommended practices.

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Limitation of Liability:
Except as expressly stated in this section, no other warranties, express or implied, apply to custom fabrications or signage. Seller shall not be liable for consequential, incidental, or indirect damages arising from use, installation, or failure of the product, regardless of cause.

By placing an order, accepting delivery, or by any verbal or written communication that reasonably indicates acceptance, the Customer acknowledges and agrees to be bound by these Terms and Conditions in full.

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